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HSBC OD DEBT Marlin got Marstions to doorstep me now Cabot/Restons

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I have just got a letter from marston they apparently hand delivered it.

So they came to my house .

 

but i have NEVER received any court papers from any court.

 

The debt is from marlin financial and originally from HSBC many years ago.

 

What should I do?

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I have just got a letter from marston they apparently hand delivered it. So they came to my house . but i have NEVER received any court papers from any court. The debt is from marlin financial and originally from HSBC many years ago. What should I do?

 

 

Hi Creole,

 

I have started a new thread for you.

 

Regards.

 

Scott.


 
 

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Many thanks for starting this.

 

Just to add some more info.

 

I have been recieving lots of threatogram letters from Marlin Financial Services for the past year, but have ignored them as this debt is old.

 

The last letter I received states that they will refer my account to a licenced field agent who will visit my home.

I have NOT received any court papers to say they have taken me to court.

 

I have been reading the advice given on the other thread and if I were to fill in form N244 or something like that,

I have no information of the court to put in the form.

 

I will be sending an SAR request in the morning to both Marlin and marston and find out if Marlin have the legal right to collect this debt.

 

Any advice please??

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Lots of info needed!

 

How old is the HSBC debt?

How much for (ish)?

What is the debt for?

When did you last communicate with HSBC about the debt?

Have you ever communicated with Marlin?

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When was that last letter from Marlin?

 

Can you scan the Marstons letter - removing any identifying info?

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The debt is over 10 years old, BUT I stopped paying about a year ago after getting into difficulties

The debt is £1233

An unpaid overdraft

I can't remember when I last communicated with HSBC, but a long time ago. They sold it to Metropolitan, who I was paying £5 a month

 

I have NEVER communicated with Marlin, I've kept most of their letters, but NEVER got any court papers.

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Last letter from Marlin 2nd November 2012, I believe. Will try and scan letter

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I can't scan, but this is what it says:

 

 

MY name and address

 

 

Marston Group, an appoved Enforcement Agency has been instructed by Marlin Financial Services to meet with you to discuss the current arrears on your account.

 

Marlin Financial Services has attempted to contact you, but you have failed to make contact and put forward reasonable repayment proposals to address your account.

 

If our client does not hear from you I will visit you again within the next few days. The purpose of the visit will be to discuss your account and your payment proposals.

 

TO AVOID THIS ACTION IT IS ESSENTIAL THAT YOU CONTACT OUR CLIENT IMMENTELY ON RECEIPT OF THIS LETTER.

 

Please call Marlin Financial Services immendiately on 03331239999 to discuss your account.

 

The letter was NOT signed.

 

Just Marston Gropu LTD Field Agent.

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Sounds like Marstons operating as Debt Collectors - if so no need to worry unduly. To be on the safe side have you checked to make sure they do not have a CCJ against you?


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I'm not at all sure they've taken you to court. Certainly that sounds like doorstep debt collection and not enforcement.

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The mighty ploddertom pipped me!

 

Marstons don't mention debt collection much on their website. Do they have history of this kinda thing?

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Do they have history of this kinda thing?

 

I think they dabble rather than mainline.


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they prefer to use a misleading letter heading and make the debtor believe they are acting under their top hat of HCEO when often is the case they are wearing a cloth cap of the lowley debt collector.

 

Wd

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Thanks, I was thinking that as well. I will check my credit in the morning - which I highly doubt. But can they really do this?

 

I will be sending the letters in the morning.

 

My question is, do I put my address on the letter requesting the debt agreement?

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Providing you are sure there is no CCJ then ask to be moved to the Debt Collection Forum for further advice on what to do. If you do have a CCJ then shout loud here and we'll try to help.


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Just checked my credit report and no CCJs as suspected, infact a very good credit report. I know what to do...

 

Thanks all for the great help

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The experts have arrived.......all is well!!!

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Hi,

 

I need some advice on a letter I've drafted for the Marston Group who visited my house yesterday.

 

I initially posted it on the baillifs area, but was advice to post here

 

 

 

I want to send Marston this letter, what do you think please?

 

Dear Sir or Madam,

 

Account Ref xxxx

 

I have noted your attempt of an unlawful visit to my home. Please be advised I will only communicate with you or your agents in writing. This visit has been duly logged by time and date.

 

Should it be your intention to re-arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make such an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v Sheppard & Short Ltd [1959] 2 QB 384. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and, if you do so, you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Your faithfully

I will not be signing it.

 

Also, I will be sending MArlin a CCA request.

 

Grateful for any advice, thanks

Edited by ims21
Link to old thread removed as not now needed

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Two threads merged and post#18 edited to remove what is now a redundant link.


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its getting near xmas, the baiiff trade must be poor

 

s o the poor buggers must try and suppliment their failing bailff trade by trying to spoof people

into paying debts they do not ever owe by cleverly intimating they are bailiffs on a civil debt.

 

dx


..

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Just recieved a letter today from MArlin after I sent them a CCA request, they've said the debt is not from a credit card and is not regulated under The Consumer Credit Act 1974.

 

Is that right?

 

What do I do now?

 

BTW, MArston turned up at my house and my hubby told them to leave...

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Sorry, I missed out the bit that its from an overdraft

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then no CCA correct .

 

your old man did correct with the marston in their DCA shoes.

 

no powers at all!!

 

dx


..

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Just recieved a letter today from MArlin after I sent them a CCA request, they've said the debt is not from a credit card and is not regulated under The Consumer Credit Act 1974.

 

Is that right?

 

 

Half right. the overdraft would be regulated under the 74 act, although some parts don't apply. I read somewhere that there are problems for them if they don't reply to that effect if you CCA them - along the lines that all of the 74 act applies if they don't reply correctly. Possibly interesting times ahead ...

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