HFC Marbles/Cabot/Marlin Financial help please

[mw45uk]

Hi everyone can anyone advise me of my next steps with this problem please, here goes,

 

 

 

In 2007 I had a marbles credit card (£250) with a hp purchase from currys

think it was one of their pushy things when you took out a hp purchase?

 

 

in 2008 I had a dispute with Marbles (original creditor)

over some late payment charges and stopped my payments (last payment made 2nd Jan 2009)

 

 

This was then passed to several dca's and a

 

 

few weeks ago I had a letter fro Marlin Financal saying they were acting for Cabot Financial (current creditor)

and were going to issue court proceedings if the debt was not paid in full,

 

 

I sent for statements of accounts and credit agreement and

 

 

1 week ago had them returned,

 

 

the credit agreement has no signature it is just blank??

 

 

And since the last payment balance then was £233 so all the rest is made up with charges. Default was made 2nd Jan 2009.

 

Today had a letter from Marlin say that no payment plan has been offer so now they will take steps to issue court action?

 

Any help will be great

 

Thanks mw

[dx100uk]

when in 2007 did you sign it

 

 

dx

[mw45uk]

Thanks for the reply dx.

 

 

 

 

 

 

I have no idea

 

 

can't even remember signing anything ?

 

 

I had something on hp which I paid for and this got push on to me with the sale?

 

Thank mw

[dx100uk]

if it was defaulted 2009

it should be on your credit file still?

 

 

dx

[mw45uk]

Taken out August 2006 statement shows first transaction October 2006 hope this helps

 

Thanks mw

[theoldrouge]

can you post up what you received in reply to your cca request please

 

minus all personal details

[mw45uk]

Letter was from Marlin Financial Services,

Outstanding balance : £***

Creditor :Cabot Finacial UK

Original creditor : Bank Of Scotland

Reginald Ref: ************

 

We write regarding your account and your request for a copy of your statement of account and agreement.

 

We have enclosed a copy of your statement of account and agreement from the original creditor for your reference.

 

Please contact us by with your proposals to clear the outstanding balance and ensure our ref wrench number ******** is quoted on all correspondence and payments.

 

If you wish to discuss this matter with one of our Customer Consultants please call ------------- Monday to Friday.

 

Yours

Marlin

 

 

Then today letter from Marlin,

Important notice it is our intention to instruct a solicitor to issue court proceedings against you to seek a county court judgement ..............

 

Hope this helps

 

Thanks mw

[mw45uk]

Is there a template to send back as I have had the agreement sent but it has no signature as I have a feeling Marlin will go straight to court if I don't reply ?

 

Thanks mw

[theoldrouge]

can we see the agreement and t&cs please mw

[dx100uk]

scan up what they have sent please

 

 

dx

[mw45uk]

sorry try this and the copy of the agreement is a very small font on the original letter I can hardly read it ?

 

 

thanks mw

[theoldrouge]

As Marlin have not provided any t&cs, send them a cca request under s78 with the £1 fee

[mw45uk]

I did send the CCA request and that is what I got back statement of account and letter of agreement?

 

 

What is t&cs?

 

mw

[theoldrouge]

well if you sent a cca request they have failed to comply with s78(1)

 

no terms and conditions supplied, however just inform them they have failed to comply with s78(1) and s78(6)

 

currently applies dont tell them why

[mw45uk]

Ok I will do thanks for your help it's much appreciated, I'm just I bit confused as they have sent a copy of agreement even thought it just looks like a copy of a standard agreement letter with the terms and conditions on it but it has no signature on it, its left blank?

Do I need to add anything other than failed to comply to the letter e.g do not acknowledge the debt?

 

mw

[havinastella]

The reply you received would probably fulfill your CCA request.

 

They can send almost anything, it's just MUSH!

 

Should they want to enforce the debt, and the the CCA was signed (not signed) pre April 2007, they would need the original to enforce in court. Not a copy, the 'Original'

 

You also need to check what the original credit limit was, what they are claiming and what charges have been added, including PPI.

 

Send the SAR to the Original Creditor, wait for the paperwork and sue these bastards for the money they owe you.

 

It's simple really.

[BRIGADIER2JCS]

Ok I will do thanks for your help it's much appreciated, I'm just I bit confused as they have sent a copy of agreement even thought it just looks like a copy of a standard agreement letter with the terms and conditions on it but it has no signature on it, its left blank?

Do I need to add anything other than failed to comply to the letter e.g do not acknowledge the debt?

 

mw

 

 

If what you have received is intended to be a " reconstituted" agreement it must have :

 

 

Your name and address as at the inception of the agreement.

The original creditors name and address as at inception.

 

 

ALL the Ts& Cs : Those at inception and closure of the account.

Any material amendments made to the Ts & Cs made during the life of the agreement.

 

 

Any other documents mentioned in the agreement.#

A current statement of the account.

 

 

NO signature is required.

 

 

Unless All the data is included the alleged "recon" does not satisfy the CCA request, nor will be sufficient to enforce the debt via the court.

 

 

These requirements are laid down in case law.

 

 

The creditor/DCA cannot just send anything they see fit.

[theoldrouge]

Brig is absolutely correct on the requirements,

 

the t&cs at inception have not been included, (what they sent you mentions condition 5 and 12.2 no sign of these)

 

the t&cs at account closure have not been included

 

they have NOT complied with the requirements of s78(1), so currently s78(6) applies

 

here are the latest FCA guidelines

 

http://fshandbook.info/FS/html/FCA/CONC/13/1

[mw45uk]

Hi folks just got home from work thanks so much for all your replies and help I will send the SAR to original creditor and send Marlin a letter say they have not complied to the CCA request? The credit limit on this was £250 and was not over limit when I stopped pay and also had charges on the account then it more than doubled with charges while I was not paying ?

 

Thanks mw