Marlin DCA Chasing old EGG Card - a settled Debt

[Worsteve]

Good Morning Wonderful Caggers!

 

It has been a couple of years since I last fell foul of a nasty DCA

as all your previous help assisted me in removing them!

 

I have something here I would like a little guidance on if possible.

 

I had 2 EGG cards which were transferred over to Barclaycard.

 

These 2 were settled in Sept 2008 and February 2009 respectively,

ans show as such on my Equifax Credit Report

(but not on Noddle strangely enough).

 

Marlin seem to have just taken this on and are now calling and threatening solicitors etc., etc.,

 

To be honest I don't want to be drawn into a war with these idiots,

however, what would be your recommended action with this?

It shows on one credit report, but not another?

 

Where should I begin?

 

As always, the best of great things to you wonderful people!

[dpick]

Hi the experts will be along but they will need to know if the accounts were settled in full or were they partial settlement. What can happen a creditor will take a partial settlement and then at a later date sell the remainder on to a bottom feeder DCA.

 

 

dpick

[dx100uk]

send them a CCA request

 

dx

[dx100uk]

I suspect you didn't settle them

 

but they show as settled when they get sold on.

 

dx

[Worsteve]

I suspect you didn't settle them

 

but they show as settled when they get sold on.

 

dx

 

Hi Dx

 

you are most correct, I didn't settle them,

 

however, upon requesting the original credit agreement,

Barclaycard were unable to provide any documentation. Nothing at all.

 

As such, it more or less went away and my credit report showed it as settled.

Last payment to card 1 to Egg was July 2007;

2 November 2008.

 

The original EGG accounts were opened in 1998 and 1999....

....meaning they are 15 years and 16 years old respectively

and cannot be enforced if I am not mistaken?

 

Should they not automatically be removed from my credit file as well?

 

Marlin are really rather pernicious and I believe I will have to go through the hoops with them.

 

So where do I start?

 

Many Thanks as always.

[dx100uk]

I would go full circle again

 

send marlins a CCA request

 

ideally a default marker on your CRA file 'should'

be placed within 3-6months of your last payment.

 

thatts the reason why they still show on your CRA file

[6yrs fromdefault date they will vanish]

 

as these are so old

was there ever a 6yrs period whereby you never used/paid?

that would invoke the statute barred clause?

 

dx

[Worsteve]

Thanks for your Prompt response dx

 

I shall go through the loop with Marlin now.

I shall CCA Marlin.

 

I shall have to go through all of my old paperwork I sent out once again to check

where I am with these old Egg Cards.

 

I am unsure of when the last payment I made was, so need to check this out.

 

Going by the Credit Report I am only 1 year away from invoking statute barred.

 

They will have nothing to show, as EGG had nothing, and neither did Barclays.

 

Thanks again. I shall keep you posted as to how this all evolves.

[dx100uk]

yea just get that cca request done

 

that should kill marlins if what you say is true.

 

there rest can wait as such

 

statute barring is a clear 6yrs period with no financial use in or out.

 

that could be any period, even from before you started to 'repay' this a few years ago.

 

but if marlins cant get a cca,

then sb is not really important as such

 

but it would be icing on the cake.

 

dx

[Worsteve]

Hi everyone,

 

Seems like the CCA cleared off Marlins. I received a letter saying that they have now passed the account over to 'their' solicitors Mortimer Clarke. I now await a letter from them.

 

I do know that prior to Marlins I sent off a CCA to a previous DCA and I did get some information back, but it was a vague credit agreement with no signatures and had no details on any monies in or out of the account. I haven't quite literally used this card since about 2005-2006 from what I can remember, and as such is does become statute barred. Marlins just resurrected it which is a clear violation of the Limitiation Act 1980.

 

I will await the letters from Mortimer Clarke and then ask for your assistance once again.

[BRIGADIER2JCS]

The date the accounts were opened is no relevant apart from the fact they have to a have the original agreement to enforce via the court system.

 

 

What are the default dates please?

 

 

When did you last make any payment to the accounts or acknowledge the debts in writing?

 

 

Statute Barred for Credit Card Accounts = 6 clear years (5 in Scotland) with no payments or unequivocal written acknowledgement of the debts.

[Worsteve]

I have just accessed my Equifax credit report and it appears that both of my EGG cards went into default on Dec 2008 and Jan 2009, so I believe I cannot invoke statute barred. EGG terminated my accounts on 9 January 2009 and it clearly shows it had Card Payment Protection in the termination letter![ATTACH=CONFIG]49746[/ATTACH]

 

 

I have just unearthed this. Can I claim back PPI from this by any chance?

 

Many Thanks you wonderful people!

[BRIGADIER2JCS]

When was the last payment or written acknowledgment made?

 

 

The cause of action i.e. cessation of contractually required payments starts the SB clock.

[Worsteve]

I shall have to dig around and find out when the last payment was made to EGG.

[slick132]

Hi Worsteve,

 

Please check on when you last acknowledged the a/c in writing, or made a payment to the a/c.

 

As The Brig says above, nothing else much matters, like when the a/c was opened or when it was defaulted.

 

Seems like the CCA cleared off Marlins. I received a letter saying that they have now passed the account over to 'their' solicitors Mortimer Clarke. I now await a letter from them.

 

If Mortimer Clarke are "acting for" Marlins, it may be that Marlins are still involved. If this is the case and Mortimer Clarke contact you, simply tell them that you await a reply from Marlins to a formal CCA request.