@barclaycard Barclaycard / egg transfer nightmare

[slick132]

I was thinking more along the lines of threatening enforcement or court action AFTER they've been told the a/c is in clear dispute.

 

If they push ahead with collection, making threats of intended legal action, despite being told there's a dispute, they could be in trouble for NOT taking measures to ensure the debt is properly collectible by Marlin.

 

[BEC01]

I think we will find out shortly, as we build up a picture of Marlin's game-plan.

I know in my case they have put a pretty lightweight "law" firm on to me...

[HP Mum]

Good Afternoon !

 

An update:

 

I wrote to MC solicitors and simply told them to stop writing to me as I was disputing the alleged debt held by Marlin.

I also questioned their collection behaviour considering they shared a building (+ potential front reception who signed for my CCA Request) with Marlin....

 

I have not heard back from MC yet.

 

However, I have just received a letter from Marlin.

 

Marlin acknowledge my complaint and will be looking into it over the next 8 weeks (2 months).....

 

Is 8 weeks a statutory timing ?

It is the first I have heard that a dca needs to check details within an 8 week period ??

 

Clearly Marlin has missed the CCA request deadline for my request which was, to date, 5 or 6 weeks ago.

So is there a 3-4 month deadline Marlin has to abide by? Or is Marlin just making up the boundaries as they go along !!??

 

I also am wondering if this is strategic - like Marlin or MC will deliberately send out letters with short deadlines, to reply during August when people may well be away on holidays....

Just a thought....

You know how people always seem to get debt collecting letters in the weeks running up to Christmas ....

 

One good thing - the sun is shining

xx

[ken100464]

Hi

 

Think they are talking about the FOS timetables if you wish to take it further. You have complained they have 8 weeks to respond. Either they will with a final response or you are free to go to FOS. I have done this with a DCA on a another matter and its same same wording as ours. Went to FOS as the DCA was jerking us about and todate have won £150 in compo via FOS. Also done pretty quickly as they seem to be seperating PPI away from other stuff.

 

I would be pretty happy tbh honest as you now have got a response. Before it was starting to look like you were on the path to a claim.

 

Forget the times they are outside the 12+2 days so are in default and the account is now unenforceable for the time being. They cant say they havnt recieved the request either as they are now looking into your complaint.

 

A small victory as you and one other poster were the only two with looming solicitors across all the forums so far.

 

Yay and as you say its a sunshiny day.

[HP Mum]

just the other day I had to sort out some details with my accounts @ Barclays. The desk person showed me the screen as he was working. My eyes glanced across the screen at all the details. And sitting there in all its glory was an egg card account number with a glorious "closed" beside it....

Will be interesting exactly what M bought and what details Barc have given them - bearing in mind that egg never replied to my CCA / SAR requests either...

[ken100464]

I liked your post early days on all of this and have followed your thread since.

 

Alot thought this was going to be a walk in the park. Still might be but it should be treated as the threat it clearly is.

 

Marlin will have scared many many people into paying. For everyone on here there will be many many people out there who just had this set of letters fall through the post boxes who never thought they could fight back.

 

You never know thats all this could be. A big con as they know the paperworks pants. Anyone who challenges just leave in abeyance. If they admit nothing they could come back at it one day or just write it off.

 

Anybody who hasnt replied either by paying up or asking for paperwork will get the solicitors letters now. More will pay and am sure some will be taken to court for a default judgment. Once they have that paperwork becomes irrelevant. Why waste time on a 100 odd refusniks (Bet across all forums you would be hard pressed to find even this many) asking for paperwork now when you could get default judgments on lots?

 

If egg didnt have it then good chance nothing there now. But now you got a new CCA request in all the better. Cant say they dont have it.

[slick132]

Hi HPMum,

 

I really doesn't matter what amount of time Marlin allow themselves to respond to your complaint. Until they comply with your CCA request, they cannot pursue for payments. So you can let them take as long as they choose.

