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Dear Sirs,

YOUR REF

I acknowledge no debt to your company

You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that I have no knowledge of any such debt being owed to Marlin.

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

I am familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it is unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable and in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

I look forward to your reply.

Yours faithfully

Edited by phatram
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So we have a first response from Marlin; as follows:

 

Dear Mr Spamheed

Outstanding Bal:£XXXXXXX

Creditor: Marlin

Original Creditor Barclays Bank plc t/a Barclaycard

Original Reference XXXXXXXXXXXXXXXX

 

We write further to your recent letter requesting information relating to the above account.

 

We confirm the debt relates to a Barclaycard (Originally Egg Card) which was opened on XX/XX/XXX under the number XXXXXXXXXXXXXXXX

the account was subsequently terminated on XX/XX/XXXX the account was reassigned to Barclaycard in XX/XX/XXXX and given a new number of XXXXXXXXXXXXXX

 

Please find enclosed an Income and Expenditure form for you to complete and return to our office within 10 days from the date of this letter along with your payment proposals to clear the outstanding balance.

Please also provide us with proof of any benefits you are currently receiving to enable us to assess your financial circumstances.

 

If you wish to discuss the matter further, please contact one of our Account Managers on telephone number 0333 123 9999. Our office opening hours are 8:00am to 8:00pm Monday to Friday and Saturday 9:00am to 1:00pm

 

yours sincerely

 

squiggle

 

no name

Marlin Financial Services

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So we have Egg who were never able to produce a CCA of any kind (and I have a screenshot of their internal systems to prove the request was made and that they were unable to find the agreement) so although the account was placed in dispute, token payments were made to a DCA, stopped paying altogether at the back end of 2007.

 

the account was allegedly sold to Barclaycard in 2011 and given an entirely new number, it is this account which Marlins seem intent on enforcing, even though there is no actual Egg agreement to underpin any such sale or transfer and of course the selling on of an account in dispute.

 

Do I advise them of the dispute, or save it for later and just keep on demanding the paperwork, or do I just CCA them?

 

Opinions please

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no doubt we'll be getting similar letter soon. We did all the CCA & sar a few years ago with egg. Think I'd ignore them for time-being & if they start becoming a problem fire off a CCA request as I doubt barclays will have anything & I hear egg have been busy with the shredder so may not even have what they previously provided.

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Are they fraudulently demanding money if they dont have the correct paperwork?

 

With the exception of those companies who add unlawfully to the debt, they have mostly bought the debt "in good faith" so no real fraud there, even though they may have only paid tiny % for the account.

 

However they seem to have their roles and responsibilities mixed up, it is for them to prove that you owe the money and that they have a right to collect, not as they claim, for you to prove that you don't owe.

 

If there is a fraud, I have long stated that it is in the whole delivery of the NOA process, the LOP states that either assignor, or assignee can provide an NOA to the debtor, however, there is no law or statute that allows for one company to use the letterhead and credentials of another company with the intent of convincing the debtor that they have received communications from the OC when they are not.

 

In fact there are laws which forbid it, I have asked many times for evidence of the authority they rely on to do this.....I have never received a reply, nor such evidence from either the DCA, nor the bank concerned.

 

I believe that companies house have expressed an interest in this practice, but to date have taken no action.....I wonder why.....The whole system is rotten to the core

Edited by spamheed

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Ah this explains my letter and million phonecalls.

Received a letter from Barclaycard notifying of transfer and Marlin saying hello. Had forgotten egg sold to them a few years back.

Something I have noticed is that they ring from mobile numbers and different mobile numbers everytime. Ive picked up 3 times now but just had some fun and told them what to do with their mobile numbers and point blank accused them of being [problematic].

Interestingly this is the egg account I won a claim for charges on a few years back and never received a penny.

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There is also no law saying the creditor cannot authorise the assignee to send the NOA using their headers.

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Yes, marlin have also turned up re a Marks & Spencer preference account - have sent them the in dispute letter - don't expect to hear from them again, but we'll see !

