I owe Egg 5,000 but not heard anything from them since may 2009 ? Whats going on ?

[spamheed]

The SAR is requested to shed some light on what Egg did with your account and the dates of last payment etc to prove or disprove that the account is Statute Barred,

 

I wouldn't sent a CCA to Marlins just yet, send them a prove it letter first, then if and when they produce the Barclaycard paperwork you can tell them you have never had a Barclaycard axccount and would like to see the agreement, so you send them the CCA request.

[ken100464]

Agree with spamhead. You are dealing with Marlin. Just you are delaying them while you are getting the info which hopefully will prove SB for you

[mooshy]

Thank you both-pls can you clarify what a proove it letter is ?

Thanks again

[maroondevo52]

Thank you both-pls can you clarify what a proove it letter is ?

Thanks again

 

 

http://www.consumeractiongroup.co.uk/forum/content.php?428-General-debt-letter-if-you-know-nothing-of-the-debt

[mooshy]

Done.

Ive SAR `d Canada Square and sent a proove it to Marlin .

Thankx for link Maroon

[mooshy]

32 days and hears nothing from either just a phone call from merlin but no proof as yet x

[mooshy]

Well I had my statements from Canada square !

 

The writing was so small I had to use a magnifying glass (seriously ) to read it.

 

it turns out that I made my last payment to Egg about 5 years plus ago.

 

I think the 6 years is up after Christmas this year or a little later.

 

I wrote a prove it letter to Marlin that I had an account with Barclaycard not Egg and did receive a respons

 

I`ve been seriously flat out at work and home and not had much time to look at my paperwork

but I went on my credit file today (hoping to move house at some point so trying to sort out ).

 

The thing is it says Barclaycard (which it has for a while ) account SETTLED ?

 

On March 2013 it said : May 2009 last updated. Default 16 April 2009.

 

Today it says : April 2009 last updated.Date settled 16 April 2009.

 

My question is how come it said a few weeks ago that the CRA last updated in May 2009

and I owed over 5000 on a defaulted debt which defaulted in April 2009.

 

Now it says the account was actually updated on 16 April 2009 ( the same day I defaulted )

and that the account is now SETTLED ????????????

 

I am getting too hopeful that Marlin have decided not to bother ?

 

I really don't want a CCJ so would appreciate any advice ? x

Thanks

[dx100uk]

lloks like its just about to be sold then.

 

dx

[dx100uk]

what was the result of the prove it letter then?

 

dx

[BRIGADIER2JCS]

Definitely sold on imo, no doubt a DCA will be in touch quite soon.

[mooshy]

thanks both.

Will the DCA be able to add to or record on my credit file and proceed to ccj ?

ll root out the letter from Marlin dx and post on here .

[dx100uk]

if they do own the debt then they can mark your file

however if its already defaulted, there's little they can do to harm the cra file.

 

as for a CCJ...they need the original agreement.

 

and as they know your address

 

they'll soon willy wave at you first

 

.....

 

what was the result of the prove it letter please

 

dx

[mooshy]

letter as follows :

Outstanding balance 5050

Creditor : Marlin capital Europe limited

Original creditor : Barclays Bank PLC T /A Barclaycard ( originally Egg )

 

We write further to your recent letter received in our office on 19 March

We confirm that the debt relates to a Barclaycard (originally an Egg card ) opened on 10th Feb 2005 under the number xxxxxxxxx,

the account was subsequently terminated on 16 th April 2009 .

( funny that's the date that appeared on my file as settled and the date of the default but it was only changed to satisfied this last month or so )

 

The account was reassigned to Barclaycard in April 2011 and given a new number xxxxxxx

 

Please find enclosed an income and expenditure form for you to complete

and return to our office within 10 days from the date on this letter along with your payment proposals to clear the outstanding balance.

 

lPlease also provide us with proof of any benefits you are currently receiving to enable us to assess your financial circumstances.

should you wish to discuss this further

YS

Marlin Financial services

[cwab_sticks]

Well I had my statements from Canada square !

 

Hi,

 

I'm in a similar situation, and have been trying to attain my SAR details for my defaulted EGG, now barclaycard for over a year.

 

Did you recieve the SAR information from Canada Square or was it Barclaycard?

 

I ask because I have written numerous letters to both Canada Square and Barclaycard over the past year and have been fobbed off so much that I am liaising with Barclaycard 'litigation' department before I start court action for my documents.

 

What may be of some interest to you, have you recieved the printed 'memo' reports from barclaycard?

