Mortimer/MCE - claimform very old Direct Car Finance - ***Time Order***

[amac31]

Hi, I have been on this site for a number of years but this is my first post so here goes:

 

In November 2000 my wife took out car finance with Credit Acceptance Corporation via Direct Car Finance

but in 2001 she had to leave work due to complications in her first pregnancy.

 

A default notice was issued and we were passed to a number of DCA's until it was finally passed to Marlin.

 

Our financial situation worsened and we ended up with numerous creditors to which we paid a nominal sum to with advice from the Consumer Credit Counselling Service.

 

As things got worse for use we got to a point where our Mortgage arrears were critical

and I had to go to court to prevent out house being repossessed,

and a suspended repossession order was granted and is still in place.

 

We then took advice from National Debt Line who advised us to only pay essential debts as we had no spare money for non essential debts.

 

We stopped paying non essential debts in July last year and have had a few threatening letters from various DCA's until

 

today when Marlin escalated their attempts by sending Marston's to our house on a doorstep visit.

 

We were not in at the time so they left a letter saying that they would return in a few days to discuss our account and payment proposals.

 

I must point out at this point that this account has never been to court and there are no CCJ's for it,

nor has marlin reported to the credit reference agencies for this account .

 

In fact this account does not show on our file at all as it was from so long ago.

 

Our worries are as follows :

 

1. Can this account still go to court and a CCJ obtained?

2. What powers if any do Marston's have as regards to entering the property and obtaining goods?

3. What can I do to stop any of the above action? Can I politely ask the to leave and/or contact police?

 

I am not too worried about a CCJ or even a charging order because with the mortgage arrears and arrears on a secured loan our property is in about 20k's worth of negative equity.

 

I just cannot be done with doorstep collectors as my mother passed away 3 weeks ago so I am not in the right frame of mind at the moment.

 

Sorry for the long post and any advice will be greatly received.

 

I must also point out that the original agreement was taken out in my wife's maiden name as at that time we were not married

and all correspondence is arriving in here maiden name although they have spelled it incorrectly

so am I right in telling DCA's when asked that there is no one here of that name?

Edited June 17, 2013 by citizenB
missed information

[citizenB]

Do you know if there are any charges applied

 

Was there any Payment Protection Insurance applied to the account.

 

Marstons are acting as Debt Collectors in this instance I would think and NOT as bailiffs - unless the owner of the debt has taken court action and they have won, and you then fail to pay the judgment debt, then I don't think they do have the power to enter your property unless you invite them in. Which of course you would be foolish to do.

 

I don't know if this is a Hire Purchase agreement but if so, have you paid more than a 1/3rd off the debt ?

 

I will try and find someone with more knowledge to advise you.

[amac31]

Thanks for your quick reply, I have a copy of the original agreement, it is made up of:

£400 deposit

£260 warranty premium

£125.00 GAP

No PPI

But intreastingly they have used the £400 deposit to pay off these insurances leaving only a £15 payment off the balance.

cost of car is £28600

less £15.00 down payment, amount financed £2845.0 plus finance charge of £2041.01 ( 42.6% APR ) plus £100 Admin fee.

Total amount payable £5001.01

I do not have a record of payments made to Credit Acceptance but I have a statement from marlin with opening balance ( payable to them ) £ 3405.94 closing balance £2155.94

I know payments were made to other CCA's and a few more to Marlin after this statement but this is the only one I can find so I guess quite a few charges have been added over the years.

[citizenB]

You need to obtain statements from inception. You might have to send a Subject Access Request to the original Creditor to get these.

[amac31]

After further digging I can confirm that I had not paid more than a 3rd of the agreement at the time of default, only consequent payments to DCA's at a later date

has brought the balance down to what it is now. Are Credit acceptance still in business to send a SAR ?

[citizenB]

Hmm, I don't know. Was that the original creditor ?

 

Have sent S.O.S to those who have more knowledge, I am sure they will be able to advise further.

[amac31]

Ok Thanks, look forward to more advice.

[dx100uk]

send an sar to DCF.

