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    • Hi DX   Thank you for that.   No house move    Doh ... I know what a PAP LOC is now (apologies for being slow !)   I have had a tinker and found another defence example which I have taken account of.    How does the following now look ?  (bit lengthy apologies in advance !) **********************************                                                                           Particulars Of Claim 1.The claimant claims this amount in respect of an unpaid loan, regulated by the Consumer Credit Act 1974. The loan was funded by Ferratum UK Ltd.   2.The Defendant has failed to make payments in accordance with the terms of the credit agreement. The credit agreement was assigned to the Claimant upon which a Notice of Assignment was sent to the Defendant.    3.The Defendant has either failed to respond to the Claimant or has failed to maintain regular payments.   4.The Claimant has issued a Letter of Claim, providing the Defendant with a further opportunity to arrange repayment of the outstanding balance to no avail.    5.The Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 11/02/2019 to 23/07/2019 on  £417.00 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.09."    " Defence    1.            The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5(3) in relation to any particular allegation to which a specific response has not been made.   The Claimant has not complied with paragraph 3 of the PAPDC ( Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC   2.           Paragraph 2 is denied. I am unaware of what alleged debt the claimant refers to having failed to adequately particularise its claim.  And it is denied the claimant has served any Notice of Assignment pursuant to the Law & Property Act 1925    3    Paragraph 3 of the particulars is not admitted with regards to the Defendant entering into an Agreement referred to in the Particulars of Claim for an amount of £431.81. It is denied the defendant failed to abide by the terms of contract.   4.       Paragraph 4 is noted although I have no record of ever receiving a Default Notice or Notice of intention to serve a Default Notice in this matter.    5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   6. On receipt of this claim I requested by way of a CPR 31.14 request and a section 77/78 for copies of any documents referred to within the Claimants particulars to establish what the claim is for. To date they have failed to comply to my section 77/78 request and remain in default and with regards to my CPR 31.14 request.   (a) show how the Defendant has entered into an agreement ; and (b) show and evidence the nature and service of a default notice pursuant to sec87.1CCA1974 © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   7 .As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   9.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any   ******************** end of defence ************
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allets

Marlin offer on old Northern Rock Debt

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Hello fellow caggers.

I received this from Marlin DCA a couple of days ago.

On a debt of almost £5,000 they have offered to reduce it to around £1,800, if I pay within the next 14 days. It will save me around £2,750. It is a full and final settlement and be registered as partially satisfied with the credit reference agencies.

I can just about skimp and scrape this together.

If I don't pay, I must continue making my agreed repayment amount.

What should I do?

 

 

Allets.

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well, as they arent going to show it as settled on your credit files thenthere is little benefit to you to struggle to pay thm a lump sum.

There must be a reason they are doing this so perhaps you need to do some digging. When was the default of the debt and to whom, when did Marlin get the debt assigned to them? Are you paying it off at the moment and if not, when did you last pay anything and to whom.

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well, as they arent going to show it as settled on your credit files thenthere is little benefit to you to struggle to pay thm a lump sum.

There must be a reason they are doing this so perhaps you need to do some digging. When was the default of the debt and to whom, when did Marlin get the debt assigned to them? Are you paying it off at the moment and if not, when did you last pay anything and to whom.

 

 

Exactly what I was going to say, if it's full and final then it must show as settled. These companies can still rip you off especially if it is only partially settled. The full and final can mean with them and then they sell the remainder of the debt to someone else to collect.

Don't trust them. They are only offering the reduced amount because they paid pennies for the debt and even at the requested amount will still be making a huge fat profit.

 

 

As you say you are making payment now, how much have you paid off the original amount and how much is left ?

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What is it they are demanding you pay for?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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full debt history please

 

 

and is this on your credit file?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

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Thanks for all your replies.

 

I have had this debt since Nov 2008, it was originally with Northern Rock.

 

 

The default was registered with them to the credit reference agencies in June 2009.

 

I have been making token payments of £10.00 per month for the last 4 1/2 years, before that it was £6.00 per month.

 

When I could not afford to repay the loan it was £5,200, it is now currently £4,580.

So in nearly six years I have paid off £620.00.

 

Marlin had the debt assigned to them in October 2013.

 

I do not know if it is on my credit file (although I would think it is) as I have not seen my credit file for the last 7 years,

or around that length of time.

 

I thought also that Full and Final meant that it was to be shown as settled to the credit agencies.

 

Hope I have provided enough details.

 

 

Allets.

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Offer like that ESPECIALLY from marlin means the debt is 99.999% a lemon debt.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hello.

What do you mean by a lemon debt please?

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do get your credit file

noddle below is freee.

 

 

get an sar off to NR ASAP.

 

 

there are numerous threads here on recent marlin NR debts.

 

 

seems like they have brought their old catalogue up.

 

 

if they are offering a discount

means there is MORe to be had than what they offer

 

 

your case could help the others in the same boat

 

 

get all the statements please

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Had a similar letter today also, to reduce 9k debt by half if paid within 14 days....

.. I'll continue my monthly payment only...

 

 

..... think they just sending batches of letters out in hope some will take they offer up..

 

 

...... like others have posted,

 

 

if you want to do some digging to see if enforceable,

 

 

they might be a chance something is wrong..

. if like myself.

.. i'm just going to pay debt off at affordable rate to myself,

 

 

might take few years,

but will have satisfaction that I cleared my debt..

 

 

... other debt collection companies have also offered me reduced final offers,

taken none of them up on they offer.....


!2 years Tesco distribution supervisor

7 years Sainsburys Transport Manager

 

4 Years housing officer ( Lettings )

Partner... 23 Years social services depts

 

All advice is given through own opition, also by seeking/searching info on behalf of poster, and own personnel dealings.

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as long as you have investigated enforceability /reclaiming then ok.

 

 

but I question your logic on paying debts not investigated that have a a discount.

 

 

CCA request/SAR is a MUST

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Signed up to noddle, boy my credit rating is dismal.

I will be sending off a SAR to Northern Rock later this week.

Will keep you posted with what happens.

 

 

Allets.

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what does noddle say about the debt?

 

 

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Noddle shows,

It is/was an unsecured personal loan, started in March 2005, went into default May 2009, but only listed as a default by Marlin as of Feb 2014.

Another anomaly which I can see though, I pay £10 per month, Feb and March 2014 show the same balance, then it reduces by £10 each month until July 2014. July and Aug 2014 again show the same balance. If that is the case then they have short changed me by £20 in the last six months.

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SAR posted off today. When/if I get the SAR back, is there anything specific what I should be looking for?

 

 

Allets.

Edited by allets
extra info

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