Full and Final Settlement - Debt was to Clydesdale bank who sold it to Marlin.

[drakken]

Afternoon,

 

I was wondering if you would advise approaching the DCA I have been making payments to for the last 4 years and offering them a F&F settlement.

 

They bought my debt 4 years ago and have been making payments monthly ever since. Debt was roughly 9500 originally and is now roughly 5200.

 

Due to my credit rating improving finally, I have a credit card with decent interest which would allow me to offer £1600 as a final payment - what's the chances they would accept a payment like that?

 

Don't want to offer without advice in case they see it as an opportunity to try to increase my monthly payments.

 

Also doing a repayment scheme to a bank, balance in that is down to 1500 or something, would they accept a payment of £650 possibly, these 2 payments would max the card out but would also involve smaller monthly payments/not having to deal with them any longer. I know I'd be paying interest again but would have peace of mind also.

 

Any advice would be appreciated and taken on board.

[dx100uk]

before yo ever F&F you need to check there is no reclaiming to do

 

what were the org debts and who owns the debts now

 

and have you checked your cra file?

 

i'm scared you have blindly been paying this dca without checking FIRST

 

they are legally allowed to accept payments from you.

 

tell us about the debts

 

dx

[drakken]

Hi

 

What do you mean by checking my CRA, my credit file? Do that fairly often as I had defaults against my name which finally have now all been taken off.

 

Debt was to Clydesdale bank who sold it to Marlin.

 

Tried reclaiming PPI back, but since I had made a claim on it I was told in no uncertain terms I had no chance, even though I paid thousands more than I claimed and was told I had to take the PPI to get the loan in the first place. Gave up on that.

Edited December 21, 2012 by drakken

[intend]

If PPI was mis-sold then it was mis-sold and you should recliam.

[dx100uk]

makes no odds you've 'used' the PPI

 

get reclaim

 

what is the org debt and does it still show on your CRA file?

 

WHY are you paying a DCA and not the OC?

 

dx

[drakken]

No it no longer shows on my CRA.

Bank sold it to DCA.

Defaulted on loan when I was made unemployed - was making monthly payments as agreed but they sold it on anyway.

[dx100uk]

have you ever CCa'd Marlin?

 

how did they get you to pay them?

 

you fell for a threat-o-gram?

 

dx

[drakken]

I got a letter saying they had taken over the debt which Clydesdale confirmed

- they also put a default against me also which after fighting with Clydesdale I managed to get removed as it was a double default notice,

managed to get some compensation also from them as it was an error on their side.

 

What you mean by cca'd Marlin?

[dx100uk]

taken over the debt or sold?

 

was this a credit card?

 

if so you need to fire off a CCA request to marlins

 

if they dont hold a copy of your agreement.

 

then the cannot accept/demand money from you.

 

dx

[BRIGADIER2JCS]

Have you asked Marlin to supply a copy of the credit agreement, CCA Request, Statutory fee £1 they have 12 + 2 Working days to comply,use the template from the CAG library, address it to the Compliance Manager.

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/content.php?590-Creditors-and-DCAs-Letter-Templates-Budget-Planner

 

letter N here

 

dx

[drakken]

Was a loan I had....

Am sure they "bought" the debt from the Clydesdale - fact they were able to put a default notice against my name on this loan.

[dx100uk]

then you need to CCA marlins

 

dx

[2Grumpy]

Marlins have been busy buying debts - they got a big loan from RBoS who got a big loan from ... us

[intend]

grumpy - guess the op could always pay himself and tell Marlins they have cut out the middle man. LOL

 

On a serious side defo needs to cca Marlins if they now "own" the debt.

 

Intend

[drakken]

Ok will CCA Marlins, just received a budget form from them to fill in, must be that time of the year again, just increased my payment by £10 so not going to bother filling that in.

 

Clydesdale was happy with my repayment plan so am guessing Marlins should be as well.

