Marlin

[tedney]

I suppose my first action should be a prove it letter

Yes good plan, just that, no further info for them at this stage. JMHO. Good Luck t.

[spamheed]

Yes good plan, just that, no further info for them at this stage. JMHO. Good Luck t.

 

I SAR'd Egg a few years back and got a complete print out of the Egg account history, in it, it clearly records my CCA request and states equally as clearly that they couldn't find one, this not only places the account in dispute prior to even the transfer to BC, let alone the latest assignment to Marlins

 

but it does show how far Marlins are going to get with this if even the OC Egg couldn't produce anything.

[tedney]

but it does show how far Marlins are going to get with this if even the OC Egg couldn't produce anything.

:lol:

[fredsdebt]

I have no intention of allowing these parasites to obtain judgement against me, however OFT are neither use nor ornament when it comes to Debt Collection.

 

At the moment they haven't actually done anything other than buy a load of accounts, as far as they are concerned they are acting in good faith.

 

Once they have been informed that they have bought a pup, depending on their actions from that point onwards, this will dictate my own actions

 

Yes, I agree hold fire. I am in the same situation. I plan to wait to see something more than computer generated standard letters. I dont want to open up any dialogue with these guys as I belive its all phishing at the moment to see who is going to reply to us so we can hassle them.

[HP Mum]

I suspect that Marlin have all the personal details of cardholders who also banked with Barclays.

[HP Mum]

Also - a few years ago I had a situation with Halifax. Out of the blue H sent a N1CPC Claim form. I asked for help on here. Very simply, the letter sent to me should have had attached all the documents regarding the alleged card - in the Particulars of Claim Section - and it did not. I did not deny the debt, I just replied with special template letter - a CPR 31.14 letter. This legal letter asked them to provide every detail of the original cc. In this instance Halifax could not for some reason find all the relevent paperwork. And within 6 weeks they replied that they were not - after all - continuing with pursuing my alleged debt.

I suspect - that if any of us do get N1CPC court papers - and we do reply with the CPR template letter - that Marlin will respond in similar fashion as H did a few years ago.

It will be interesting to see how Marlin approach any future claims.....

[spamheed]

I suspect that Marlin have all the personal details of cardholders who also banked with Barclays.

 

Of this, have no doubt, anyone who banks with Barclays and has a debt with Barclaycard would be wise to sort themselves a new account at their soonest opportunity, and the same with any other bank, as many others have found before, they will clear any balance to offset a defaulted balance without a moments second thought.

[spamheed]

Also - a few years ago I had a situation with Halifax. Out of the blue H sent a N1CPC Claim form. I asked for help on here. Very simply, the letter sent to me should have had attached all the documents regarding the alleged card - in the Particulars of Claim Section - and it did not. I did not deny the debt, I just replied with special template letter - a CPR 31.14 letter. This legal letter asked them to provide every detail of the original cc. In this instance Halifax could not for some reason find all the relevent paperwork. And within 6 weeks they replied that they were not - after all - continuing with pursuing my alleged debt.

I suspect - that if any of us do get N1CPC court papers - and we do reply with the CPR template letter - that Marlin will respond in similar fashion as H did a few years ago.

It will be interesting to see how Marlin approach any future claims.....

 

Making them prove their case and provide a clear papertrail for the account is an absolute must - from the creation of the account (the agreement) to the moment the DCA sent the claim form, is imperative, if you want to stand a chance of winning in court, the CPR rules are an excellent tool in the forming of any defence

 

without this papertrail they are in deep doo doo

Edited February 25, 2013 by spamheed

[fletch70]

I would send a prove it letter,i am betting the reference number is just marlins ref. If they have sold the account nothing can be offset now as Barclays have no interest in the account.

[spamheed]

I would send a prove it letter,i am betting the reference number is just marlins ref. If they have sold the account nothing can be offset now as Barclays have no interest in the account.

I don't bank with Barclays so nothing could ever have been offset. Edited February 25, 2013 by spamheed

[spamheed]

The letter received today goes as follows:

 

Dear Sir/Madam So a std Template letter then, not even Dear Mr Spamheed

 

The debt has been passed to us to recover and we need to speak with you to arrange a suitable repayment plan.

 

Please contact us in the next 5 days to arrange a repayment plan to settle the outstanding debt. Please telephone us on 0333 123 9999.

Our office opening hours are Monday to Friday 8:00am to 8:00pm and Saturday 9:00am to 1:00pm.

 

Alternatively, please complete and return the statement of means form which can be found on the reverse of this letter,

detailing your income and expenditure along with your proposed offer of repayment.

 

Yours faithfully

Marlin Financial Services

 

I would say that it was just a tad on the optimistic side, bordering on presumptuous

[fletch70]

I don't bank with Barclays so nothing could ever have been offset.

 

I was just confused by what someone else has said. Have you had the NOA,? told you i get confused.

 

I think a bugger off or prove it is in order. Then when they do prove it it would be a sorry but this account is in dispute since x did not reply to my cca request. That should kill at least a couple of months.

[spamheed]

I was just confused by what someone else has said. Have you had the NOA,? told you i get confused.

 

I think a bugger off or prove it is in order. Then when they do prove it it would be a sorry but this account is in dispute since x did not reply to my cca request. That should kill at least a couple of months.

 

Got a NOA from B/C to this shower, but since I've never had an agreement of any kind with B/C it really has little value, and since no transactions have been made against the non existent B/C account, how can they substantiate the balance from B/C???

 

and bugger me if I've had nothing from the OC since sending the CCA request 5+ years ago, certainly nothing to resolve the dispute

[phatram]

I would send the prove it letter, as the account numbers are different and in my case, the only account i've ever had with Barclays has been written off as it is stat barred.

