Marlin / Egg and Barclaycard - Help Please

[dooful]

Hi I could use some help please.I have recieved a letter from Marlin this week. It was asking for £1200 for a barclaycard account that had been passed to them. This confused me as my current barclaycard account has a balance of £606 and is being paid to them.On reading this thread it appears to be a very old Egg account which had a default registered in Nov 2006. this is not showing at all on my experian file but is there on my equifax one.Now does this mean that as the default was registered in 2006 this is now statute barred?Also what should i do from here? As i never had this account with barclays where do i stand?Sorry for waffling but im easily confused.Thanks

[DonkeyB]

Would be best to start your own thread, dooful. I’ll ask a mod to do this.

 

When did you last make a payment to, or acknowledge in writing, the Egg account?

[dooful]

hi donkeyB thanksI'm not sure, i had a dmp and i cant remember if it was included on that or not.I seem to remember paying egg and them not passing it on to the debt collection agent that they had sold the debt to (cant remember the exact details sorry).I did get a letter from a solicitor about 5 years ago regarding this debt and i disputed it as i had been paying egg direct.Hope this makes sense to you cos i'm not sure it does to me lol

[DonkeyB]

Clear as mud... I would suggest you call Egg or Barclaycard directly and ask when the last payment was made to the account. Don’t call Marlin.

[dooful]

thanks i'll do that

[ims21]

Hi dooful.

 

I have created a new thread for you.

[DonkeyB]

Thanks ims21.

[dooful]

ok heres an update.I sent a prove it letter to marlin. They never responded and yesterday i got a letter from their solicitors (the name escapes me) stating that they are taking me to court.Should i send a new prove it letter to the solicitors?Thanks

[spamheed]

ok heres an update.I sent a prove it letter to marlin. They never responded and yesterday i got a letter from their solicitors (the name escapes me) stating that they are taking me to court.Should i send a new prove it letter to the solicitors?Thanks

 

The debt may well not show on your credit file, but unless the last payment or acknowledgement was made at least six years ago then it may not be Statute Barred (you mentioned that it was included in a DMP) depending how long ago the DMP paid anything to Egg, that would greatly affect the SB status.

 

Egg debts were sold en masse to Barclaycard, they have since been assigned to Marlins who have started to send letters out.

 

I wouldn't bother with another "prove it" letter, instead, send Marlins a CCA request asap, ensure you include a £1 postal order made payable to Marlins Financial Services and send the letter Recorded.

 

The CCA request should suspend any further action by their "solicitors" - but don't be overly surprised if they make further overtures against you.....nasty beggars

[ncm-000]

I would be tempted to write back to the solicitors telling them that their case has more holes than Swiss Cheese and you look forward to beating the stuffing out of them in court.

I would also remind them that as a LiP I am entitled to reclaim costs and they will be substantial.

 

I would not tell them why I thought they would get a whipping, but I might tell them thay I am a practised LiP and will enjoy besting their Barrister.

[dooful]

thanks i'll do the cca request, what happens after that?Sorry i'm new to this and not sure what my rights are?Thanks

[ncm-000]

thanks i'll do the cca request, what happens after that?Sorry i'm new to this and not sure what my rights are?Thanks

 

It depends on what the CCA show up.

 

You will need to post up what you get back for the 'Big Guns' to give you sage advice.

[spamheed]

thanks i'll do the cca request, what happens after that?Sorry i'm new to this and not sure what my rights are?Thanks

 

I would suggest you take the time to read a few of the threads on here, try to gain something of an insight into what could, might, or may happen to your account.

 

There are no hard and fast rules when dealing with Debt Collectors as they take no heed of your circumstances and generally act out of greed, so if they see that you won't put up much of a fight they will act differently to that if they think you are more informed and will be more difficult to pursue.

 

The law states that upon receipt of a CCA request, all enforcement action must cease and the account cannot be sold or assigned until the CCA request is fulfilled, however we all know cases where they have continued to harrass people with such outstanding requests.

 

Not trying to scare you, but be aware that these "people" are not your friends and will not act in your interests, the bottom line is how much can they get you to pay.

 

Send the CCA and see what they come up with, read up and ask questions and post any replies on here with anything that can identify you removed

[dooful]

Thanks for all your help guys i'll keep you posted.

[DonkeyB]

I’m a bit puzzled as to why you sent the prove it letter? The advice, which you agreed to, was to contact the original lender (Barclaycard or Egg) to find out when the last payment was made. Did you do that? If so, what did they say?

 

You need to find this out to establish if it’s actually SB or not, as you are not very clear on whether this was included in your DMP, as spamheed points out. If it was, later payments would probably have been made. Who administered the DMP and what is its status?

 

Moreover, if a default from 2006 is still showing on your credit file, you should be kicking up an almighty fuss – it should have been removed in 2012!

 

But as spamheed and ncm have indicated, they do appear to have ignored your letter, which is not on. Did you send it recorded? If so, resend or email a copy and demand that it be acted on. But only do this if you had absolutely no previous correspondence about this particular account from Marlin. For example, did you ever receive an NoA from Barclays telling you they had acquired the Egg account, or an NoA from Marlin saying they had bought the account from Barclays?

 

The problem with sending a CCA request now is that it might be taken to indicate you know what the account is about, having already said you know nothing about it. That’s why I always advocate getting the facts together before you send a template letter.

 

That said, it’s perhaps best you do send a CCA request – it will put the brakes on. But do it TODAY! Recorded delivery, with the £1 fee, to Marlin. They cannot enforce through the courts while in default of a valid CCA request.