These are quite relevent if you have already made a CCA request.

 

CS

[dx100uk]

right so they've confirmed

 

now its time to cca them.

 

do NOT action that I&E sheet!

 

 

dx

[mooshy]

CCA to Marlin ?

[mooshy]

Sorry thanks DX yes I'll CCA Marlin thanks..

Cs yes I SAR d Canada square and they complied with a mahoooosive file of almost impossible to read statements. Inge was stupidly small..

No memo reports as not made a CCA yet .Thanks .

[dx100uk]

I really like the way marlins automatically assume you owe the money

 

nicely ASSUME for your convenience that it was an old eg card

give it a new number to confuse the punter even more

 

then ask for their 3rd part harmony financial details.

 

not once proving anything.

 

dx

[mooshy]

Hi

DX if your still about could you possibly read back the last 2 pages and give me your thoughts ?

 

Ok I didn't CCA Marlin .

 

I`ve continued to receive letters from marlin.

 

On Tues 2 guys dressed in suits arrived and spoke to my husband.

 

They said they weren't debt collectors but did I live there.

 

They left a card with my husband but from resolvecall so had no idea who they were and call first thing the next day.

 

Resolvecall said the men were from Marlin but that the case had been handed back to marlin!

 

I said I wanted to discuss this as the men called yesterday and I didn't want them turning up again-

they assured me that the case was handed back to Merlin yesterday following their visit ??????????/

 

Ive checked my CRA file today and it still says that this Debt belongs to Barclaycard and was settled on month after date I defaulted in April 2009 . It says settled May 2009.

 

Ive joined a new credit checker which comes free with a credit builder credit card I have.

 

On there it shows as Marlin owning the debt and its status is D (default ) for June July and Aug.

 

Ive checked the paperwork and I can see my last payment I think came out Nov 2008 so not SB until next year,

although im sure when I went back through my accounts ages ago my last payment was well before this .

 

why did these debt collectors who say they weren't debt collectors rapidly hand the case back to marlin ?

 

I really don't want a CCJ or DCA coming again.

 

My default will fall off in April this time and I really don't want another ?

[dx100uk]

you cant get another default for the same debt

once the default reaches its the birthday

the whole account will vanish

and cannot return.

 

resolve call are doorstep fleecers that try it on with SB or near SB debts.

 

have you ever sent marlins a CCA request

 

adapt the following text to YOUR details.

.

DO NOT SIGN THE LETTER!

.

get a £1 BLANK Postal order

.

write on the back.

for statutory £1 CCA FEE ONLY.

NOT FOR ACCOUNT PAYMENT

.

leave the payee BLANK

.

post the two off by 1st class post, get proof of posting from PO counter - ITS FREE!!

.

they have 12+2 WORKING days to comply.

.

.

firm demanding money

 

street,

 

town,

 

county

 

postcode

 

 

 

Dear Sir/Madam

 

 

 

Account/Reference Number 12345678

 

I do not acknowledge any debt with your Company or Associates

 

This letter is a formal request pursuant to s.[77/78/79]

[***DELETE AS NECESSARY FOR YOUR TYPE OF ACCOUNT***

77/78 - everything bar HP agreemwnts, 79 for HP]

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,

including a detailed statement of the account.

 

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 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment,

and places a duty upon you to pass this request to the creditor.

In the case of an absolute assignment, you are a creditor as defined by s.189.

If you contend that you purchased the rights but not the duties of any agreement,

you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

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

 

Mr A N Other [PC print yourname - do NOT sign it!]

 

 

or

send the SB letter to them.

 

dx

[mooshy]

Im just looking at this again.

I SARd Canada Square ayear ago and they sent me everything.

According to CRA debt to Barclaycard ( EGG ) was settled same day it defaulted April 2009.

My last payment was Nov 2008 so not SB until this NOV.

Ive had a letter from Mortimer Clarke Solicitors which I think is Marlin asking for payment.

 

 

Is there anything I can do to hold off until SB ?

Could they suddenly slap a CCJ on me ?

[dx100uk]

did you ever send a CCA request?

 

dx

[mooshy]

no but I think I received everything with the SAR ?

[dx100uk]

doesn't matter

 

whomever is after money MUST have it themselves.

 

you don't tell nyone you have a copy.

 

let it run

 

see what they threaten next.

 

dx

[mooshy]

DX im addressing everything today !

Im now doing CCA for this as don't want to risk a claim over here as well !

Now do I CCA Marlin the people who own the debt or Mortimer Clarke their solicitors who actually live at the same address !