Marlin collecting on statute Barred Debt

[coolbird]

Hi

I bought a car from Yes Car in approximately 2001 and cutting a long story short became unemployed a few months after and they reposessed the car and sent me a bill for nearly £7,000 after this I didnt hear a thing until around 2003/4 when I got an occassional letter from a debt collection agency which I ignored, Marlin placed a default on my experian credit file about 6 months before it became statute barred but never contacted me the default dissappeared off my credit file a couple of years ago and I thought that was that.

Last week I received a letter asking me to contact urgently to arrange a suitable repayment plan, I ignored this as a fishing letter hoping to latch onto the foolish, now I have received a letter saying if I dont contact within 7 days they will either:

A solicitor will be employed to decide whether to recover the debt in the county court.

A licensed collection agency will be instructed to visit your home to seek a repayment plan.

Or

An alternative DCA will be instructed to collect the outstanding debt.

I was that annoyed I called them stating that I didnt owe any money to there clients and the so celled debt was now statute barred and claims made in the letter were grounds for harrassment.

They said that it was not statue barred as a payment had been made to an "outside source" of £100 in June 2004 so it was not barred.

First I dont remember making any such payment but they said they will send me a statement of accounts and will be persuing the debt.

 

I am really confused.

 

Any advice would be welcome.

 

Regards Coolbird

[cerberusalert]

Wait for the Statement to arrive, even if payment was made in June 04 it will be SB this June anyway.

It will take a few months of postal ping-pong for them to produce anything by which time it definitely will be SB.

[harrassed senior]

This is a tactic being used more and more in desperation by DCAs to extend the Statute Barred date.

 

If you are in Scotland, evening 'accepting' their alleged payment date it is still SB, and in England will be by the end of June 2004.

 

I am in a very similar position, although not the same DCA and I have been advised to wait it out.

[coolbird]

Wait for the Statement to arrive, even if payment was made in June 04 it will be SB this June anyway.

 

Wow thanks quick reply, can they not take legal action between now and then and as marlin placed the default on my credit file just before it became statute barred how do I stand with that?

 

Thanks again Coolbird

[cerberusalert]

Don't worry about them taking any legal action, you'll be able to drag this out until the end of June anyway. They have yet to prove a debt exists.

[coolbird]

Thanks for the reply guys; it will not stop me worrying but its a better place than I was in before all your advice.

 

I will be back with any changes in status.

 

Thanks again

 

Coolbird:oops:

[Drexl Spivey]

Just remember to deny this debt has anything to do with you in your soon to be postal ping pong . Refuse vehemently any association with the thing.

[coolbird]

Hi Again

Well Marlin were fast; I spoke to them on saturday morning and they have sent me a statement of accounts that arrived today, strange it shows payments to an external as they call it but I have no recollection of having made these payments! the car was purchased March 2002 and payments were made toseptember 2002 when the car was reposessed. These anomolous payments started in late 2003 with the last one on 08/06/2004

 

Please be patient but I have a couple of questions that I dont understand.

How can I deny the debt?

How can Marlin place the default and then collect information at a later date about payments that extend the statute?

 

Its over two months before this so called final payment allows it to be barred again, how the heck am I going to hold these blood suckers off?

 

Thanks for any help guys Coolbird:???:

[sillygirl1]

You can ask for positive proof from Marlin of where the money has come from so you can cross check it with your records.... they are playing dangerous games here.

 

An External source CANNOT be you so you are actually quite safe...

 

One of their threat monkeys may have had success with this tactic on a less enlightened member of the public.

 

Don't worry because even if they did go for court enforcement any judge would ask why they didnt chase back in 2004 when the alleged payments stopped. That is defence enough.

[meols cop]

Does it say how these payments were made? Have you got copies of your bank statements?

[coolbird]

Does it say how these payments were made? Have you got copies of your bank statements?

 

Hi

 

My online bank statements dont go back that far

 

On this statement (plain paper with a load of figures on it) these payments are marked for example:

DR EXT Date 125 (Balance)

 

They are obviously going to expect a response from me, do I send a recorded letter asking for the exact details of these payments?

