Egg>Barclays>Marlin

[bearing]

Hi there,

 

Have recently been receiving letters from Marlin regarding a Barclays credit card debt, now I'm assuming this is regarding an Egg card that I had and was subsequently sold on to Barclays, I had completely forgotten about this debt and the contact from Marlin came somewhat out of the blue.

 

The debt has obviously been sold to Marlin as my credit file shows the Barclays account to be satisfied, I have paid Marlin a nominal amount to try and keep them quiet and deflect the danger of CCJ but they still persist in sending letters and are constantly telephoning me.

 

I'm thinking that I will send them a prove it letter as the account number they had in the letter introducing themselves meant nothing to me and did not tally with the original Egg account, should I also send a CCA to Canada Square Operations?

 

Obviously I'm not answering calls apart from when I suggested that all contact with me should be via letters.

 

Anything else I should be doing.

[citizenB]

Yes, send a CCA request and also the following letter to have them cease pestering you with calls (unanswered or not, they are still a menace).

 

 

 

FORMAL COMPLAINT - HARASSMENT BY TELEPHONE.

 

 

Account Number:

 

Dear Sirs,

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I consider to be harassment by yourselves.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in (writing or email) only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of The Consumer Protection from Unfair Trading Regulations 2008, and the Protection from Harassment Act 1997.

 

I draw your attention to the case of Roberts v Bank of Scotland plc and another [2013] All ER (D) 88 (Jun) in the Court of Appeal.

 

The court concluded that:

(1) The existence of a debt did not give a lender the right to bombard the debtor with calls. It was for the debtor to decide whether they wanted to discuss the matter with the creditor.

 

(2) In respect of the harassment appeal, the claimant had made it perfectly clear that she had not wanted to speak to the bank, and she had been perfectly entitled to do so. Once the bank had phoned a few times, it had been clear that no progress was to be made. Further calls had been futile and should have been stopped. The judge had been right to characterise the calls as intimidation and they had been wholly unjustified.

 

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Please treat this letter as a formal complaint under the procedures set out by the Financial Ombudsman (FOS). As such, you are required to send me a copy of your company complaints procedure.

 

Furthermore, please note that the FOS consider it 'unfair' for you to continue with phone calls when requested not to do so.

 

The OFT also consider it an unfair practice for you to ignore my legitimate wishes on how to contact me, for example where the debtor requests contact only via written letter or email, so I now demand that you cease any phone calls forthwith.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t have recording equipment!!**)

 

This issue is not negotiable. Any further phone calls will be logged, treated as harassment and reported to the authorities as such.

 

Yours faithfully,

 

 

PRINT OR SIGN YOUR NAME DIGITALLY

 

[bearing]

Cheers, will get them in the post on Monday. Should I also send a prove it letter to Marlin?

[citizenB]

Cheers, will get them in the post on Monday. Should I also send a prove it letter to Marlin?

 

You say you have paid Marlin some money, I think the Prove it letter might be a bit late !

 

I would say you should be looking to see if there are any charges that can be reclaimed to reduce the outstanding balance.

[BRIGADIER2JCS]

Emmm, shame that payment was made!!

[dx100uk]

send the CCA to marlins

 

when did you take this card out?

 

dx

[bearing]

Card was taken out in September 2006.

[dx100uk]

and barring the silly payment to marlins

 

when was the last one to the original creditor?

 

they'll need a true copy of the original signed agreement to progress this.

 

dx

 

dx

[bearing]

Last payment around the middle of 2009 I think, got into a cycle of failed payments until the account was defaulted.

[dx100uk]

thinkyou'll just have to ride it them.

 

are you getting all the statements via SAR?

 

if not get them

 

any PENALTY charges [£12 or more fixed fee late/over letter] can be reclaimed at their int rate

as well as any PPI?

 

dx

[bearing]

Is it best to both CCA and SAR them or will the SAR include the agreement aswell as statements etc?

[dx100uk]

cca marlin

 

sar egg.

 

dx

[bearing]

Cheers dx