old YB loan sold to marlins - claim form received - help

[tacklebob]

I have today received a Notice of Assignment from Marlin Financial Services. My original creditor was Yorkshire Bank. The balance is incorrect by £73. What do I need to do? Thank you.

[tacklebob]

can any one help?

 

Marlin are ringing my mobile and house phone several times a day demanding payment, despite me telling them not to.

 

I have tried contacting YB; for to be told by them it is nothing to do with them.

 

The debt was sold in September but I have only just received the notice of assignment so all the payments in between have not been credited.

 

Marlin just keep telling me to pay; but if I pay am I agreeing this is the amount I owe them.

 

I know it is not a lot of difference but that is not the point. I can not afford to pay twice. Please can someone help?

[cerberusalert]

Is the alleged debt a loan, credit card overdraft?

Have you received a Default Notice from YB?

[tacklebob]

It was a loan. I have not received a default notice. Due to the recession I am self employed and agreed with YB for reduced payments, to which I have kept to. YB have told me they have sold 58,000 debts to Marlin including mine.

[cerberusalert]

You should send a CCA request http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter to Marlin to see whether the debt is enforceable.

[tacklebob]

Thank you I shall sent that off. Is there anything I can do to stop them harrassing me on the telephone. I have never given them by number; this too must have been "sold" by YB.

[teaboy2]

send the ****ers this with your cca request too and that will stop them twits calling you.

 

Telephone harrassment

 

Account Number: *******

 

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Please treat this also as a formal complaint, and send me a copy of your company complaints procedure.

 

 

Be advised that any further telephone calls from your company may be recorded and a Fee of £50.00 will be payable by you for each and every call that is received. Any invoices that are not paid within 30days will lead to the commencement of county court proceedings. (delete about fee if you wish)

 

Yours Sincerely

 

 

Letter provide by UK26

 

hope that helps? it certainly does me even works on pain in the arse sales companies too lol

[tacklebob]

Thank you for your help.

 

I have posted both letters today and recorded delivery.

 

Can I also ask what happens if they do not respond at all to a CCA request.

 

I have another debt that I reduced due to a drop in my income due to the recession.

 

I paid the reduced installments on time but this debt was sold to Apex.

 

I wrote a CCA recorded delivery to Apex four weeks ago but have had no response.

 

Thanks again.

[cerberusalert]

Send Apex this; http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale You can now legally withold payment until they provide an enforceable CCA.

[mickrick]

Was the assignment sent Special Delivery? If not, its flawed, I believe.

[tacklebob]

The assignment was just sent in the normal post accompanied by a letter from YB.

Edited November 21, 2009 by tacklebob
did not read answer properly.

[teaboy2]

Was the assignment sent Special Delivery? If not, its flawed, I believe.

 

am not sure if its flawed or not but it does mean they can't prove if you received or not. ingorance is bless on that point

[tacklebob]

Today received a letter from Marlins saying

"thank you for your letter received on the 17th November."

 

Royal Mail must be so efficient as I did not post until the 21st.

 

They do not have the relevant documentation and are applying to YB for it.

 

But the worrying thing is the amount of debt outstanding is different to initial letter and is still wrong!

[tacklebob]

Please can someone advise me further. I have now received from Marlin's a copy of my original credit agreement. But Marlins are still chasing me for the wrong amount. Payments made on the account made between when the account was sold to Marlins and me receiving the notice of assignment have not been passed on. What can I do now?

[ladybird74]

To see what the charges are you would need to subject access request them if they are not forthcomming.

[tacklebob]

It is not charges. I had an arrangement with YB to pay a weekly amount. They apparently sold the debt in September but did not send me a notice of assignment until November. So the payments made in between have not been credited. YB still have them!

[tacklebob]

I have put a formal complaint in to YB about why these payments have not been transferred to Marlins.

 

But how can I put Marlins on hold until it is sorted.

[teaboy2]

Yes, now you have put in a formal complain then the account will be in dispute until the compalin is resolved. As such Marlins should not pursue you, so simply write them a letter stating the debt is in dispute, include a copy of the letter you sent to YB too as no doubt theyll only ask for a copy anyway.

[tacklebob]

I have received communication from YB that they will be sending me my payments back and I have to pass them on to Merlin.

 

Am I obliged to do this; it sounds really odd to me.

 

Also in relation to my alleged debt to Apex. T

 

hey ignored CCA letter and then when I sent in dispute letter they replied saying they was searching the archives.

 

I have now received another letter saying the debt has been sold from Apex Credit Management to Apex Collections

and please can I contact them with my payment proposals.

 

Do I ignore this letter?

 

I have not paid anything since I put the account in dispute.

[silverfox1961]

hi

 

With YB sending you the money back, does that make what the DCA are claiming correct?

 

You said you have been sent the agreement. Do you know if it is a good 'un or not?

 

fox

[lickthewallfatboy]

Marlin are persistent,but not insurmountable......it just takes time,persistence and patience

 

but believe me,they do eventually give up

 

it might take a couple of years,but it's worth it!

[tacklebob]

The YB have not given me a figure; just told me they are sending it back.

 

They have cashed all my cheques and I am not sure how I will get it back.

 

If I get it all back then it would make the amount the DCA are claiming as correct;

 

but should I have to send that to Merlin or could I put a smile on my childrens faces this christmas with it

and make an agreement with Merlin to pay in installments.

 

Unfortunately the agreement is the original but I was expecting it as it is a recent debt.

 

It is just the way it has been handled that makes me really cross.

 

What would you advise in relation to the alleged Apex debt? Thank you

[silverfox1961]

I think it may be time to SAR YB. You say you never received a default notice but YB told you that they had sold your account. If Marlin are collecting on behalf of YB then your account is still "live" although suspended.

If YB are correct in that the account was sold then a termination letter should have been sent to you after the "supposed" default ran out.

 

A SAR will (hopefully) bring back your account history with YB and copies of (again hopefully) everything they hold. This should show whether a DN or a TN was issued or not.

 

With Apex, I would ignore until they send what you have requested. Once they do, it would be good practice to start a separate thread for it as dealing with 2 creditors can be confusing on one thread. If they start to pester you, complain.

[tacklebob]

wanted to start a new thread, apologies.

Edited May 25, 2013 by tacklebob

[dx100uk]

old and new threads merged

 

as they've done nowt in more than 5yrs I cdoubt they will now.

 

just willy waving

 

is this on your cra File?

 

dx