 

Its probably very obvious but I am hanging on every bit of advice.

 

Thanks Coolbird

[harrassed senior]

To be personally honest, they really are just 'trying their luck'. It is extremely unlikely that anything is going to happen now. I would just totally ignore them for now.

 

The 8th June this year will arrive very quickly so please do not worry. As has been said, a judge would not look kindly on this at such a late date, even supposing they could issue a Summons, it is very unlikely that they could get a Court Date very soon, especially if you were to apply a Defence. But I really to not think it will get that far.

[postggj]

marlin roll over on these yes car greementa quite easy

 

they are crap

 

put up a defence and they roll over

 

did marlin send you a copy of the agreement

 

marlin know to well these agreements cant be enforced

 

ive not lost one yet against yes car agreements

 

any probs or hastle., give me a bell and i have the magic bullett letter to send them

[coolbird]

marlin roll over on these yes car greementa quite easy

 

they are crap

 

put up a defence and they roll over

 

did marlin send you a copy of the agreement

 

marlin know to well these agreements cant be enforced

 

ive not lost one yet against yes car agreements

 

any probs or hastle., give me a bell and i have the magic bullett letter to send them

 

Hi postggj

There has been no copies of any agreements simply letters with reference numbers, not even mentioning who the debt is owed too!

 

Regards Coolbird

[debt4get]

if it is a yes car credit agreement then the agreement is totally unenforceable...marlin know this..and will roll over immediately if you start questioning the agreement....you can send for the agreement if you want it however, what you will find is that any deposit you paid was used against the 'optional' insurances..this makes the whole agreement null and void...also if you send for agreement..we can hold the whole thing up till june and statute barred

[coolbird]

if it is a yes car credit agreement then the agreement is totally unenforceable...marlin know this..and will roll over immediately if you start questioning the agreement....you can send for the agreement if you want it however, what you will find is that any deposit you paid was used against the 'optional' insurances..this makes the whole agreement null and void...also if you send for agreement..we can hold the whole thing up till june and statute barred

 

Hi debt4get

 

This sounds like a plan but I presume it needs to be done in a specific way as to not give them any loopholes?

Would I at the same time question these dodgy payments?

 

Thanks Coolbird

[twofoot]

Wouldn't mention dodgey payments at this stage, just get the agreement. SB can be the trump card when the date rolls up.

[debt4get]

agree with twofoot..send for agreement lets have a look and confirm what i have said....and we will take it from there...it costs a pound for agreement....send 'signed for' enclosing postal order...have you got the cca letter?

[coolbird]

agree with twofoot..send for agreement lets have a look and confirm what i have said....and we will take it from there...it costs a pound for agreement....send 'signed for' enclosing postal order...have you got the cca letter?

 

I must say you people are restoring my faith in my fellow man, its not everyday you get so much help.

 

But no I dont even know what a cca is!.

 

Coolbird

[postggj]

SEND THIS RECORDED TO MARLIN BY RECORDED DELIVERY

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77 TO S.79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

[coolbird]

SEND THIS RECORDED TO MARLIN BY RECORDED DELIVERY

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77 TO S.79 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

 

Thanks postggj

 

Wow great letter would it be best to fire this off immediately or wait a few days (every little helps)

Just for curiosity how long do they have to reply?

 

Great reponse guys thanks Coolbird:-D

[postggj]

IME PLAYING WITH MARLIN A BIT

 

IF YOU REALY WANT TO END THIS

 

SEND MARLIN THIS BY RECORDED DELIVERY

 

REMOVE THE REF TO GODEBT AND PUT IN MARLIN

 

 

 

Xx

Xx

Date

Agreement number

Dear sir/madam

I do not acknowledge any debt to your company

after having my agreement from DAF looked at I can now confirm the following

I HAVE NO INTENTION OF MAKING ANY PAYMENT ON THIS ACCOUNT. I REQUIRE GoDebt TO EITHER CLOSE DOWN THIS ACCOUNT OR ISSUE AN N1 county court claim

 

I will now explain why the agreement is unenforceable, might I also suggest yourselves running it past a solicitor qualified in the consumer credit act and regulations.