 

There's no point in complaining about the time they take to respond as you'd have to go to the FOS who will allow them 8 weeks for every reply to a letter.

 

The only other option, if you run out of patience, is to take direct action using BCOBC.

 

[HP Mum]

Evening Slick

I am delighted that Marlin have acknowledged the letters I sent in and are dealing with my complaints. I have tons of patience ! I don't care how long they take as long as they don't sneak in a judgment - which it seems they can't yet.

 

I have noted, upon re-reading the letter, that Marlin have made no mention about the signed for CCA request, just my complaint letters that they will look into. However, I guess that these letters make direct reference to my CCA Request and their failure to respond, so indirectly they are acknowledging my request.

 

I really hope that my case will stand out as a template for others to get rid of egg, Marlin and MC !!

[HP Mum]

Evening,

Another update.

Marlin have written again - saying they are still investigating my complaints and following up my requests.

I am not quite sure what that really means ;-)

[trout]

IMHO, it means that so far they have nothing on you

[slick132]

Hi Mum,

 

That's fine - until they supply the goods, they can do nothing.

 

[HP Mum]

An update

 

Marlin have written back.

They confirm they have not provided the docs I requested via Sect 77-79 of the CCA '74.

They say they have requested these docs from the original creditor and will be supplied as soon as poss.

They confirm that until these docs have been provided that the credit agreement has become unenforceable.

However, they say that this does not mean the debt can be written off.

 

Marlin then outline the Can and Cannot details:

i.e.: Marlin CAN

- ask me to pay what I owe (allegedly)

- send me a default notice

- pass info on to a credit reference agency

- pass info to a debt collector

- sell the debt to someone else

- take the case to court

 

and Marlin CANNOT:

- make me pay the debt before I am supposed to

- get a court judgment against me

- take back anything hired or bought on credit, or take anything used as security in the agreement

 

SO....

does this mean...

They can ask but can't enforce ?

Can take the case to court but can't get a judgment cos they can not prove the debt is mine ? So why take it to court ? What can the court do then ?

they can sell the alleged debt, but that person or company can't chase the debt either...

 

I am a little bit confused as to what this really means.

It kind of seems they are stuffed But then and again I am not sure....

 

Any feedback ???

[dx100uk]

simply put THEY KNOW THEY ARE STUFFED!!

 

if they have exceeded the 12+2 WORKING day limit

 

then fires off [if not already]

 

the failure to comply letter.

 

then all done.

 

dx

[slick132]

Hi Mum,

 

They can take you to court but, without a credit agreement, their case could be doomed to fail.

 

They can ask you to pay but you're not obliged to do so.

 

If they choose to sell the a/c on, the new owner will still be in the same position, being unable to enforce.

 

[HP Mum]

Thanks Dx

Is there a failure to comply letter template somewhere here ?

What exactly would a foc letter tell marlin ?

 

They are well beyond 12+2. But I kind of read those dates as irrelevant if they ended up producing original docs from egg anyway ?

Which I sincerely doubt they will. Given egg's circumstances.

I hope my situation gives hope to others now....

 

One other slightly worrying thing:

I have recently had correspondence from Barclaycard, My visa card has been suspended due to "my other account". I don't have another card with them. Am wondering if they mean egg card. Which I thought they had sold to Marlin and had nothing to do with anymore...

[HP Mum]

In essence - can I put this file to one side ??

[slick132]

Hi Mum,

 

BC will be aware of the ex-Egg a/c dispute because they took over all Egg a/c's so they'll be wary of you defaulting on the BC Visa card.

 

Probably little you can do about this suspension, I'm sorry to say.

 

This template may suit re the Marlin dispute - http://www.consumeractiongroup.co.uk/forum/content.php?415-POSSIBLE-Letter-when-a-questionable-agreement-application-is-sent

 

[dx100uk]

yep

 

send this one

 

then until they produce an enforceable cca

 

no cca = no pay

 

http://www.consumeractiongroup.co.uk/forum/content.php?436-Failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[BEC01]

Are we starting to get a feel for where these old Egg debts are?