Don't ignore Marlin, that's what they want you to do, so they can issue a Claim, hoping you ignore that as well.

You must report Marlin to the OFT if they step out of line, the OFT were very interested in Marlin after the despatches documentary.

 

 

Link to prove it letter please?

[zydeco]

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

[mooshy]

Hi,I've started a thread in Egg very similar. I THINK my account is SB this month . had an EGG credit card years ago and had some problems and struggled to pay. Heard nothing from them for literally years. can't remember ever having a notice that my account was Aiken over by Barclays but can't be sure . Then out of nowhere I've had contact recently from Marlin and I'm not entirely sure what to do except that i can't ignore it .

I need a way of ensuring I don't risk a ccj while I bide enough time to obtain SAR and check when last payment was made and if. Paid PPI which I'm almost certain I did .

I remember asking them to pls stop taking it out as it was causing me to go over my limit and I couldn't afford it !

Will watch this thread with interest.

I'd do you a link to mine but don know how sorry .

[spamheed]

http://www.consumeractiongroup.co.uk/forum/showthread.php?309871-I-owe-Egg-5-000-but-not-heard-anything-from-them-since-may-2009-Whats-going-on&p=4173165#post4173165

[spamheed]

Hi,I've started a thread in Egg very similar. I THINK my account is SB this month . had an EGG credit card years ago and had some problems and struggled to pay. Heard nothing from them for literally years. can't remember ever having a notice that my account was Aiken over by Barclays but can't be sure . Then out of nowhere I've had contact recently from Marlin and I'm not entirely sure what to do except that i can't ignore it .

I need a way of ensuring I don't risk a ccj while I bide enough time to obtain SAR and check when last payment was made and if. Paid PPI which I'm almost certain I did .

I remember asking them to pls stop taking it out as it was causing me to go over my limit and I couldn't afford it !

Will watch this thread with interest.

I'd do you a link to mine but don know how sorry .

 

I would send them some sort of prove it letter, since I assume Marlins are attempting to pursue a BarclayCard account, which you have allegedly never had,

[phatram]

Mrs P was paying her Eggcard account as she should when they closed it. How can they sell/pass on an account they wrongly closed?

[BRIGADIER2JCS]

They can sell an account at any time but often card providers will be rid of account where the min payment only is being made.

[phatram]

The account was one of the 160000 unlawfully closed by Egg five years ago. My wife was paying it as usual and paying more than the minimum payment.

[panther12]

Looks like I’m not alone. I’ve been helping a friend for a few years sort out their debts. One of the debts did the rounds with Egg and the account got passed to various other chancers then went quiet for a couple of years. Have now received a letter from Marlin saying that they’ve not received a reply to previous correspondence (Not received any previous correspondence from them). They quote a reference number that we don’t recognise and Barclays as the original creditor (Never had account with Barclays).

 

I was tempted to ignore but have read that Marlins do actively seek CCJ’s so thought I’d sent them an email just to get the ball rolling should they decide to try it on later down the line.

 

Have informed them of no knowledge of any outstanding debt to their company or the original creditor quoted in their letter – also their ref number bears no relation to any financial institute to which we have ever had dealings with, therefore will not be providing any personal information to an unknown party that could be used for fraudulent purposes.

[phatram]

Looks like I’m not alone. I’ve been helping a friend for a few years sort out their debts. One of the debts did the rounds with Egg and the account got passed to various other chancers then went quiet for a couple of years. Have now received a letter from Marlin saying that they’ve not received a reply to previous correspondence (Not received any previous correspondence from them). They quote a reference number that we don’t recognise and Barclays as the original creditor (Never had account with Barclays).

 

I was tempted to ignore but have read that Marlins do actively seek CCJ’s so thought I’d sent them an email just to get the ball rolling should they decide to try it on later down the line.

 

Have informed them of no knowledge of any outstanding debt to their company or the original creditor quoted in their letter – also their ref number bears no relation to any financial institute to which we have ever had dealings with, therefore will not be providing any personal information to an unknown party that could be used for fraudulent purposes.

 

 

 

Would you be so kind as to post a copy of your email for other people to peruse, maybe give ideas?

[spamheed]

In my opinion, the first action in the case of an alleged account, whether under dispute/default or not, transferred through Barclaycard, then onto Marlins should always be a simple "Prove it" letter, the same as you would for any other unknown company suddenly making such a demand.

 

I can honestly say that I have never opened, owned, or used an account with Barclays or Barclaycard, they will not be able to produce anything signed by me to say that I have. Even if they do state it is linked to some long forgotten legitimate account, they would have to produce Notice of Assignments from the OC and Barclaycard, as well as the original signed agreement and a full range of statements, otherwise there is no way of verifying their claim of ownership and the amount they are claiming is owed.

 

The fact that Barclaycard or whoever and then Marlins have subsequently applied their own account details to the account will only muddy the waters further if and when it comes to court. especially if they bring the claim against one of these "made up" account numbers

[panther12]

Would you be so kind as to post a copy of your email for other people to peruse, maybe give ideas?

 

We sent something along the lines of:

------------------------------------

I am in receipt of your recent correspondence dated xxx and received by me xxx. Although your letter states “further to our previous correspondence…”, I can inform you that your letter dated xxx is the first and only communication that I have received from your company.

 

I further inform you that I have no such knowledge of any outstanding debt to you or the original creditor stated in your letter, also the reference number quoted bears no relation to any financial institute to which I have had dealings with, either past or present.

 

As such, I will not be providing any personal information to an unknown party that may be used for fraudulent purposes and trust this clarifies my position.

--------------------------------------------

 

I would also advise to keep an eye on your credit file as you’ll probably find that Barclays have marked the default as satisfied and closed the account but make sure that if Marlin add themselves as the new creditor that they don’t invent a new default date.