Mariln/M&S/credit file

[sillygirl1234]

Hi Ive recieved a letter from the lovely Marlin

saying they now own a old debt of mine from M&S that I defaulted on in 1998

( taken out m & s card in 1994 can u believe)

and Its deffo statute barred.

 

It says in letter that they will notify credit ref agencys of this debt untill its paid

but it would have already had six years on my file from 1998 when I defaulted.

 

Can they do this? I thought it was only allowed to be on your file once?

 

Thanks

[spamheed]

If the original default has fallen off your credit file then they cannot create a new one, they would only be able to amend the original default to reflect the change in ownership etc, but since this has now gone, there really isn't a lot they can do with regard to the CRAs, time to complain methinks

[sillygirl1234]

OK thanks who do I complain to and what should I send Marlin?

[BRIGADIER2JCS]

Hi, for clarification Statute barred = 6 years no payment (to any one) regarding the debt and no written acknowledgment made.

 

So send the following to the Compliance Manager Marlin.

 

Ref: Use theirs.

 

Dear Sir/Madam,

 

I am in receipt of your letter dated xx xx xxxx regardding an alleged debt relating to an M&S account, please note I do not acknowledge any debt to Marlin or any company it may claim to reperesent.

 

Having reviewed my credit history I have concluded that any such alleged debt is statute barred, therefore I will not make any payment now or in the future.

 

I would remind Marlin that if it should dispute the status of the alleged debt the onus of proving unequivocally that the alleged debt is not statute barred falls entirely on Marl.

 

Marlin will now cease to process all data relating to me and remove it from its records.

 

I am fully aware of the OFT Guidance on Debt Collection and the sections regarding the pursuit of statute barred debt.

 

This is my final response.

[sillygirl1234]

Thanks for that, thats brill. I ll get that off to them now, should I do recorded delivery so they cant say they didnt get it?

 

Thanks

[BRIGADIER2JCS]

Yes definely RD.

[sillygirl1234]

Hi response to letter to marlin says they have checked with M&S and last payment was made in 2009 so they say its not SB and basically what do i intend to do about it.

 

I need to dig out all bank statements and check this but im sure it was not 2009.......

[anon55]

I expect better brains than me will be along soon, But the onus is on Marlin to prove this 'PAYMENT' was made at that time, or send them a letter along the lines of ' you say a payment was made on this account in 2009, Please send me the following , If by BACS the account and name of the originating bank, the date, if by Credit/Debit card the 16 digit number from the card , if by cheque the name of the issuing bank, the date drawn and the date the funds cleared, A CASH PAYMENT IS UNACCEPTABLE hope this helps but as I say someone a little cleverer will be along and give you advice

[sillygirl1234]

Well I ve checked my only bank account statements and, as I suspected, no payment made on the date they specify in letter......so how do I respond to this please.....

[martin g]

Hello,

 

I would write back and refer them to section 2 of the 2006 Fraud Act as below.

 

I spoke to the police at Worthing after my run in with them and the CID down there are fully aware of the way they run their business. The police and Sussex County Council have had lots of complaints but getting a conviction requires a lot of proof and man hours.

 

I would also send a complain to the OFT, the more people who complain about Marlin the more likely they are to be sanctioned, or, hopefully, have their consumer credit license revoked.

 

 

2Fraud by false representation

 

 

(1)A person is in breach of this section if he

 

(a)dishonestly makes a false representation, and

 

(b)intends, by making the representation

 

(i)to make a gain for himself or another, or

 

(ii)to cause loss to another or to expose another to a risk of loss.

 

(2)A representation is false if

 

(a)it is untrue or misleading, and

 

(b)the person making it knows that it is, or might be, untrue or misleading.

 

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of

 

(a)the person making the representation, or

 

(b)any other person.

 

(4)A representation may be express or implied.