[ncm-000]

Moreover, if a default from 2006 is still showing on your credit file, you should be kicking up an almighty fuss – it should have been removed in 2012!

 

I seem to remember reading in other threads that courts will not generally entertain litigation for a debt that has a default date of more than 6 years ago.

 

Am I correct?

[DonkeyB]

Not sure about that.

 

You can only have one default recorded on an account. If you enter a payment agreement, you continue to acknowledge the debt but the default remains. The date a default is recorded with the CRAs never has anything to do with the SB date, or the cause of action, but is only indicative of when the account fell into trouble.

 

Could you find one of those threads, ncm? Would be an interesting read!

[ncm-000]

Could you find one of those threads, ncm? Would be an interesting read!

 

I will have a look but I have read literally thousands of posts in the last week or so.

One of the symptoms of being retired, penniless & bored

[dooful]

I’m a bit puzzled as to why you sent the prove it letter? The advice, which you agreed to, was to contact the original lender (Barclaycard or Egg) to find out when the last payment was made. Did you do that? If so, what did they say?

 

You need to find this out to establish if it’s actually SB or not, as you are not very clear on whether this was included in your DMP, as spamheed points out. If it was, later payments would probably have been made. Who administered the DMP and what is its status?

 

Moreover, if a default from 2006 is still showing on your credit file, you should be kicking up an almighty fuss – it should have been removed in 2012!

 

But as spamheed and ncm have indicated, they do appear to have ignored your letter, which is not on. Did you send it recorded? If so, resend or email a copy and demand that it be acted on. But only do this if you had absolutely no previous correspondence about this particular account from Marlin. For example, did you ever receive an NoA from Barclays telling you they had acquired the Egg account, or an NoA from Marlin saying they had bought the account from Barclays?

 

The problem with sending a CCA request now is that it might be taken to indicate you know what the account is about, having already said you know nothing about it. That’s why I always advocate getting the facts together before you send a template letter.

 

That said, it’s perhaps best you do send a CCA request – it will put the brakes on. But do it TODAY! Recorded delivery, with the £1 fee, to Marlin. They cannot enforce through the courts while in default of a valid CCA request.

 

I did call barclay card who have no knowledge of this account. They advised me to call Marlin which of course everyone else advises not to do.thats the only reason i sent a prove it letter. I am concerned about sending a cca as surely that is me acknowledging the debt?

[DonkeyB]

Suggest you call Barclaycard again. They are, essentially, telling you a fib and can’t be bothered. May need an SAR to them. Did you tell them it was probably an old Egg account? Remind them that they are, by law, obliged to keep accounts records for a minimum of six years after closure or disposal, so they MUST, by law, still actually retain a record. Tell them you will complain to the ICO and OFT if they are not forthcoming.

 

As Barclaycard say at present there was no account they know of, then the ‘prove it’ letter was actually the sensible next move, so follow the earlier suggestions and resend the letter.

 

Given the circumstances, I would send a CCA request as it prevents them from pursuing a claim (well, it doesn’t really, but it’s a total defence while they remain in default).

 

But please do keep us abreast of what is happening, otherwise our ability to help you properly is hindered. Also, please answer each and every question we ask – we’re here to help, and the detail is important.

 

In the meantime, can you tell us more about the DMP?

 

And did you receive any letters/assignments from Barclays or Marlin, ever? Any pre-action protocols, other than ‘we’re gonna sue you’?

[dooful]

The dmp was run for 2 years with cccs. I had an accident and was unable to work for 6months with no money coming in from anywhere (other than my husbands meagre salary) I called them and asked them to put it on hold.They were unable to do this so suspended the dmp altogether. most of the debts were paid off but the larger ones were still outstanding. I am currently paying off what i can afford each month. I am unable to find any paperwork relating to the dmp so its unclear if egg were paid off or not. I do know that there was a dsipute many years ago, regarding me paying egg whilst they had transferred the case to their debt collection agency. They did not tell me as all of my correspondence was sent to the old address despite me giving them my new one. The first I heard of it was when i recieved a court letter telling me of an impending judgement for non-payment. I did contact egg who confirmed that I had been paying them direct and that was the last i heard of it. i know i should have followed it up but as is was in a very bad place financially i dealt with it by the head in the sand method for which i am now paying dearly.With regards to letters from barclaycard the first i heard of it was when this letter from Marlin dropped through my door. I didn't even know that barclays had taken over old egg accounts until i saw it on this forum and the penny dropped.I did recieve a letter from marlin saying if i didn't pay within 7 days they would refer it to their solicitor and then take me to court which seems to be the route theya re taking.Thanks once again for all your help.

[DonkeyB]

So did Egg actually instigate legal action and take out a court claim? Or were they just threatening to do so?

 

It also sounds possible that correspondence may have been going to a previous address, although Marlin had no problem finding you.

 

While the CCA request will stall Marlin, I’m thinking an SAR to Egg and Barclays may be in order to try and find out exactly what has gone on.

 

First, though, I would suggest calls to Egg and Barclays (in that order) to try and get some basic ideas of the timeline and payments supposedly received. Record the calls if you can.

[dooful]

They instigated legal action but i never heard anything further.They had my correct address when they instigated legal action so if they have been sending correspondence to an old address surely this is their fault not mine?I'll try calls again thankyou for all your help.

[DonkeyB]

So the actually issued a claim form? When was this? No CCJ showing on your files? You may want to check with the Registry Trust that there is no CCJ logged at your current or old address.

 

http://www.trustonline.org.uk/

[dooful]

there is a ccj on my file but its for a lot less money and doesn't say where its from.