Still No CCA from Marlin now Resolvecall letter.

[tronny]

Despite Marlin issuing a stat demand in Jan 09 and me subsequently winning my set aside in march the same year after CCA requesting Marlin who Still haven't complied with my request it would appear they have now enlisted Resolvecall to try and threaten me.

 

RE: YOUR ABOVE OUTSTANDING ACCOUNT

 

We are acting on behalf of Marlin Financial Services who are the collecting agent for your above creditor(none listed above) We have been instructed by them to arrange a personal visit to your home by one of our representatives unless you contact Marlin Financial Services to address your account. This is because you are not making payments to your account and have failed to make contact with Marlin Financial Services despite their requests for you to get in touch.

 

It is in your interests to contact Marlin Financial Services iimmediately upon receipt of this letter to discuss your account as a matter of urgency. Failure to do so will lead to a personal visit being made by one of our representatives to your home to discuss your account and payment proposals.

 

PLEASE DO NOT IGNORE THIS LETTER. ACT NOW TO HAVE A POSITIVE DISCUSSION ABOUT YOUR ACCOUNT.

 

WHAT NOW???????????????????

Edited May 19, 2011 by tronny

[Revenant]

Hi tronny

 

Given your sucessful set aside and the on going CCA failure I think we can safely say that the account is in dispute

 

Have a read of this letter from the Library . . http://www.consumeractiongroup.co.uk/forum/content.php?426-A-letter-when-the-account-has-been-passed-to-another-debt-collection-agency

 

Amend it to suit your circumstances including a mention of the set aside, send it to Resolvecall and let them get on with it

 

This is just my opinion and I'm sure that CAGGERS with more experience of this sort of situation will give more/better options

 

Good luck

 

R

[tronny]

Thanks REV much appreciated.

[DonkeyB]

When you got the set aside, were you not ordered to enter a defence to the original claim?

[tronny]

Yes with the help of 42man. No valid CCA, No Notice of assignment and No default Notice. Along with other Stated Case references.

[tronny]

Should I enclose a copy of the CCA letter sent to Marlin aswell, REV. Donkey what is your thinking re defence to set aside???

[DonkeyB]

Resuested.

[DonkeyB]

Requested.

[DonkeyB]

SORREEE... just realised it’s an SD, not a court claim.

 

(I’m a menace to society so I can’t edit my own posts... have asked a mod to edit)

 

SOOO... yes, letter to Resolvecall, copied to Marlin, stating the fact that as a valid CCA request remains outstanding, the account remains in dispute.

 

Copy your correspondence to the OFT.

[DonkeyB]

And remember, they CANNOT take enforcement action while in default of a valid CCA request (as per pt2537’s Kotecha case). I note that in their letter they have carefully fallen short of threatening legal action so I believe they know exactly what they are doing –*no admin error here.

[tronny]

A short history of this case for your info donkey, although a historic thread will exist somewhere within this site referring to the original post.

 

This was an HFC/MARBLES credit card which was referred to Restons and payments were being made monthly towards it without fail. Then all of a sudden I try to pay Restons and they tell me over the phone they are no longer handling this debt and someone would probably contact me and I should be paying them. This somebody was Marlin and when I spoke to them they wanted more than double what I was paying and wouldn't budge. I then CCA'd Marlin and there reply was to issue a Stat Demand for the outstanding amount which I subsequently applied to have set aside filing my defence with the court and attending on the hearing date only to find Mortimer Clarke for Marlin didn't bother to turn up and upon reading my evidence the judge set the stat demand aside. Then despite my request still not being complied with Marlin continually rang to speak to me which I always refused their request telling to fulfill my request and I would speak to them which of course hasn't happened culminating in the letter from resolvecall today.

[martin g]

Hi,

Donkey, you are getting confused between a set aside to a SD and a set aside to a CCJ awarded when there has been some error in the service of the CCJ documents.

 

Once the SD has been set aside that is the end of it because the claimant cannot proceed and issue a bankrupcy petition, nor can they issue another SD, as this would be an abuse of process.

 

I would ignore them, however if you want to get into correspondence simply write bak and point out that this matter has been considered by the court on XXX date and that Marlin lost, then suggest that they return the file to their client. I wouldn't tell them that it was an SD or go into any details, they should have all the info' to hand if they want to chase/ harrass you.

 

Martin g

[DonkeyB]

Hi,

Donkey, you are getting confused between a set aside to a SD and a set aside to a CCJ awarded when there has been some error in the service of the CCJ documents.

 

Once the SD has been set aside that is the end of it because the claimant cannot proceed and issue a bankrupcy petition, nor can they issue another SD, as this would be an abuse of process.

 

I would ignore them, however if you want to get into correspondence simply write bak and point out that this matter has been considered by the court on XXX date and that Marlin lost, then suggest that they return the file to their client. I wouldn't tell them that it was an SD or go into any details, they should have all the info' to hand if they want to chase/ harrass you.

 

Martin g

 

Yes I know, I pointed it out myself! I misread the first post.

[tronny]

Thanks Donkey and apologies I missed YOUR replies as was typing my last post. DOH.

[tronny]

Thanks Martin.

[DonkeyB]

Just looked at your original thread, and this was assigned to Phoenix Recoveries who tend to buy poor quality books of debt. Marlin are collecting for Phoenix, then. Who was the claimant on the original SD, out of interest? It should not have been Marlin – it should have been Phoenix!

[DonkeyB]

I also note that Marlin said they were looking for your CCA in February 2009... must be very well hidden.

[DonkeyB]

Just looked at your original thread, and this was assigned to Phoenix Recoveries who tend to buy poor quality books of debt. Marlin are collecting for Phoenix, then. Who was the claimant on the original SD, out of interest? It should not have been Marlin – it should have been Phoenix!

 

Just to add to this, I am sure that I cannot recall a single instance where Phoenix have actually issued a notice of assignment.

 

So however far this goes down the line, even if it goes to court, you should have no problems.

[tronny]

Yes mate it was Phoenix on the SD.

[Craftygirl42]

I had the same letter. Marlin discontinued a court case over year ago after my witness statement which was done with CB's help. I am also wondering what my options are

[tronny]

Well an update for this one.Received a hand delivered brown envelope which contained a resolvecall calling card for my urgent attention and telling me to contact their head office along in the normal post with a letter from Marlin or rather a Notice of assignment saying that MCE Portfolio Limited has had assigned to it all right, title, interes and benefit in my account.

 

Wat now???????????????

[alfwithhair]

I would just ignore it, Resolvecall are about as much use collecting debts as I am at sewing.

Thinks the are part of Scotcall, they share the same address.

 

I by any chance one of their ' feild agents' does darken your doorstep, just tell them to leave at once.

The have no powers whatsoever.

[tronny]

What about the NOA from Marlin regarding MCE Portfolio should I just send Marlin the Account in Dispute letter??

[alfwithhair]

Has an account in dispute letter not already been sent to Marlin?

MCE Portfolio Ltd is only Marlin's under cover name

[tronny]

Its been over two years since i cca requested them and set aside the sd they hit me with when i cca'd them i can't recall if i did send one. However they should be well aware of their non compliance or should i remind them??????