 

When the agreement was taken out, I was informed that I had to take out payment protection insurance to cover the creditor if I was unable to make repayments.

 

Now this constitutes a charge for credit as it has been included in the amount of credit.

 

As the amount of credit has been misstated, the agreement cannot be enforced, as the amount of credit is a prescribed term, a court is prohibited from enforcing the agreement.

 

For clarity may I suggest you study s.127 (3) of the consumer credit act 1974?

 

The agreement in the way it is laid out falls well short on a compliant agreement.

 

For your reference the payment protection insurance needs to be included in total charge for credit and not the amount of credit

.

As the agreement is in two parts, the conditional sale and credit agreement, as they have been linked, the true cost of the vehicle has been overstated. This puts the debtor at a disadvantage should he/she wish to do a voluntary termination on the vehicle.

 

I now draw your attention again to the meaning of amount of credit.

 

This is the difference between the cash price of the vehicle and any advance deposit.

 

Might I suggest you look at s.9 (4) of the consumer credit act 1974 for clarity?

 

Now as the price of the deposit was added to the insurance and not the credit agreement (car)

 

The cost of finance to the debtor has increased in the conditional sale agreement (car finance)

 

I WILL NOW EXPLAIN IN CRYSTAL CLEAR ENGLISH

 

1/ ANY DEPOSIT HAS BEEN ADDED TO THE CREDIT AGREEMENT/INSURANCE AND NOT FOR WHAT IT WAS INTENDED FOR.

THAT WOULD BE THE CONDITIONAL SALE PART OF THE AGREEMENT

 

2/ THE DEPOSIT HAS BEEN ADDED TO THE AMOUNT OF CREDIT ON THE INSURANCE

 

3/ BY DOING THIS, THE TOTAL FIGURE REPAYABLE ON THE CONDITIONAL SALE AGREEMENT HAS BEEN MISSTATED, PUTTING THE DEBTOR AT A DISADVANTAGE IF HE/SHE WISHES TO DO A VOLUNTARY TERMINATION.

 

IN SIMPLE SPEAK

 

THE TOTAL CHARGE FOR CREDIT AND AMOUNT OF CREDIT HAS BEEN MISSTATED.

 

May I suggest looking at s.90 of the consumer credit act on termination and payments of a third?

 

THIS ALSO IS PREJUDICIAL IN THE ANNUAL PERCENTAGE RATE WHICH TO WILL BE MISSTATED AND BEING A PRESCRIBED TERM, MAKES THE AGREEMENT UNENFORCEABLE.

 

Please do not insult my intelligence by stating its In the terms and conditions which I signed and agreed to. That is unless you consider a contractual agreement is binding and the consumer credit act is not.

 

 

I require a final response as to either issue an N1 claim and allow me to enter a defence or close down this account.

 

 

yours faithfully

xxxxx

[postggj]

Ive Not Lost A Yes Car Thread Yet

[coolbird]

Thanks again postggj

I will post the CCA on Friday and keep you informed.

 

Best Regards Coolbird

[coolbird]

I have had a letter from Mortimer Clarke Solicitors so I guess its time I gave an update and asked for your guys advice again.

 

I posted out the letter that postggj gave me requesting the cca and other documents, on the 13th April I received a reply containg a copy of the CCA but no other documents, the cca says payment protection nil but I cannot confirm whether this is accurate.

 

Anyway I didnt respond and took the earlier advice and ignored and until this morning not heard a thing as was stated by cerberusalert in an earlier reply the payment they claim I made on 08/06/2004 will become SB before the mail ping pong comes to an end and unless I am miss informed they need to give 30 days notice of CCJ action (or am I wrong) so they have run out of time?

 

Anyway today I received a letter from Mortimer Clarke Solicitors containing an expense & expenditure form and the letter stating if I don't get in touch within 7 days they will commence debt recovery proceedings against me in the county court.

 

My head says they are trying it on but my rear end is twitching badly:-o, as always your advice is welcome.

 

Regards Coolbird