Yorkshire Visa now Marlin Chasing - **Ack'd AS SB'd - CLOSED**

[alamand]

Hi guys,

Its been a few years since talking to you all but

 

I have not heard anything from YB or Marlin until now.

 

Marlin have contacted me by telephone last wk and then i recieved a letter this morning,

 

They say that they have contacted YB and that the Financial Ombudsman found in favour of the bank

so there is no dispute and I should now arrange a payment plan with them.

 

The agreements and T&C's and the letter from the FO are in previous posts if anyone could have a look for me.

 

Could anyone please advise on what to do next.

 

I have been relying on the fact that YB sent the application form origanally and then when I challanged it,

they sent the agreement again but this time they chopped the heading "application form" off the form

and sent that as the credit agreement.

 

They have also sent different T&C's stating these are the origanals but as you can see they would never fit on the back of the agreement.

 

I am not up to speed at the minute as I have not heard from these guys since 2010,

so could anyone please advise or point me in the right direction because things might have changed since I last challenged them.

Big Thanks

Alamand

[oleg]

Could you please compile a bullet point summary timeline of significant events, as the thread history is confusing and cluttered? Just the bare bones please not further questions at this stage.

Make sure that you include dates of last payment and written acknowledgment.

The debt appears that it may be on the brink of S B - hence Marlin's huffing and puffing - if not already passed, but we won't know until you've clarified.

Meanwhile, don't resume letter tennis - it will get you nowhere -

and do NOT speak to them again -

refuse to go through security if they call.

[alamand]

Thankyou Oleg

 

05/07 - Credit agreement/ statements requested.

Sent credit agreement which seemed to be an application form and T&C's.. Advised YB of this and then they sent the same agreement again but they had altered the form by chopping off the header so it did not say Application on top. They also sent different T&C's that they said were the 1996 ones and their current 2007 one. Advised them that not correct so reported to financial ombudsman as they requested.

01/09 - FOS found in favour of YB.

09/09 - The debt assigned to Marlin, advised them that it was in dispute with YB.

10/09 - letter recieved from Marlin saying they were sending to solicitors, letter sent again stating in dispute. No solicitor contact made.

01/10 - letter recieved from marlin saying that FOS found in favour of bank so payment needed. Another letter sent.

08/14 - phone call asking why no payment so said in dispute. I answered questions on the phone call until halfway through then I remembered not to talk to them.

Today - same letter as 01/10 saying FOS found in favour of YB so need to arrange payment.

Thanks

Alamand

[audiobookman]

im 99% sure your sd now, if the last payment was made in 2007 then your well and truely statute barred.

[alamand]

Hi Audio

I thought that if they contacted you or you replied to them, then you wern't,

 

So is it 6 years without payment then???

 

Thanks

Alamand

[oleg]

It has to be written contact from you which acknowledges the debt. Phone doesn't count.

When did you last make a payment?

What was

your last written contact - who to and when ?

CCA request doesn't count as acknowledgment . Nor "in dispute" letter.

[oleg]

Oh and btw they almost certainly don't have original agreement if it's from 96. So they couldn't enforce in court even if it were not statute barred.

[alamand]

Hi Oleg

I last made a payment in 2007 when I started with the credit agreement.

My contact since then has been that I am in dispute with YB.

I did speak on the the phone last week with Marlin because they took me by surprise. I told them the account was in dispute, i did go through some security questions though.

My last written contact was with Marlin in 2010 saying it was in dispute.

 

Alamand

[oleg]

Oh I thought it started 1996 cos you mentioned an agreement from that year. If the agreement started after 5[?] April 2007 and not statute barred, they can enforce with a reconstituted copy. If before, they need the original.

 

Leave aside the phone contact with Marlin. As I said, it doesn't count - although unfortunately it does give them a clue as to where you're at. I mean what's in your head and your pack of cards.

 

Leave aside Y B too for now. Concentrate on letters you've sent Marlin. Comb through them to see whether you may inadvertently acknowledged. Exact phrasing of sentences can be crucial. Any examples you're not sure about pls type up.

 

But if your letters have merely told them that you're disputing the debt, you should be ok.

 

And for heaven's sake don't talk to them again.

[alamand]

Hi

 

The agreement started in 96 but I havn't paid since 2007 when the dispute started.

 

I have got a problem with some of my responses because i kept them on the computer and my husband has changed the hard drive and as of yet, we cannot find the old one.

 

I am positive that all my replies were from templates on here so I am sure they would be ok.

 

What would be the next step ??

 

Alamand

[oleg]

If you are ab

solutely certain that you did not make written acknowledgement you can send the statute barred letter. Otherwise, hold on until you really are sure.