 

Has the paperwork been destroyed?

 

Did Barclays and Egg's IT systems talk to each other?

If not, how accurate is the information that went to Barclays?

 

It would be safe to assume that accounts that were in good order would have transferred no problem, probably with a bit of assistance from the account holders, and are providing them with a return on investment.

 

Certainly the information presented to me has been inaccurate, and there is still no sign of a CCA.

 

I'm not going to get complacent with this, though.

[HP Mum]

Thank You guys.

Think that is just what the doctor ordered !!

[HP Mum]

BEC - I think the solution is to write to which ever dca has your account now. Get the paperwork moving and maybe force their hand - like I seem to have done. If people ignore the dca that seems to be where court action is taken

[BEC01]

I agree.

I think I just got off my backside in time.

 

If I hadn't replied I think I would have been a good candidate for a default judgement.

 

I wonder how many people just cough-up small amounts that they cannot afford (probably out of their food/heating budget) through sheer bullying.

 

People - like businesses - can become insolvent for any number of reasons.

Businesses can fold and re-emerge very easily (or even get bailed out by the taxpayer), but individuals who have fallen on hard times are being sentenced to year upon year of bullying and threats: having their lives destroyed by it.

 

It's wrong, and it is very easy to separate can't pay from won't pay, so there is no excuse for these terrible situations.

[HP Mum]

Hello ...Again

 

I just received A-N-Other letter from Marlin. Following on from post #87 !

Interestingly it is almost end September and it is dated early August !! So I am wondering if this is some kind of under-handed ploy. I don't think I am going to throw the envelope away in this instance... Just in case.

 

So... Simply the letter says:

 

Account Ref: xxxx

Creditor: Marlin etc

Original Acc #: xxxx Barclays Bank plc trading as Barclaycard

Agreement Date: XXX 2003

Account Type: Credit/Storecards

 

Statement of Account

Following is a statement of your account covering xx early Feb 2013-start Aug 2013

Opening Balance in Feb = £ xx

Closing Balance in Aug = £ xx

 

If you do not pay off the full amount outstanding, we will allocate your payment to the outstanding balance in a specific order, which is set out in the next paragraph of this statement.

The way in which payments are allocated can make a significant difference to the amount of interest you will pay until the balance is cleared completely.

 

Payments of less that the full amount will be allocated in the following order:

1) to pay any amounts of interest applied to your account,

2) to pay any costs and charges applied to your account, and

3) to pay the principal sum owed.

 

No interest is currently payable on the amount outstanding.

 

Dispute Resolution

If you have a problem with your agreement, please try to resolve it with us in the first instance.

If you are not happy with the way in which we handled your complaint or the result, you may be able to complain to the Financial Ombudsman Service.

If you do not take up your problem with us first you not be able to complain to the Ombudsman.

We can provide details of how to contact the Ombudsman.

If you would like to discuss this statement of your account please contact our agent, MFS etc etc

 

Please note that this is not a demand for immediate payment and the closing balance does not represent a settlement quotation.

Yours faithfully,

MCE Ltd.

 

So what is M playing at ? I can't figure it out.

Any thoughts

[slick132]

User ShinySprite had the same today - http://www.consumeractiongroup.co.uk/forum/showthread.php?383054-Marlin-very-old-Egg-credit-card-now-BC-2yrs-to-default-drop-off-starting-threat-o-grams&p=4350266&viewfull=1#post4350266

 

I can't see that any action is required.

 

[HP Mum]

OK - An update:

 

I just received a letter from the Compliance Dept at Marlin.

 

it is entitled Barclays t/a Barclaycard (originally Egg)

"I write further to the above matter. Please find enclosed a copy of your agreement and statement. I hope this is of assistance to you"

 

Marlin have attached a 14 page document - an Agreement but certainly not MY agreement as there is no signature or details relating this document to ME. Then there is 1 page of a different type face statement - just a few lines with my name and address and a balance....

 

Has anyone else received this ??