Marlin collecting on statute Barred Debt

[slyspy]

Mortimer Clarke, are just Marlin

 

continue on as normal, ignore the idiots.

[coolbird]

Thanks for that slyspy but you do get the feeling that they think they still have the right to chase this and they don't seem to play by any sort of laws!

 

Regards Coolbird

[slyspy]

If they could have taken you to court, they would have before now.

[postggj]

Hi Coolbird

 

A Yes Car Agreement Ending Up In A County Court, Let Alone An N1 Claim

 

That Will Be The Day

 

You Sent My Letter So Even If They Did A Claim, They Would Have To Refute That Letter First

 

Just Ignore The Pratts

[postggj]

Mortimer Clark Have No Solicitors

 

Only

 

Litigation Assistants

 

Ive Had My Run In With Mortimer Clark/ Sorry Marlin A Few Times

 

Idiots

[postggj]

Have I Seen The Agreement

 

If Not Post It Up Minus Personal Info But Leave In The Figures

 

Google Photo Bucket

[coolbird]

Hi postggj

 

The letter I sent was the first one and they sent back just a CCA

 

"

Originally Posted by 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"

 

In what way could they refute? I will get the CCA scanned and post it later

 

Thanks for your help Coolbird

[postggj]

Fine

 

Send My Second Letter Telling Them The Agreement Is Crap

 

Recorded Delivery

 

Ill Post Up The Reply You Will Get

 

Give Me 5 Min

 

Marlin Do Usually Throw In The Towell After That Letter Unlike Godebt

[ODC]

I bet if you read the Mortimer Clarke letter again you will see that they say MAY commence Legal Proceedings rather than WILL

 

Anyway they have to PROVE you made the alleged payment in 2004. Its likely that this payment was probably the amount Marlin or some other **** paid for the alleged debt. The onus of proof that you paid the money rests with Marlin aka Mortimer Cl;arke (solicitors name for rent plc) not you

[coolbird]

Hi

 

postggj I don't see how I can send that second letter as it refers to PPI which does not appear on the cca! whether thats accurate or not is another matter.

 

CCA as requested

 

http://i909.photobucket.com/albums/ac292/coolbird/img001CCA.jpg

http://i909.photobucket.com/albums/ac292/coolbird/img002CCA.jpg

 

ODC the letter states " failure to make a reasonable proposal will result in the commencement of County Court proceedins for the full outstanding balance of your above debt"

 

Regards Coolbird

Edited May 9, 2010 by coolbird
Incomplete

[postggj]

i see now ive seen the agreement

 

when you said marlin and car credit, you jump to godebt and yes car

 

credit acceptance, now thats a name ive not heard in a while.

 

deff statute barred this debt

 

send the cretins this by recorded delivery

 

1 High Street,

Newtown,

Kent

R21 4RH

June 28, 2006

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No 4563210025897412

 

You have contacted us regarding the account with the above reference number, which you claim is owed by ourselves.

 

We would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their Debt Collection Guidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

[coolbird]

Thanks PostggJ your a star.

It will be in the post tomorrow and I will keep you informed.

 

Thanks again Coolbird