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

[just_jue]

Thank you

 

Hi Post, sorry to be a pain but they keep hasseling me.

 

Thanks

 

JJ

[postggj]

Evening All

 

Ime On It In The Morning

 

Send A Knudge Email

[just_jue]

Hi, sorry me being a pain again. Missed their call again today (what a shame)

 

Any advice please!!

 

Hi Post, sorry to be a pain but I really need some help with this matter please.

 

Thanks

 

JJ

 

Hi, sorry I really need some help with this please someone.

 

JJ

[postggj]

http://www.consumeractiongroup.co.uk/forum/welcome-finance/228539-welcome-secured-loan-ppi.html

 

IME STILL ON THIS

 

HAVE A NOSE AT TODAYS POSTS

[just_jue]

Hi Post, good to hear your getting better, I have read your comments about Welcome secret commissions, now I have the underwriting sheets which show the commission paid, what is the best course of action now?

[just_jue]

Hi everyone,

 

I am having some trouble with British Credit Trust.

 

In 2003 our car was written off this was financed via BCT. When we were looking for another car a Broker rung us who we thought was working for BCT and arranged for us to view some cars (none of the cars he organised for us were any good), so we brought one via an independent garage.

 

In 2006 the car engine ceased up and we had to send the car back to BCT and was paying the outstanding balance via Marlin.

 

I then decided to send in a SAR request. What I got back was a copy of the fees the Broker charged even though he did nothing (nearly £1600).

 

I have written to both Marlin and BCT about this matter as hidden broker fees are a no no but neither of them have bothered to reply to my letters even though they have signed for them.

 

Does anyone have the contact details for the main person at both companies?

 

Thanks in adavnce

 

JJ

[Tingy]

If you google them you'll find telephone numbers for the above companies. Ask at Marlin for the e-mail for Alan Evans, can't remember the other one, but just phone and ask for the e-mail of the CEO.

[just_jue]

Just received a letter from Marlin Portfolio (so it has moved one desk down to chimp line) saying if we don't start payments they will start legal proceedings which would be nice, but funnily enough no response to our complaint, so we will start the process again with these chimps and see what happens.

Luckily we have changed phone companies and they don't have the number.

 

JJ

[just_jue]

Hi, 

 

My other half has just received a letter from Cabot regarding a debt going back to 2006.

 

It was originally with Marlin, and after taking advice on here we put the account in dispute due to some errors in the paperwork, 

 

She has not heard a thing from them until Cabot wrote saying they got a CCJ at our old address dated 11/2014.

 

No payments have been made on this account since early 2005.

 

As it is nearly 5 years since the CCJ was granted would we be able to set aside the CCJ?

 

Thanks

 

JJ

[dx100uk]

no point

whats the debt?

 

[just_jue]

Evening DX it was a car we VS with British Credit Trust as the engine seized.

 

Cabot keep writing and calling wanting the money and don't know how to handle them

[dx100uk]

merged a few old threads

 

well TBH its not far away from 6yrs when they wont be able to enforce it wihout returning to court

 

but what strikes me is the account would have been well statute barred by 2014

 

poss write to them and state these facts?

 

dx

[just_jue]

I was thinking of writing along the lines of:

 

The account was placed in dispute in 2009/2010 as there was serious errors in the agreement and the account running.

Marlin/Bramble should not of sold the debt on when  a dispute has been raised.

 

We require you to remove the CCJ or we will go back to court and have it set aside as we have a strong defence

[dx100uk]

marlin are cabot, not been sold on

 

the debt was statute barred at the issuance of the claimform resulting in the default uncontested judgement because the claim was raised against an old address.

[just_jue]

Can they now instruct bailiffs to visit us to enforce the CCJ?

 

Seem unfair as they completely ignored our dispute.

 

Do you think we would be able to get it set aside due to time length? 

[dx100uk]

would need to return to court and get permission

forget the dispute, that's immaterial now

 

the bottom line is the debt was outside of the statute barred period when default judgement was attained.

 

if you have proof of last payment then they could quite easily remove the CCJ by consent FOC to you

 

write with a copy of that proof and tell them they have 14 days to remove the CCJ FOC or you'll seek financial compensation for the last almost 6yrs of damage this has done to his credit worthiness

 

do you have proof of last payment?

do you have proof you in formed either BCT or marlin in writing of his current address before they raised the court claim?

 

 

 

[just_jue]

Glad you merged all the threads from earlier.

 

The last payment was 27/07/2005 and the CCJ was granted on 11/11/2014 so a clear 6 years.

 

I think by the looks of it they got the CCJ from the original address for the agreement and not the one they had been writing to us 

 

[dx100uk]

images/posts removed
.
please do not post jpg picture images directly to a post
.
read upload and redact in jpg then convert using on of the listed websites there to convert to one multipage pdf only

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that way only logged-in,registered and approved caggers are the only ones that can download and see them
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else anyone can see them caggers or not.

 

………….

 

not that it really matters,

but have you in writing ever informed the old original creditors or any of the DCA's since of his present address from the address on the agreement

 

[just_jue]

Probably not now as it was over 10 years since we last heard from them.

 

Will look but found the payment statement from the earlier posts

[dx100uk]

ok well ball is in your court.

on what you want to do.

[just_jue]

Thanks DX.

 

I think we have to take it too them. As don't want to leave it.

 

Was going to write a formal complaint telling them to remove the CCJ otherwise I will be applying for a set aside and passing any costs onto them

 

JJ

[just_jue]

Sorry for not posting sooner, have had a serious family matter.

 

I have drafted a letter of complaint, if you can think of anything please let me know

 

With regards to the above account I would like to raise a formal complaint.

 

In September 2009 I wrote to you when you was under the name of Marlin and raised a formal complaint as there was serious errors in the way the account had been processed, and have had no response from you until your recent correspondence.

 

After checking my credit file I noticed that you have lodged a CCJ that I did not have a chance to defend.

 

With this in mind I request you remove this CCJ from my file, if you are unwilling to do this I will apply to set aside the CCJ and will send the cost over to your company.

 

 

I look forward to hearing from you.

[dx100uk]

post 116

 

dx

 

[just_jue]

I've just been through all the paperwork here and it seems that some payments were made to Marlin upto July 2009 until we asked for a CCA and lodged the complaint about the serious error in the paperwork, so that takes it within the 6 years.

 

Weirdly this statement was in our original paperwork but not in their last statements that came through

 

We moved house in 2012 and they hadn't written to us during that time.

 

Don't know how to play this now

[dx100uk]

who's statement lists these payments?