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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.

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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

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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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.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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send the CCA to marlins

 

when did you take this card out?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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cca marlin

 

sar egg.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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