Marlin - very old Egg credit card now BC, 2yrs to default drop off - starting threat-o-grams

[Shinysprite]

Hi all,

 

Has been a very long time since I've been around here, as, thankfully,

I've managed to pay off most of my debt,

get my credit record pretty much clear and stay that way

- thanks in no small part to the generous help and advice received here!

So, apologies if this is the wrong place to post this,

but I'm hoping someone can help me with something that's come up recently.

 

The reason I say I've cleared most of my debt is that there is one thing outstanding which hasn't been a problem for a long time but has now raised its ugly head again.

 

A major change in my personal circumstances in 2001 meant that I ended up with huge debt which I spent years paying off,

entering into various agreements with creditors throughout 2002-4.

 

One of the accounts was an Egg card, which I managed to keep on top of, but during a period of unemployment in 2009, I fell behind with the payments.

 

They defaulted the account (the outstanding debt is just over £5000), either shortly before or shortly after Egg was sold to Citibank

and passed it to a DCA - so long ago I can't even remember which one but I think it was either Moorcroft or Cohen.

 

The DCA in question wrote to me, asking for payment, I CCA'd them and didn't hear a dickie bird from them after that

(some time during the summer of 2009) - absolutely no contact whatsoever relating to this account for getting on for four years.

I thought it unlikely that I'd hear any more about it, but was prepared to deal with it if/when something new did happen, which it now has.

 

Egg was sold to Barclaycard a while back (can't remember when - some time in 2011, I think?),

and last week, I received a letter from Barclaycard stating that they had handed my account over to Marlin Financial Services

and that I should contact Marlin within five days to settle the debt/arrange terms.

 

Yesterday, Marlin left a voicemail on my mobile, the usual DCA vagueness: call Marlin on this number, no explanation of who they were or why I should call them.

 

The account is showing as a default on my credit report, but only with Equifax, my Experian report is clean

- despite this, though, my credit score is 'good' with both Equifax and Experian as I've managed to stay out of financial hot water for the past five years

or so and all other defaults, settled or otherwise, came off my reports during 2009 and 2010.

 

My question now is this:

I am assuming that Marlin will continue to contact me, so should I begin the whole CCA process with them,

or just ignore them, given that the account is already defaulted and I'm assuming they can't default the same account twice

(so I have nothing to fear from them in terms of default threats, and they can't legally start adding charges)?

 

I know they could threaten me with a CCJ (which is obviously the last thing I want),

but clearly that will only hold water if they follow the proper channels and comply with my (and the court's) requests for information,

and for my part I want to be sure I've done everything I should have done, if it does come to that further down the line.

 

I've been through the whole process of CCA requests and threatened CCJs before so I know what to do,

and if they are able to provide me with a properly executed CCA (which I imagine is unlikely, especially afer all this time),

I will be more than willing to negotiate settlement with them

 

- however I'm wondering if it's worth even entering into negotiations with them,

since it's been so long since there was any action taken on this account, and the default will come off my credit reports in just over two years' time.

 

My major concern at this point is avoiding a CCJ although, as I say,

I suspect it won't come to that, as the chances of them having my CCA are slim to none.

 

I would very much appreciate any advice forthcoming from people who know more about these things than I do!

 

I've benefitted greatly from advice received from members of these forums in the past, for which I am very grateful

- it's because of such lovely and knowledgeable people that I now know how to handle these bullying DCAs,

and no longer fear them or their threats!

 

Thanks! SS xx

[dx100uk]

hi ya

 

i've moved you to the BC forum

 

there are lots of like threads here to read

 

you need to be slightly careful ofmarlin

 

but if they dont OWN the debt

[check that cra file]

then they cant do anything yet.

 

when was YOUR last payment?

 

dx

[Shinysprite]

Thanks, dx. Can't remember exactly when my last payment was, but can find out. Would probably have been early 2009. Am pretty sure that on my CRA file, Marlin don't own the debt...

[renegadeimp]

Treat it as you did before. Barclaycard have handed over pretty much ever egg debt to them.

 

I had 2 egg cards years ago, Both statute barred and 100% unenforceable. That didnt stop the muppets from harassing me late last year though.

 

My advice would, as dx said, to be careful how you deal with them. In that respect, play everything by the book. You say its not SB'd yet. If you make payment or acknowledge the debt, you will restart the 6 year timer.

 

My advice now would be to send a CCA request and see what comes back. Lets see if they can rustle up the correct paperwork so we know if the debt is enforceable or not.

[slick132]

Hi Shinysprite,

 

Ignore Marlin's calls completely and, if you happen to answer a call from them, tell them to put anything they have to say in writing as you won't discuss anything by phone. Then hang up.

 

I assume Marlin will have a current address for you. If not, you should supply it as it's better to keep a close eye on all that they're up to.

 

When they write to you, reply with a CCA request and see how they respond.

