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

[dx100uk]

was there a period of 6yrs before marlin go ahold of you

 

something smells here

 

dx

[postggj]

was there a period of 6yrs before marlin go ahold of you

 

something smells here

 

dx

 

Good Point

[amac31]

Thanks for all of the replies

 

but can anyone clarify if Marlin are able to start marking our credit reports for this debt,

 

can they suddenly create an account on our files in their name?

[citizenB]

Thanks for all of the replies but can anyone clarify if Marlin are able to start marking our credit reports for this debt, can they suddenly create an account on our files in their name?

 

If they are now the new owners of the debt - they can update what is there - they cannot amend the original date and the reporting can only continue for as long as the time is left. So if the previous owner had reported for 4 years - then marlin can only report for 2..

[amac31]

Thanks,

 

the original debt is from 2000 and does not show on our credit files,

 

Marlin took over in 2006 and have never reported on our credit files

 

is there anything they can do now to suddenly add it to our files or will they be acting illegally?

[citizenB]

Thanks, the original debt is from 2000 and does not show on our credit files, Marlin took over in 2006 and have never reported on our credit files so is there anything they can do now to suddenly

add it to our files or will they be acting illegally?

 

 

Hmm, then I would say they probably cant. Did the default happen prior to 2006 ? According to the ICO the marker should be placed within 6 months of the cause of action. If they were to start now, 7 years after purchasing the debt I think would be a good reason for a complaint to the Information Commissioner.

[amac31]

Ok thanks for the response I will be watching our files vigorously.

[dx100uk]

once a debt has dropped off because the default has hit its 6th birthday

it can NEVER return.

 

have you ever sent marlins a cca request?

 

when did you stop paying the original creditor and start paying the dca?

 

something smells here

 

dx

[amac31]

After further digging it appears that Marlin only took over the debt in 2009, but I had been paying other DCA's up until then.

 

I did CCA Marlin in 2009 and

 

got the following items back as well as a copy of the original agreement that was posted earlier in the post.

[citizenB]

Not quite sure what that is ?

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?325267-Section-98A-CCA-and-incorrect-notice

[citizenB]

Thanks dx So they terminated the agreement. I am not sure then what the reference to the "Money Judgment" is at the top of the letter ?

[dx100uk]

god this smells.

 

have you got ALL of the statements from all the players that have had their hands on this debt?

 

any others to hand at present?

 

can you remember who you've paid any letters

[dx100uk]

Thanks dx So they terminated the agreement. I am not sure then what the reference to the "Money Judgment" is at the top of the letter ?

 

me thinks its a clever ruse to even get money out of a cash cower.

[AndyOrch]

Its just another phrase for CCJ...possibly within the accounting software for intended litigation.

 

Andy

[BRIGADIER2JCS]

Indicates Claim is FOR MONEY ONLY.

[amac31]

Sorry I do not have any other statements from other DCA's, I would have naively destroyed all previous DCA's correspondence as a new one took over. This was before I was a member on this site

and before I was aware of how devious DCA's can be.

[dx100uk]

get a cca request off to marlins

 

dx

[amac31]

get a cca request off to marlins

 

dx

 

Hi, thanks for your reply. I have already sent a CCA request to marlin I posted copies of what they sent me at the beginning of this post.

[PaulW922]

All

 

If amac31 was paying another DCA up to 2009, which they suggest they were, and if the account didnt go into arrears until late 2001, then I doubt it will be statute barred. I think a different approach will be required

[dx100uk]

you've been fleeced on this debt for YEARS.

 

have you ANY IDEA how much you have paid in total.

 

pers i'd stop paying

 

dx

[amac31]

you've been fleeced on this debt for YEARS.

 

have you ANY IDEA how much you have paid in total.

 

pers i'd stop paying

 

dx

 

I stopped paying in June 2012

 

but going back to my original post what powers ( if any ) do Marlin/Marstons have with this debt

 

bearing in mind that there is nothing showing on our credit files from either company or the original creditor .

 

Can they create an entry or can I continue to ignore or laugh at the Marston's crew when they come to my door?

Edited June 30, 2013 by citizenB

[dx100uk]

already been answered

 

marstons are acting as a POWERLESS DCA in this instance.

 

once a debt has gone from a CRA file it CANNOT return

 

dx

[amac31]

Sorry to re start an old post but we

 

have now received County court claim forms for this debt from Mortimer Clarke solicitors acting for MCE Portfolio.

 

The account is in joint names for me and my wife although hers is in her maiden name and spelled incorrectly.

I will post the claim form online shortly.

 

We got the car in 2000 but it was plagued with problems

including the cylinder head gasket which was never repaired properly.

We should have rejected the car back then but were unaware of our rights and left it up to Direct Car Finance to put right.

 

We stopped paying after several months and handed the car back.

 

We then refused to pay the remainder of the agreement after the car was sold in January 2001.

 

Marlins then took over the debt and in 2009

I sent a CCA request and got back from them the items posted earlier in the post,

I will repost them to save trawling back.

 

The first payment to a DCA is shown on the statement as January 2006 which is just over the 6 year limit

but I'm not sure when I first acknowledged it with other DCA's

 

Marlins took over in 2009 and we were paying £1 token payments to them until July 2012.

 

We were naïve and were unaware of our rights or the dirty tricks DCA's used until we found this site

which is obviously why we made payments and acknowledged the debt when we shouldn't have.

 

1. How should we defend this claim?

2. When we acknowledge POS do we need to log in in both our names or does it just need acknowledging once?

3. Why are their court costs so high ( £410 plus £100 solicitors fee's ).

 

In the POC it states that it was assigned to the claimant on the 19/10/2006

which is well over 6 years from default.

[amac31]

Please find all scanned documents