Marlin - Credit Card .Assigned debt

[Samba]

My debt has also been assigned to Marlin. I hope we can keep this thread going at the moment I have complained to Yorkshire Bank and asked for my original signed agreement (which has not arrived yet)

Marlin insist that the debt is now with them and it is strictly legal, I have sent them a letter back stating that I cannot proceed as I have no financial agreement with them.

I do wish to pay my debt so I am not trying to avoid it but you cannot allow them to walk all over you.

[Samba]

I have had a reply from my original creditor Yorkshire Bank who are looking for my original signed documents which I requested (no sign of them yet), in the mean time Marlin have referred my account to there solicitiors Mortimer Clarke. I have reitterated that I do not and have never had a financial agreement with Marlin and until I am satisfied that Yorkshire Bank have acted within the law I am unwilling to pay any money.

[B3rty]

Remember Mortimer Clarke are just their in house legal entity and not an actual firm of Solicitors in the true sense of the word....

 

Dispatches exposed them see this link

 

Dispatches - Undercover Debt Collector - Channel 4

[lilly white]

a marlin

need any help shout

 

i am waiting to have a go at this little lot

[Samba]

I requested the original signed credit agreement from Yorkshire Bank and have received the following reply:

"I refer to your request of a signed copy of the agreement stating that the account can be transferred to a debt collection agency without prior warning. The banks right to sell debt is not recorded on the account opening forms however it is detailed in the Bank's recovery procedures which are not published"

 

Not sure what to do now should I contact Marlin and start paying or fight on? There is a lot of forums saying that the debt is unenforcable without the original signed agreement but I have yet to come across anyone saying they have done it!

[Samba]

Hope your (Winkermanda) court appearence went in your favour, I have not got to that stage but as Yorkshire Bank have not provided me with amy documents I am presuming they don't have them. Only ever had dealings with Mortimer Clarke once and they quickly went away after I asked for evidence I believe they are only a legal representive and have very little powers. I am now going through the the financial ombudsman to try and get documentation I have been told if there is none then the debt is "nulled".

Would like to know if anyone has got this far yet.

[Samba]

Hi winkermanda, I feel for you having to deal with the stress. I cannot see how you can get to court without all the relevant documentation. You must inform the court that you have not got this. My gut feeling is that this will be a stalemate and that the debt will stay with you but the judge will order a stay until both sides have there case. I cannot understand how this got this far I owe £8,000 never used a solicitor but remained in constant contact. Just ensure that you keep all parties informed.

[Samba]

Hi Winkermanda,

 

I'd be interested to see how you get on in with a solicitor please keep updating. I suspect all the stalling is because they do not have the original agreement and despite a recent test case in December 2009 in order to present a case the creditor must have the original or copy of agreement. I suspect creditors are going around making copies now, interestingly the Yorkshire Bank have suddenly found mine. I suspect it will be a copy.

I do not know your personal circumstances but I know what it's like to have no money and have these people harrass you I owe £40,000 in total to 5 creditors always bare in mind you can only pay them what you can.

 

Samba