 

if this is not on your CRA files

 

and ALL old addresses and names show in the listing

then its been defaulted more than 6yrs ago and has gone.

 

WHEN was the last payment made?

 

IGNORE the doorsteppers, they are NOT BAILIFFS

and have NO SUCH legal powers.

marston also have a DCA wing, so that'll be the answer I bet.

 

I bet the debt is statute barred now anyhow.

[postggj]

Deposit added to the insurance crap,same old con i believe, they were all in that commission game back then

 

Was marlin not an off shoot of Godebt who these accounts were offloaded onto??

 

look up s.61 CCA 1974

 

Wilson v FCT also covered this until S127 (3) was abolished

 

CAN YOU POST UP THE AGREEMENT

 

 

 

This is an easy one to challenge

Edited June 17, 2013 by postggj

[amac31]

Please see attached agreement with all sensitive data erased and I can confirm that the last payment to Marlin was in June 2012. PPI was not taken out at the time but we were told that

GAP and warranty payments were not optional.

[dx100uk]

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

*********************************************************

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try www.pdfescape.com TO BLANK STUFF,

*************************************************************

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAG in the title

i'e Default notice dd-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

[amac31]

Here is the agreement in PDF form

[dx100uk]

oh dear

gap

admin fee

warranty

 

all reclaimable too

 

they prob owe you

 

dx

[postggj]

Totally unenforceable

 

And i thought some welcome agreements were bad

[amac31]

I appreciate all of your responses in this matter but how do I now progress and what about Marston's returning in a few days?

[postggj]

Why are marstons returning, they have no authority, this matter of marstons needs clearing up

 

YOU NEED TO PHONE MARSTONS ON THE LETTER AND ASK IN WHAT CAPACITY THEY ARE CALLING IN RELATION TO THIS DEBT.

 

I think they may be exceeding their authority

[ploddertom]

I can't help you with other issues but do know about Marstons.

 

They will be acting purely as Debt Collectors and have no powers at all,

no power of entry,

no power of removal of goods.

 

If they do call then thank them for coming and close the door.

 

I don't doubt any letters they have sent will have Bailiffs & High Court Enforcement Officers on them.

 

In this case they are mis-represnting themselves.

[amac31]

I think Marston's have been sent by Marlin to do a home visit to assess my financial situation and intentions to pay. Marlin did advise of a visit.

[postggj]

you need to send the home visit template to marlin and Marstons, this is direct harassment and needs to be stamped out

 

With reference to Marstons/Marlin sending a debt collector to my home address, I would advise you that OFT rules and regulations clearly state that you can only visit me at my home if you make an appointment and I can advise you now that I have no wish to make such an appointment either now or at any time in the future. Further, there is an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore, take note that I revoke license under Common Law for you, or your representatives, to visit me at my property. If you send any more"doorstep collectors" to my home you will be reported for harassment and be liable for damages for a tort of trespass. You would also be liable for conspiring in a tort of trespass by acting in defiance of my instructions and sending someone to visit me nevertheless. Should it prove necessary, THE POLICE WILL BE CALLED

 

SEND TO MARSTONS AND MARLIN BY RECORDED DELIVERY

 

KEEP COPIES BY YOUR DOOR IF THEY BECOME NECESSARY AS WELL

[amac31]

Ok thanks for your swift reply and I will do this later today.

[postggj]

keep your thread updated

[amac31]

ok will do,

 

but with regards to the agreement being unenforceable

 

how do I initiate this or do I have to wait longer?

 

Can Marlin start reporting on our credit file and go for a CCJ ?

[postggj]

I think the agreement might be statute barred

 

When was the last time any payment was made towards this account

[amac31]

The last payment was paid to Marlin in June 2012

[postggj]

Bang goes that one

 

Next plan of attack will be a formal letter to marlin putting the agreement into dispute as to their complaints procedure. I may have one of my old letters some ware, ill see if i can dig it out

 

I think credit acceptance may have ceased trading in the UK and gone back to America

 

I will do some digging