Help PLEASE!

[tallydiablo]

Hi guys,

ok this is a weird one, I have just received a letter,one from barclaycard and with it one from marlin group,saying my debt of £5.5k is now payable to marlin, I don't remember the card at all so I looked on my credit history,it says it was taken out in July 1995,and everything was ok (green boxes) until July 2007,then in August 2007 and onwards it gets a 'U' (not updated) up to feb 2010 when it ends, I am not sure where I stand legally,I don't remember anything about the card so not sure if it's statue barred,BUT it is NOT counted as 'bad credit'. I am wondering if someone is trying it on? They have rung my mobile,something barclaycard wouldn't have as I have had 2 numbers since then! I have not answered the call.

Any help with how to proceed would be very welcome.

cheers

Andy

[unclebulgaria67]

Suggest that you send Barclaycard and Marlin a prove it type letter, saying that you do not have any knowledge of any card with Barclaycard. Send the letter to them with copies of the letters received.

 

Amend this library letter to suit.

 

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

 

Normally I would advise to send the letter to the DCA only, but in this case you are saying that you have no knowledge of this card, so Barclaycard should also be sent a letter. Perhaps the card was from a different company, but Barclaycard took it over ?

[biffa1965]

Furthermore , and trust me I am not trying to upset you further, but Barclays could not have sent your alleged debt to th worst DCA in the country. Once MARLIN are involved they never let go..sorry to say..youl be in for along slog with them especially if the debt has ben assigned to them.

[renegadeimp]

Marlins is barclays.

[tallydiablo]

Many thanks.. I was trying not to contact them as it's very close to statue barred,according to credit score july 2007 was last payment at least last activity on account,will me contacting them stop me claiming statue barred??

I have heard nothing from braclaycard about this debt, it's not shown as 'bad credit' just as not updated,I don't know what's going on

Edited February 19, 2013 by tallydiablo

[DonkeyB]

Marlins is barclays.

 

Eh?

[DonkeyB]

Marlin is, of course, a debt buyer rather than a run-of-the-mill DCA.

 

Barclays sold on accounts from the likes of acquired brands like Goldfish and Morgan Stanley as well as their own. So could this have been an account of yours?

 

If it could be your account, I suggest you call Barclaycard and ask them when the last payment was on the account. They won’t mind telling you as long as you pass security, as they no longer own the account, but they do hold your data. Ask if a default is recorded on the account at all with the CRAs. Ask also when/if the account was defaulted, and when and to whom it was sold on. Also find out if a default notice was sent to you, and when.

 

The lack of info on the credit file doesn’t really help if it has not been properly updated. If there is a default, it could have been at any time prior to August 2007, or after – that is, of course, if it turns out to be your account.

 

Suggest you send nothing till you’ve done this. If you draw a blank, follow Uncle B’s excellent advice and send the ‘Manuel’ letter (“I know naaathing, Meester Fawlty”). But no need to send to Barclaycard as they have washed their hands of it – if it’s ID theft or fraud, that is for Marlin to deal with now.

[DonkeyB]

Also, the fact that Barclaycard did not have your number suggests there may be a ‘mistrace’ by Marlin, ie. you have the same name as the person who owes the money.

 

Who is marking your credit file – Barclaycard or Marlin?

 

Does the letter from ‘Barclaycard’ (written & sent by marlin anyway) state when the account was assigned? Tell us all you can.

[renegadeimp]

Sorry DB. I meant to say that Marlins may as well be Barclays, they seem to be buying all of their bad debts lately

[DonkeyB]

Sorry DB. I meant to say that Marlins may as well be Barclays, they seem to be buying all of their bad debts lately

 

They all smell the same

[tallydiablo]

[ATTACH=CONFIG]41804[/ATTACH][ATTACH=CONFIG]41805[/ATTACH]

[renegadeimp]

You need to host the images on an external site or convert them to PDF's.

[tallydiablo]

These are the letters I have received I did according to my credit report have a barclaycard BUT last 4 digits were 8000 NOT 8002 ???

[DonkeyB]

But DID you have a Barclaycard? Is it your account? Is there only one digit difference?

[tallydiablo]

[ATTACH=CONFIG]41806[/ATTACH][ATTACH=CONFIG]41807[/ATTACH]

[tallydiablo]

well I MUST have had as it's on my credit history?? Yes one digit different as far as I know as credit report only shows last 4 digits

[DonkeyB]

Surely you know if you had the account or not!

 

So when was the alleged account opened?

 

Suggest you look at previous advice and get info from Barclaycard. It is, in my opinion, a bit unfair to wait five years with no contact, then sell it on. About as fair as you ignoring them for another five years...

[renegadeimp]

It's probably almost SB or is SB. As DonkeyB said, you need to get the full info. SAR barclaycard. It costs £10 but will get you the info you need.

[tallydiablo]

Honestly? I had a LOT of bad debt,I heard nothing from barclaycard for years,to the extent i didn't remember the card,apparently taken out in July 1995 !

[renegadeimp]

Well, you need to SAR barclaycard for all info they have, and send a CCA request to the DCA. This should give you breathing room, and if it was taken out back in july 1995, then they would need a copy of the original agreement (which they are unlikely to have) and the debt could possibly be unenforceable.

 

When was the last time you made payment to the debt, or acknowledged it in writing? If you are unsure, then you need to get the SAR and CCA request off. Going by your rough info, it looks to be very close to being Statute barred.

[DonkeyB]

Barclaycard recoveries 0844 556 0066.

 

Will take you five minutes to get the info you need.