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just_jue

Backdoor Cabot/Marlin 2005 CCJ for old BCT car finance remainder after vt . not paid since 2005!!

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Hi,

 

I am after some advice.

We brought a car via BCT back in 2003.

 

In 2005 the engine ceased up and we were in no position to pay for a new engine so we did a VT on the car.

This left an outstanding balance.

Marlin Financial Services took over the debt and we have been paying them off at £50 per month.

 

Since I have been scouring this very helpful forum site I had noticed that the outstanding balance from Marlin had gone up to what we owed.

As I am making regular payments to them can I request the CCA from them?

 

Thanks in advance

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Yes, you are entitled to ask for a copy of the credit agreement at any time. :)

 

Dear Sir/Madam

 

Re:- Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

UF


I am rarely around these parts any more. I only stop by when something has come to my attention that has sufficiently annoyed me so as to persuade me to awake from my nap and put in my two pence.

 

I am a final year law student; I am NOT an expert in law. All of my posts are just my opinion. I cannot be held responsible for any outcome whatsoever resulting from any person following the opinions or information contained within my posts. Always seek professional legal advice from a qualified lawyer.

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hi welcome to the forum,, yes you can request a cca the letter is in templates,, if you have the original agreement or when u get it upload and someone with more knowledge than me will tell you where you stand with it and good luck, remember do everything recorded delivery and keep a paper trail and dont sign, just print your name

Edited by tigga_1961
posted same time as united x

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Hi, the payment I have been making are to a company called Bramber, I can't find their address anywhere, do I still send the CCA letter to Marlin?

 

Thanks for your help again

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Send the CCA request to whoever is chasing you for payment - which is Marlin :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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And whilst I am asking for these details, should I cancel the S/O or continuing paying them?

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The choice is yours. I will tell you though, that if they go into default of the CCA request (12 + 2 WORKING days after sending the letter) then you can with hold all payments until the day they do conform (if ever).


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Just paid this months, so will send the CCA request on Tuesday if nothing by the 21st will the cancel the S/O

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By my reckoning, you can put this into dispute on the 26th May so if you havn't heard anything by the 21st then go ahead and cancel s/o :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Bct

 

I Take It Thats British Credit Trust

 

When You Took Out The Agreement, Did They Add Any Warrinty Onto It,

 

Surprised If They Did Not

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Request the agreement then post it on here

 

Marlins are a push over expecially there in house so called Solictiors!!

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Just Jue I been contacted by someone in the media who are doing a documentary on DCA's They are particularly interested in the likes of Marlin. If you or anyone else is willing to take part please PM me & I'll pass on their contact details

 

Let us know when the documentary is on!


Welshwizard QC (Quite Content):rolleyes:

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Just Jue I been contacted by someone in the media who are doing a documentary on DCA's They are particularly interested in the likes of Marlin. If you or anyone else is willing to take part please PM me & I'll pass on their contact details

 

I have had some fun with them and MCS.

I will PM you!!

 

HAK

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Hi, Still nothing from them not even a confirmation letter, would you recommend me cancelling the standing order and sending them the non compliance letter? Thanks for all your help.

Is Bramber - Marlin's in house Solicitor? as I can't find any letter from them just Marlin

 

Thanks again for all your help

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They will not be in default until 26th May so hold back until then to send the letter. As for cancelling the standing order, that decision can only be made by you as on the 21st May this is still not in dispute. I would certainly cancel it for June and onwards if they do not comply though :)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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The next payment goes out around the first of June, and have not heard a dickie bird from them yet

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In that case, I would cancel the next payment after 26th May - its looking highly unlikely that they are going to produce anything within the time frame....:);)


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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Hi, Had these two letters from Bramber today:

 

http://i718.photobucket.com/albums/ww185/just_jue/BCT.jpg

 

http://i718.photobucket.com/albums/ww185/just_jue/BCT.jpg

 

I noticed that they are sending out a statement of all payments made (saves me sending a SAR).

 

If someone could look over these for me.

 

Thanks for your time

 

just_jue

 

Hi, Sorry to be a pain if someone could look over these.

 

Thanks

 

Hi, Still no statements have arrived, they have rung wanting this months money but were ok when I said I was waiting on the statements. Any ideas on what to do now.

 

Thanks for you time

 

Hi everyone,

 

I am after some advice. We brought a car via BCT back in 2003. In 2005 the engine ceased up and we were in no position to pay for a new engine so we did a VT on the car. This left an outstanding balance. Marlin Financial Services - Bramber took over the debt and we have been paying them off at £50 per month.

At the beginning of May I sent them a CCA request. As I had heard nothing from them on the 25th May I cancelled the S/O with them.

 

At the start of June, they have sent this : http://i718.photobucket.com/albums/ww185/just_jue/BCT.jpg one page agreement nothing else

 

I would be greatful if someone could have a look over this for me to see if it is enforceable.

Bramber did also say that they were going to send on all the statements regarding the agreement.

Because I stopped the S/O they are ringing every other day wanting me to start the payments up again.

 

Thanks for your time

 

just_jue

Edited by dx100uk
merge

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acceptance fee £192 cheeky buggers!

 

so in 2005 what happened to the car?

and who decided the outstanding balance.?

 

if you paid 2yrs-ish of £207 = £5k

& 4yrs - ish of £50 = £2.5k

 

thats £7.5k you've paid, the car must have been worth £2.5k to them i bet!

 

i'd sar them and get everything they have on you.

 

dx


..

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Bramber Dca

 

Lets Call Them By There Proper Name Shall We

 

Marlin Financial Services

 

So I Take It You Paid More Than A Third Of The Balance, So You Did A Vt

 

So Why Are Marlin After More Cash From You

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Probably because the engine ceased up so it wasn't returned in sellable condition?

 

Will send them a SAR

 

dx - I like your taste in music - Roger Waters & Pink floyd are the best

 

Thanks

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It Can Fall To Bits

Makes No Difference

 

If More Than A Third Has Been Paid And You Do A Vt, You Walk Away With No Obligation Outstanding

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that doc appears to say £5k

 

[oh remove your signature!!

 

dx


..

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Hi, should they have not sent all 9 pages for a CCA request as we only got the one I have scanned in.

 

dx that isn't our signiture it is who ever counter signed the agreement

 

Just had another phone call from them, which is best telephone harassement letter to send please.

Edited by dx100uk
merge

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Send this off to them

 

-HARASSMENT WARNING-

 

WARNING;PROTECTION FROM HARASSMENT ACT 1997;

 

WARNING; COMMUNICATIONS ACT 2003, S127.

 

TELEPHONE NUMBER

 

Re: Harassment by telephone

 

 

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls.

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

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.

 

Be advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,


:)I am not an expert, but I can give good advice about Brighthouse:)

 

Am learning more and more about DCA's too :)

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

 

<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!

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