 

Is it worth while trying a final attempt at reclaiming my PPI, looked at the letter but I don't have half the info it looks for, account number or sales person.

 

I also got a letter from Marlins recently saying that they were passing my account to Nolans solicitors as I had not made an acceptable repayment plan

and where going to raise a sequestration proceeding at my local sheriff court and publish it in the edinburgh gazette etc.

It mentioned it would provide documentary evidence of the debt etc.

 

To say I wet myself was an understatement,

 

reason for starting this post to see if they would accept a F&F,

as i don't want this type of threat hanging over my head,

 

I get too stressed.

 

I did contact Marlins and

 

after the initial person I called said they could not discuss this as it has been passed to the solicitors

and calling Nolans to be told the person I need to speak to was in a meeting, ie they were heading for lunch,

 

I called Marlin back and spoke to someone else who did look at my account and said it was a mistake as I had been making payments and would recall my file from the solicitors.

Edited December 29, 2012 by drakken

[dx100uk]

drakken

 

never ever phone a fleecing dca or their fake/tame solicitors!!

 

that letter was a threat-o-gram

 

read it properly

 

it does not say WILL anywhere!!

 

get that CCA done.

 

dx

[drakken]

Thanks for the reply, it does mention "will" in numerous parts;

 

"You will be served with a statutory demand by sheriff officers" etc, may be a threat o gram but it worked

 

Am also going to try one final time with Clydesdale bank (heard they are tough to deal with allegedly) regarding a PPI claim, if successful would use to make a F&F to Marlins should they show they are owed the debt.

[dx100uk]

can yu scan up the letter please:

 

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[drakken]

Hope thats legible

Edited December 29, 2012 by drakken

[dx100uk]

ok look seriously

 

you say you have / had PPI

 

whats the score with this?

how much was your PPI reclaim?

 

how much is the debt

 

have you all the statements.

 

dx

[drakken]

With a letter that looks that serious, am guessing the CCA will be a waste of time as that looks like they have all the necessary paperwork if they were going that far.

 

No, in the past I've just contacted them via email saying I've been missold PPI - am guessing to do it right I'll have to request a SAR? Loan originally was for 15000, paid it for 6 years or so when I got into difficulty, PPI was added as a lump sum at the beginning. Break down was roughly, 160 interest, 90 PPI per month.

[dx100uk]

no cca will beat the deadline

 

so for 4 yrs you've been blindly paying marlins

on an old Cydesdale bank loan

that you have no paperwork at all on?

debt was £4k now is +£5k

not on CRA file now

dx

[dx100uk]

how do you know the PPI was £90PCM.

 

when did you take out this loan?

 

dx

[drakken]

I can remember the break down roughly, person at bank showed me the breakdown if I recall correctly.

 

Loan was for 15,000

- after paying for 6 years and losing my job i asked for the PPI to be taken off my payments to make it more affordable,

 

by this time I had defaulted on the loan and was making smaller payments.

 

They said I had to sign a new agreement for that to happen,

I refused saying they didn't have to do a new agreement

- finally I signed an agreement believing it to be the same agreement, amount was reduced to £9000,

 

turns out it wasn't but have fought the CB for a couple of years as Marlins defaulted me on the new agreement so I had defaults on same loan.

 

Finally CB admitted it was a clerical error etc, got Marlin to remove the default and compensated me for the hassle.

 

Marlin bought this loan (£9000 or so) I've repaid just over £4000, so still owe £5000.

 

Wouldn't call it an old loan

I have made payments originally to Clydesdale then to Marlins, without a break.

 

Isn't a loan that I've not made any payments to that Marlin suddenly picked up.

 

No I don't have any paperwork,

it may be some where but have never came across it.

 

Yes I've been blindly paying, thought I had no other option,

 

is the fact I got that letter (in error now) but has seriously concerned me to the degree I'd rather get rid of Marlin totally

even if it means maxing out my credit card to offer them a F&F.

 

Don't like the fact they can take me to court just like that.