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

[dx100uk]

after 12+2 working days fire off the failure to comply letter

stop any payments

 

dx

[Shinysprite]

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

 

I doubt very much that anyone will be able to provide me with the required paperwork. But surely the 12 + 2 day rule must still apply to Marlin, otherwise, this could just go on forever and they can claim payment whenever they like?? The time limit is surely there for a reason?!

[Shinysprite]

after 12+2 working days fire off the failure to comply letter

stop any payments

 

dx

 

Thanks, dx. Am not making any payments so obviously won't start and will get the failure to comply letter ready as I'm already pretty much 100% certain that they won't receive a copy of my CCA from whomever they believe is responsible for providing it...

[slick132]

I doubt very much that anyone will be able to provide me with the required paperwork. But surely the 12 + 2 day rule must still apply to Marlin, otherwise, this could just go on forever and they can claim payment whenever they like?? The time limit is surely there for a reason?!

 

The time limit gives them a time by which to respond.

 

If they fail to comply, they must hold collection activity until they DO comply.

 

Sit back, relax and wait............

 

[fletch70]

Personally i wouldn't even waste a stamp on the failure to comply. Just make sure you keep records of cca and proof of delivery but i am sure you know that. Until they comply S77(6) comes into play.

 

It has been alleged that Marlin have sent claims and SDs to old addresses thus getting judgement by default.

[dx100uk]

for that very reason

its a very good idea to keep to the pre action protocols, send the failure to comply letter,

[fletch70]

I see your point DX but at this point i don't see anything pre action. It is sufficient under 87(6) that they haven't complied. However if Marlin behave like others i have dealt with they will either write often saying they are still looking or write and say they can't find it and as such will leave you alone.

 

I have long since moved from treating my debt management as a full time job to one where i send only essential letters by post. Saves me a fortune.

 

Of course for non essential letters email can be used.

[Shinysprite]

I will send a failure to comply when the requested CCA fails to turn up. On the letter I received yesterday, they state Barclaycard as the original creditor, which of course they are not (that would be Egg) and the account number bears no relation to my Egg account number so there are several issues with their pursuit of this debt. And the fact that I have proof that they know my current address, having written to me twice already, will just completely screw them if they go for judgement at my previous address.

 

Am fairly sure this one will just die a slow death but will certainly proceed by the book until it does...

[ajs444]

I have asked Marlin for similar information and am still waiting, my case is in the Egg forum.

 

Coincidentally, I have a Barclaycard just now which was converted from a Goldfish card and on asking Barclays about it, they openly admit that they do not have the agreement and would be unable to proceed through the legal system for repayment.

[spamheed]

I will send a failure to comply when the requested CCA fails to turn up. On the letter I received yesterday, they state Barclaycard as the original creditor, which of course they are not (that would be Egg) and the account number bears no relation to my Egg account number so there are several issues with their pursuit of this debt. And the fact that I have proof that they know my current address, having written to me twice already, will just completely screw them if they go for judgement at my previous address.

 

Am fairly sure this one will just die a slow death but will certainly proceed by the book until it does...

 

Looks like this is going to become a well worn path, same OC, same pattern and pretty much the same DCA activity, only difference is I sent a prove it letter as Egg et al are already in default of a CCA request from 2007

[catquest]

I doubt very much that anyone will be able to provide me with the required paperwork. But surely the 12 + 2 day rule must still apply to Marlin, otherwise, this could just go on forever and they can claim payment whenever they like?? The time limit is surely there for a reason?!

They CAN still claim, please read McGuffick . All they can't do is enforce by way of judgment

[wazir]

Barclaycard have presumably sold a whole lot of alleged debts to them - although my letter only says it as been 'passed' to them.They're fishing. Were on C4 dispatches in 2011 - http://www.debtwizard.com/news/consumer-issues/293-marlin-financial-services-dispatches-tv

[fletch70]

They can fulfil the s78 request at ANY time. Up until that point they can chase ask etc but not get a judgement (as long as you defend)

There is no penalty on them for not keeping to the 12+2 working days.

[Shinysprite]

They can fulfil the s78 request at ANY time. Up until that point they can chase ask etc but not get a judgement (as long as you defend)

There is no penalty on them for not keeping to the 12+2 working days.

 

Ah - OK. Well, if they go for judgement without fulfilling the s78 request, I will certainly defend - Moorcroft tried this with me four years ago, and the judgement was (and still is) stayed as they failed to comply with a single request for documentation. If (by some miracle) Marlin do manage to comply before the default drops off my CRA file, I will enter negotiations, but unless/until that happens, I will ignore any demands that come from them.

[fletch70]

Just because it drops off your credit file doesn't mean they can not go to court if they produce the agreement. It would need to be statute barred for that. That is 6 years with no payments OR acknowledgement of the debt.

[Shinysprite]

Just because it drops off your credit file doesn't mean they can not go to court if they produce the agreement. It would need to be statute barred for that. That is 6 years with no payments OR acknowledgement of the debt.

 

 

Understood - but this will be more or less the same time as the default was registered. Last payment made was April 2009, default was registered in June of that year. As mentioned in my original post in this thread, back then, when they were chasing and ultimately defaulted the account, I CCA'd the DCA handling it at that time, with a view to arranging a payment plan/settlement and got absolutely no response and there's been zero activity (i.e., payment/acknowledgement/chasing) from that time until the NOA from BC and then contact from Marlin a couple of weeks ago. So effectively (as I understand it), as long as there is no acknowledgement/payment before then, this will become SB in April 2015. As I say, if an enforceable CCA is produced before then, I will enter negotiations, but feel that the chances of this are slim and will just sit tight in the meantime...

[fletch70]

Sorry i get lost in the details of each post.

[rudy691]

subbing to this, as my HSBC credit card has been passed to them too now. nothing was heard from HSBC for more than a year since last DCA tried their luck, but now Marlin is up.

[fletch70]

Assuming that you have already sent a CCA request i if it was ue tell marlin. If you haven't sent one send one now.

[rudy691]

Assuming that you have already sent a CCA request i if it was ue tell marlin. If you haven't sent one send one now.

 

I am sending the 'bemused' letter, as I am in this process since 2009 now

 

you can have a look at my thread if you like:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?211037-HSBC-Credit-Card

[slick132]

Thanks for the link Rudy - your case can be followed and discussed there.

 

[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...

 

Just a quick update - checked my CRA files on Sunday and this is still showing with Barclaycard as the owner, NOT Marlin, with status 'Settled'. Am still waiting for CCA, the days are ticking down - but they have at least left me alone in the meantime...

[slick132]

Noted - continue to wait for the CCA response.

 

You need do no more for now.

 

[Shinysprite]

Quick update - no sign of CCA and the 12+2 deadline has elapsed, so Failure To Comply letter going off today or tomorrow - watch this space...

[Optimiser]

Hi,

 

Watching this thread and similar ones with interest and I appear to be in the same position as a few other CAGers having received the same Thretters! Just sent the "no nothing of this debt" letter and will wait to see what happens next. I assume a CCA will be the next course of action?

 

Interesting to note that they (well on my letters) have cited the original creditor as Barclaycard Bank PLC T/a BCLYCARD......now I never had a BCLYCARD in my wallet!

 

Thanks