 

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

 

Martin g

[BRIGADIER2JCS]

If payment was no through your bank, you need to ask for unequivocal proof of:

1. The method of payment : Third Party Cheque, Postal Order, Cash via payment slip etc.

2. Name of the person making payment.

3. Any identifying account numbers used

4. If a third party cheque was used, name of drawer, the bank on which the cheque was drawn, the sort code and the account number.

 

State that '' a cash paymnent without identifying who made iit and by what method is not aqcceptable of proof that any such payment was made.

[BRIGADIER2JCS]

Hello,

 

I would write back and refer them to section 2 of the 2006 Fraud Act as below.

 

I spoke to the police at Worthing after my run in with them and the CID down there are fully aware of the way they run their business. The police and Sussex County Council have had lots of complaints but getting a conviction requires a lot of proof and man hours.

 

You WILL need to have proof of any such wrong doing befoer complaining.

I would also send a complain to the OFT, the more people who complain about Marlin the more likely they are to be sanctioned, or, hopefully, have their consumer credit license revoked.

 

 

2Fraud by false representation

 

 

(1)A person is in breach of this section if he

 

(a)dishonestly makes a false representation, and

 

(b)intends, by making the representation

 

(i)to make a gain for himself or another, or

 

(ii)to cause loss to another or to expose another to a risk of loss.

 

(2)A representation is false if

 

(a)it is untrue or misleading, and

 

(b)the person making it knows that it is, or might be, untrue or misleading.

 

(3)“Representation” means any representation as to fact or law, including a representation as to the state of mind of

 

(a)the person making the representation, or

 

(b)any other person.

 

(4)A representation may be express or implied.

 

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).

 

Martin g

 

You will need to be sure of your facts before making allegations of fraud.

[renegadeimp]

Agree wih brig here. Follow brigs advice and demand full proof of the payment. Chances are theyll say something like postal order or theyll say its an admin error.

[BRIGADIER2JCS]

If the payment is £1.00 or £10.00 then there is always s suspicion that this could be a misappropriated statutory fee with the DCA/Creditor stating that they have never received such a request.

[sillygirl1234]

Hi and thank for your replies.

 

I am trying to find out when I DID last make a payment, because I was paying Rockwell DCA £5 per month. So need bank statements from further back. I did send CCA request but it was NOT 2009, it was well before then.

 

Will post back after I have found statements.

 

Thanks again

[BRIGADIER2JCS]

Ok!

[sillygirl1234]

Right, I knew I kept everything.

 

Last payment made was to rockwell on 3rd november 2008. (so not SB as I first thought)

 

Sent cca request on 23rd november 2007 (still have post office reciept for letter) and they (m and s) sent my a copy of my application form dated november 1994.........

 

After rockwell it was passed onto fenton cooper whom I wrote to telling them to bog off basically and I actually have a letter from Fentons saying we can confirm we are taking no further action in this matter and our files are now closed.

 

After that it was passed to collect direct uk but i ignored them and nothing untill now with marlin.....

[BRIGADIER2JCS]

M&S accounts did have ''dual purpose'' app/agreement forms.

Fenton Cooper tend to pass files back if they see a case as not easy.

Marlin are certainly more persistent, may be worth a £1 for a cca request

to Marlin.

[sillygirl1234]

well marlin saying that the last payment was made october 2009 is a lie, and, if they had the account info they would see this.

 

Is it worth telling marlin that ive checked bank statements and no such payment was made on that date and basically "prove it"?

[renegadeimp]

If youve been paying rockwell then theres a high chance you were cash cowed.

[BRIGADIER2JCS]

well marlin saying that the last payment was made october 2009 is a lie, and, if they had the account info they would see this.

 

Is it worth telling marlin that ive checked bank statements and no such payment was made on that date and basically "prove it"?

 

Yes that would be a good move, require/demand unequivocal proof of payment, payment method etc.

[sillygirl1234]

Thanks, what does "cash cowed" mean?

[renegadeimp]

You know when a cow gives milk for very little effort or reason? And the farmer can grab the cow at any time and it will produce milk on demand? Youre doing the same but with money.