 

[Shinysprite]

Looks like my last payment on this account was April 2009. I've just checked my Equifax file and there was an alert on it, a change made on 16/2/13 - the alert being that the account went from status 'defaulted' to status 'settled' on 16/2/13, but according to my actual credit report, the account is still owned by Barclaycard and is still in default. Is this an indication that because Barclaycard have sold it, Marlin will re-default it?! Can they do that? Am confused and a little concerned...

[dx100uk]

means marlin have brought the debt

 

becareful.

 

they can't redefault a defaulted debt, only update it

 

doesn't change the default date.

 

dx

[Shinysprite]

Thanks for the advice, all! This is pretty much what I thought would be the best course of action. The last thing I want is for them to think I acknowledge the debt and kick the 6-year timer off again so I will sit tight for as long as possible. I never pick up the phone to calls from unfamiliar numbers so they'll always get my voicemail, whether they're trying my mobile or landline - so it'll be pretty easy for me to ignore them! They do have my current address, so I will keep an eye on the postbox and send a CCA request by return when they finally do get bored of leaving me voicemails and decide to write to me instead...!

[Shinysprite]

They CAN redefault a defaulted debt?!

 

As I say, I will await a letter from them and reply with CCA request and see what they can provide me with. Very little, I would think.

[dx100uk]

sri fingers

they can't!

 

and you cant ack a debt by answering or by telling them its yours on the phone either

 

you need to be a wee bit careful as marlin do go for CCJ's at old addresses.

 

 

 

dx

[Shinysprite]

Thanks, dx. Will definitely tread carefully here and do everything by the book. CCA request first, then let's see where that takes us. For some reason, this default ISN'T on my Experian file - can Marlin lodge it there now?

 

SS.

[dx100uk]

the three cras should be the same!

 

but this does happen

only some companies use 'their' corp favourite!

 

dx

[catquest]

First the Barclays will show as settled, then at some stage the Marlin entry will appear ( probably )

On Equifax the old Egg account now says Canada Square Operations, on Experian it's still Egg

[Shinysprite]

Well, the anticipated demand letter from Marlin has arrived, so the process starts now - CCA request off to them tomorrow. Watch this space...

[HP Mum]

Can I ask where to find the cca template letter please ? I changed computer and can't find the template now. Thanks. Looks like I am following your steps Shinysprite...

[slick132]

Click on the Library link at the top of every forum page. Then look for Can't find the letter you want-Look here

 

http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

[fishman123]

Why are people saying be careful when dealing with Marlin?

[dx100uk]

whre does it say that?

 

 

dx

[havinastella]

I think it's good advice to be careful dealing with ANY DCA.

[fishman123]

hi ya

 

i've moved you to the BC forum

 

there are lots of like threads here to read

 

you need to be slightly careful ofmarlin

 

but if they dont OWN the debt

[check that cra file]

then they cant do anything yet.

 

when was YOUR last payment?

 

dx

 

Just here, post number 2

[slick132]

In terms of dealing with Marlin, we've only recently seen them taking on these ex-Egg, BC accounts.

 

So we haven't had time to gauge their methods yet, nor have we seen how far they're prepared to go in pursuit of payments.

 

However, considering the number of a/c's they've taken over, I think we'll find out pretty soon.

 

[fishman123]

Well I have just received the same letter for an old egg card from Marlin, last one of my old debts left which is why I asked.

 

Egg cancelled my card in their purge 5 years ago, CCA request went this morning, I will let you know the reply.

 

Interesting tactic of theirs though, send a letter that takes a week to arrive giving you 5 days to reply, a deliberate ploy? If they have so many old egg /bc accounts I wonder when they will get round to answering my letter?

[slick132]

Hi Fishman,

 

When you get a reply from them, please use one of your old threads or start a new one here in the BC forum to update us on your case.

 

 

[Shinysprite]

OK - time for an update already as Marlin have actually broken a record for speed of response to my CCA request, as follows (I received this letter yesterday):

 

"Dear

 

We write with reference to your letter dated 25th February 2013 [even though my letter was actually dated 26th February, but let's not let the facts get in the way, eh?!] and your request for further information and documentation.

 

We confirm that as we do not hold all of your information on file we have requested a statement of account and a copy of the agreement from the original creditor and we will forward to you upon receipt.

 

If you wish to discuss the matter further, please contact one of our Account Managers, etc., etc..."

 

So, what now? I guess this is just a stalling tactic and the 12+2 days are still ticking down? Is it best to just sit tight and see what else drops through my letterbox, or reply to this stating that they are the creditor and as such it is their responsbility to provide me with the CCA? It strikes me as rather stupid of them to own up to not having "all of my information on file" (for which, I am assuming ANY of my information!)...

 

Any advice gratefully appreciated, as ever!

SS x

Edited March 3, 2013 by Shinysprite

[catquest]

There's no point in writing further. Most debt purchasers don't have the original documentation ready. The 12 + 2 days is neither here nor there nowadays. But it will be very interesting to see if Barclays were ever given the docs from Egg, or whether they in turn have to go back to Egg , or rather, Canada Square Operations