Marlin chasing old Lloyds Loan - poss statute barred debt

[Bazooka Boo]

Well on Monday send them a 'reminder' letter giving them a further 7 days in which to comply with your legal request or state that they have sent you everything under the SAR, before you report them to the ICO to investigate.

[amphiprion]

Ok will do, thankyou very much !

[Bazooka Boo]

The telephone harassment can be reported to your own phone provider, and to Ofcom.

[amphiprion]

Ok,

Ive got the remainder of the SAR papers through from lloyds,

 

It would appear my memory is a little muddled but everything is clearer now!

 

I contacted them at the end of february 2010 by telephone and arranged a 1 month payment holiday which took effect on 1st of march 2010.

 

 

So I did make january and february payments.

I told them I was in financial difficulty and they attempted to put me through to the department that could assist.

 

 

This department said it wasnt their responsibility so they past me to another department who said the same and past me back!

There was a delay in being connected each time, and they continued to pass me back and forth between the 2 departments at about 2 hours of getting nowhere and being worried about the phone bill I hung up!

 

The call log does reflect this call but simply states that I hung up when they tried to pass me through! No timescale is recorded!

 

I cancelled my DD online but it must have been reinstated

as the april payment was made vis my overdraft which was by then over the limit by £1200.

 

I can find nothing that records the DD being cancelled and put back on again!

 

The may payment was returned and the default was issued on 09.6.10

 

They have included a copy of the cca which is legible,

it contains my name and address, date of the loan, and a breakdown of the sum borrowed

and details of interest etc and two sheets with the terms and conditions at the time with no amendements.

 

There is no signature as this was an internet loan through my internet banking.

 

Marlin have today sent me two yearly statements one for 2013 to 2014 when they purchased it

and one for 2014 to 2015. No added interest!

 

This has worried me a little as I seem to remember reading that in order to comply with pre litigation rules

they have to supply yearly account statements!

 

Does this mean they may be preparing to start a court claim?

 

Any advice or insights would be greatly appreciated.

[dx100uk]

no I think you are getting confused with if they want to levy interest they must send statements.

 

 

dx

[amphiprion]

Ah ok thanks... I just wondered, as it seemd strange that they have been sending me letters for over 2 months then suddenly send these statements.

So I suppose its just a case of waiting to see what happens and hope nothing does before it becomes SB ?

[amphiprion]

Got a letter from marlin today, basically its offering a 20% discount on the amount if I pay up now!

It says that if they dont hear from me in 10 days they will pass the file on for review, but will continuemto contact me.

Does anyone know what they mean by review?

Is this a possible run up to solictors and a claim?

[dx100uk]

prob just to worry you

that it might be escalating.

 

 

the 20% discount speaks volumes upon how confident they think you owe the debt

double that and add some more

 

 

prob SB'd anyway

 

 

dx

[amphiprion]

Not sure I understand dx do you mean 20% signifies they are confident or not.

Re SB I think technically it is, as all payments after jan 2010 were actually payed by the bank from a delinquent bank account that was way over the agreed overdraft limit. With no income coming in.

Edited February 10, 2016 by amphiprion
mistake on dates

[renegadeimp]

It's a lemon debt. Marlin do not chase valid debts. They go after ones nobody else will touch. If you see a discount then its pretty much certain that's is a lemon debt, but they're still trying to play onnyour morals to pay them money that they are legally not entitled to

[Bazooka Boo]

Does anyone know what they mean by review?

 

Yep, they'll look at all the accounts they've foolishly bought that are not earning them any profit, and roll them all up in an attempt to flog on

to another powerless DCA, who is gullible enough to pay for it.

[amphiprion]

Ok. Thanks for your input guys, fingers crossed and wait and see what happens!

[amphiprion]

Oh and just to update, ive not recieved any calls from them since I got the last letter!

 

Not sure if thats good or bad!

[Bazooka Boo]

No news is good news as they say, besides, this is a powerless DCA you're talking about, absolutely zero to get worried about.

[amphiprion]

Hi all,

Just been looking through all the paperwork sent to me by lloyds, as a result of the SAR.

 

I didnt notice when I first looked at it but today when I examined the credit agreement I saw that it doesnt have a date on it!

 

Does that make it unenforceable? Or am I clutching at straws?

[dx100uk]

can we see it please

[amphiprion]

Bear with me ill have to take a photo and post it up.

[amphiprion]

..

agreement.pdf

[amphiprion]

Sorry thats the best I could do, hope its ok!

[dx100uk]

you only need to blank pers info

name etc account number

[amphiprion]

Ok..... shall I do it again or can you work with that?

I just cut some of the figures out as I thought It might help them identify who I am by those figures!

[amphiprion]

So..... enforceable or not?

[dx100uk]

bottom line is it doesn't matter

 

 

whomever is chasing you needs to send you an enforceable agreement

not something you find yourself under an SAR return from the OC.

 

 

dx

[amphiprion]

Ok thanks.. just trying to get an understanding of my position.

 

I thought maybe id stumbled accross something with the CA that might be useful.

 

They havent tried calling me since the last letter, and I suppose im getting a bit jumpy, if they follow the usual pattern im due another letter in the next day or so.

[dx100uk]

I would suspect that this is statute barred by now.

 

 

sit on your hands see what the next piece of DCA bog paper says

 

 

dx