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


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RD best.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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  • 2 weeks later...

Got a letter from Clydesdale rejecting my PPI claim

- saying that "you accepted our final offer in compensation, therefore in agreeing to this you confirmed that no further compensation

would be sought under the above mentioned loan account".

 

This is in regards a complaint I made a few yeards ago when I was made to sign a new CCA to get the PPI payments removed

and the fact they defaulted this loan agreement also so in principle I was double defaulted on same loan,

 

it took almost 3 1/2 years to get his sorted and compensation was for that as far as I'm led to believe.

 

Have informed them of that and have requested a copy of the agreement to see if they have indeed worded it in a way that looks like I have agreed

not to pursue any other compensation in regards to this loan account.

 

Am a bit concerned I may have and the bank is now going to use this as a means of rejecting all my complaints in regards to this loan,

 

especially the fact they hand wrote my new loan account number on the CCA.

 

Would be annoyed if I have been lulled into something that I thought was only covering the double default/forced to sign new CCA.

 

Still no reply from Marlins yet in reply to my non complaince of providing a CCA though.

 

Made my payment to them but not sure if I should hold back on next months payment.

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if marlins have failed the CCA & you've sent the failure letter

 

you are under no legal obl tp pay them anything.

 

as for the refusal

 

refer them to the recent Judicial Review

 

whereby they should re-open old cases

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Evening, finally got a reply from Marlin about account in dispute, there reply is roughly as follows:

 

Still waiting on credit agreement from creditor...until provided it has become unenforceable but does not mean this has been written off.

According to OFT guidance on "unenforceable credit agreement" we cannot:

make you pay your debt

****get a court judgement against you******

take back anything hired etc

 

But we can:

ask you to pay what you owe

send a default notice (already been defaulted & removed)

pass info onto a CRA

pass information onto a debt collector (thought Marlin were a DCA)

sell the debt to someone else

take the case to court

 

And ends with all collection activity on your account is currently suspended until documents can be provided.

 

 

Thoughts and opinions please.

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ALL of which is correct|!!

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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without a CCA from you, I can:

 

  • Tell you to get stuffed
  • Pay you bugger all
  • ignore your threats until the debt becomes Statute Barred
  • Put my feet up and have a nice evening

Hope this helps

 

 

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If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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ALL of which is also correct:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I think that should read cannot take the case to court!!

 

see section of post 81# marked **** ******

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Cheers thought that, just seemed like a contradiction, will just sit and see what happens. As posted prevously this CA is the one they have scored out the account number and hand wrote the new one on it. Still waiting to hear from Clydesdale about that.

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Buy a hampster. You'll, no doubt, receive plenty of cage lining for a while yet. Keep listening to the guys, they'll keep you right. As for phone calls, just say "In writing please" and terminate the call. A recorded phone call can come back and bite you in the proverbial at some future point.

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  • 2 months later...

Hi Drakken, just wondered if you got any where with marlin?

Lloyds Credit card - £6K - PPI and interest refunded - £1200 remain F&F sent & accepted £360

Lloyds Overdraft - £620 - charges & interest refunded - £188.10 remain F&F sent & accepted £56

Black Horse loan - £10K - £2879 remain - F&F sent and rejected - CCA sent 3/6/13 deadline

Orange - £128 - £39 remain although CRA file states £11

Orange - £132 - £51.06 remain although CRA file states £45

 

Next stage F&F's to be sent - a step closer to being debt free

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Morning,

 

Not heard a peep since they couldn't provide a CCA.....

 

Thanks for your reply, I think I'll will try that. Cheers x

Lloyds Credit card - £6K - PPI and interest refunded - £1200 remain F&F sent & accepted £360

Lloyds Overdraft - £620 - charges & interest refunded - £188.10 remain F&F sent & accepted £56

Black Horse loan - £10K - £2879 remain - F&F sent and rejected - CCA sent 3/6/13 deadline

Orange - £128 - £39 remain although CRA file states £11

Orange - £132 - £51.06 remain although CRA file states £45

 

Next stage F&F's to be sent - a step closer to being debt free

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Like the

 

without a CCA from you, I can:

Tell you to get stuffed

Pay you bugger all

ignore your threats until the debt becomes statute barred

Put my feet up and have a nice evening

 

Spamhead, can I use this please don't want to infringe your copyright.

[sIGPIC][/sIGPIC]Happyhippy1959

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Like the

 

without a CCA from you, I can:

Tell you to get stuffed

Pay you bugger all

ignore your threats until the debt becomes statute barred

Put my feet up and have a nice evening

 

Spamhead, can I use this please don't want to infringe your copyright.

 

Feel free and with my pleasure

 

It's a simple premise really - Until they produce something enforceable, then obviously they can't enforce anything

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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if marlins have failed the CCA & you've sent the failure letter

 

you are under no legal obl tp pay them anything.

 

as for the refusal

 

refer them to the recent Judicial Review

 

whereby they should re-open old cases

 

dx

 

dx... could you point me in the right direction for this please? Thanks

 

Molly

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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