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original loan documentation


richardcparker
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hi

 

I have a company Marlin financial chasing me for a credit card debt which I once held with Marbles. They have aquired the debt from Marbles.

 

I have twice asked Marlin to supply the original loan documentation and on each occasion they have said that they do not have it and have asked Marbles to send it to them.

 

I have said to Marlin that as they cannot supply this document the loan is un-enforceable and i have offered £500 in full and final settlement but they have refused this.

 

What should be my next step if the loan documentation doesnt turn up ? will marbles still be able to register a default against my name if i refuse to pay them any money ?

 

any help appreciated.

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While no agreement has been sent, this doesn't stop them updating your credit file.

 

Do you know if the debt was sold to Marlin or whether they are collecting on behalf of Marbles.

 

Are there any charges levied against the account that you have paid?

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi and welcome to cag

 

I notice you have found your way to the correct forum and started a thread there :D

 

Im sure you will get the help you need there

 

 

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Hi , Marlin have sent me a notice of assignment letter. It states

 

" We give you notice that the above named assignee "marbles" has acquired the above named assignor all of the assignors rights in , to and under your above detailed account. This means the creditor under your above account is now the assignee and all amounts due under the account are owed to the assignee.The assignee has appointed marlin finacial services to administer the account. You should marlin immediately so that they can agree payment terms with you. You should no longer make payments to the assignor or any other company."

 

I assumed that marlin have bought the debt . I also called Marbles and they had no details of my account any longer.

 

I am currently paying £ 1 monthly to marlin as i am un-employed, with no interest.

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I have merged your other thread with this one to keep everything simple.

 

Have a look here:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors.html

 

As they haven't sent you your agreement, you could put the account into dispute (letter 20)

They can continue to mark your file but they cannot demand you pay, only request.

 

Your choice, carry on paying or stop until they supply a valid agreement.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I will send you the letter via private message.

We are not too keen on publishing the letters on open forum

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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You will gain very little by offering £500 as they will still mark you credit file for 6 years. In your case with no CCA I'd pay nothing but that is your decision. End of the day with no CCA they can do little except harass you and that will soon fade away. If you went for F&F you may even still get harassed by another DCA looking for the rest of the debt. F&F needs very careful consideration so that it is watertight.

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  • 9 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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