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I don't think they will give up after a simple prove it letter, they will possibly respond as per post #53, offering a guided tour through the account history whilst not supplying any information to actually prove anything, I would think a CCA will be the undoing of them because they will more than likely send a copy of B/C T&C rather than those for the actual OC agreement

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There is also no law saying the creditor cannot authorise the assignee to send the NOA using their headers.

 

I have always thought that the whole NOA fraudulent letter thing will come crashing down as a result of this,

 

when questioned, so called "legitimate" financial institutions say it's ok for such a practice to continue, but will never put it in writing, it is clearly against the law according to Companies House, yet no one has ever been taken to task over it....

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Dont want to poop on any party but more as a warning really.

 

I suspect you are going to get a recon CCA coming back. It will have full T&C's from inception and also present ones. They are Egg T&C's.

 

We got one from a long standing CCA request come out of the blue just before this Marlin assignment.

 

But here is the rub the recon is described as a true copy. Much much worse its a good copy and is on the face of it very very enforceable. Originally it did look like a true copy of the original.

 

We have one and one issue alone with it to prove its a recon but one that is not a true copy of the original agreement. They rectify that and we have a fully enforceable Egg CCA with full T&C's.

 

Many people on here are going to have a nasty shock and dust off better arguments than outstanding CCA requests, prove its and the fact Egg couldnt find anything a couple of years back.

 

A recon fulfils the CCA request. The account comes out of dispute. Already Barclays are showing who how and why these Marlin accounts belong. CCA requests are going out from clients now. This is from other forums and clients who know a thing or two about CCA's. The prove its are good. They are worried.

 

Just need recons coming back and all of a sudden alot of disputes are going to be in trouble.

 

Like I said alot of what I am reading is delay only. I dont want Marlin to win far from it. But they aint Egg and by being lulled by inaction from Egg and Barclays many will lose as these guys will litigate if they get a sniff of wonga.

 

If your dispute was an outstanding CCA request I would be concerned now as they can and probably will be rectifying it.

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We shall see,

 

If Egg don't have the agreement and never have had the agreement and have documented as much and then Egg having terminated the agreement, then Barclaycard having reassigned the account and issued a new account number.....? Allegedly!!!

 

then Marlin would be producing a copy or recon of what exactly? would take more than a recon and a bunch of T&C to breath life into this corpse

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How can it be legal to falsify documents ?

 

Technically, they aren't falsifying documents, they are allowed to serve the NOA as per the LOP, it's the use of the OC's letterhead that's the main issue, sending a letter that is designed to look like it was sent by a third party is simple fraud, but they get away with it because the banks say that they allow it (but never put it in writing)

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I can recall a couple of years a go pgotographs of a large open plan office at one of the largest DCAs showing various sections of desks with notices above with the names of other DCAs AND Banks etc, so may be there are ''employees'' or appointees working within major DCAs and sendind out NOAs to debtors???

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  • 2 weeks later...

So CCA request has gone off and their reply came back very quickly, they don't have the docs but will get the online application from the OC, they don't state which OC they are contacting ...we shall see what they come up with

 

I thought I would Revisit the SAR obtained a few years back and sure enough it threw up a twist or two which would make the production of anything by way of a copy of an original agreement all but impossible.

 

Would love to see what they are going to base their inevitable recon on :???:

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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oh dear, I have an old egg card which was sold to Barclays, they have sent a letter saying they cannot find agreement and yes they can't enforce etc etc, scanned it and kept it safe. Now they have put three DCA's on the case, each time I just send a copy of the letter to them and whoff off like a ferret up a down spout.

 

So now I can expect Marlins by the sound of it, these bad assess need watching, I have dealings with these clowns over an overdraft, hard core idiots and quick to put you in court, though they have never tried it with me. I have £375 of unfair charges and I keep insisting I owe only £430 instead of the £805, guess what, they keep offering discounts of £375, leaving a total of £430 I say I will except your offer of £375 discount from the £430 I owe, so how do you want the £55 haaaa

 

WATCH THESE CLOWNS THEY ARE QUICK OFF THE MARK TO THE COURTS AND HAVE APPEARED ON A CHANNEL FOUR DOCUMENTARY

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Yeah, so I have heard, I have no experience of them myself, but as I said, the SAR produced a couple of twists that should stop them dead in their tracks

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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