 

Marlin normally put their in-house solicitors onto the case with a letter before action prior to issuing court proceedings. You don't appear to be there yet. And even if they did issue proceedings, it's a very very simple task to defend, for which you can get help here.

 

Hope this clarifies matters for you.

 

Oleg

[alamand]

So I just ignore their letter for now and try and find the letters. ????

 

Alamand

[oleg]

Well it's up to you but that's what I'd recommend unless you are completely certain about not having acknowledged.

 

If you write to them they'll only try to ensnare you in their fake honeytrap.

 

Looking back over your thread I get the impression that you feel a need to keep debt chasers entertained. There is rarely any such need.

[alamand]

Thanks oleg

 

Gonna wait till nxt letter but try and find the ones I sent, my husband says we will send the letter if we cant find it. I am sure they are templates from here, so they shud be ok.

 

I want the debt sorted but I always think on the dark side, always think that its going to go wrong and scared to death of having to stand up in court, my husband says "**** or bust" now (sorry for language).

 

I have another card as well exactley the same but I will sort this first.

 

Many thanks

 

Alamand

[oleg]

Look at it this way. It's almost definitely s b and, even if it isn't , it's almost even more definitely unenforceable. [Yes garbled English, I know. Intentional ! ]

[ericsbrother]

I do not think that it is SB because during your protracted dealings with them you have been in dispute rather then denying the debt. Would need a clearer picture of what was said back in the dispute that went to the Financial Ombudsman.

[alamand]

Hi Ericsbrother

This is reply from the ombudsman. Unfortunately I cannot get to the copy of the complaint I made.

http://www.consumeractiongroup.co.uk/forum/showthread.php?108282-MTB-v-Yorkshire-Visa&p=1963556&viewfull=1#post1963556

 

 

Alamand

[ericsbrother]

I get the picture, the debt will certainly be SB very soon as the last acknowledgement can at worst (for your argument) be when you complained to the FO, not when you received his belated reply. It may well be SB already by the failure of you to make a payment and for them to try and collect for more than 6 years. I would keep a low profile for a couple of months unless you know the date of your complaint to the ombudsman.

[alamand]

Hi

 

 

Had a quick look through paperwork and I don't think theres any contact with YB in the last 6years. Below is what there is but obviously will double check.

 

 

17/06/08 - Debt Managers returned debt back to YB.

28/10/08 - Letter from Murray White Debt.

4/11/09 - reply saying in dispute.

26/1/09 - FOS find in favour of YB.

21/1109 - YB and Marlin say assigned to Marlin.

31/12/09 - reply saying in dispute.

21/ 1/10 - reply from Marlin - do not know whether I replied.

29/7/14 - phone call from Marlin.

1/8/14 - letter from Marlin.

 

 

I am still trying to find the hard drive to double check my replies to Marlin but looking through my other replies, I sent templates from here, so I think they would be fine.

 

 

I have had a letter from Marlin which I hav'nt replied to but have had a phone message as well, so it looks like they are about to start.

[alamand]

Just to add, the date of the complaint to FOS is June 2008

[ericsbrother]

Then that will be the last time you (could have been construed as having) acknowledged the debt so it will be statute barred. I presume that the dispute letters were to dipute the debt in its entirety rather than to argue over the amount.

[alamand]

I cca'd them and disputed the credit agreement saying all terms & conditions were not met and it was an application form etc. When they passed it to debt collectors I wrote to them stating the debt was in dispute. I reported to FOS but as you can see they found in favour of YB but they then passed it on to Marlin.

 

 

So am I right in sending the sb letter when they get in touch because they now have started with letters and phone calls. Like a fool I didn't print copies of what I sent to Marlin but I said the acc was in dispute so am certain they would have been templates from here.

[BRIGADIER2JCS]

I cca'd them and disputed the credit agreement saying all terms & conditions were not met and it was an application form etc. When they passed it to debt collectors I wrote to them stating the debt was in dispute. I reported to FOS but as you can see they found in favour of YB but they then passed it on to Marlin.

 

 

So am I right in sending the sb letter when they get in touch because they now have started with letters and phone calls. Like a fool I didn't print copies of what I sent to Marlin but I said the acc was in dispute so am certain they would have been templates from here.

The FOS statement to my mind id clear and correct, the absence of the CCA precludes only enforcement via the courts, the debt remains payable and may be pursued by all means available short of court action.

It may also be reported to credit reference agencies and passed to 3rd party debt collectors or sold on.

[alamand]

I keep reading the statute barred letter and what is worrying me is that although it is over 6 years with no contact with YB, I did send letters to Marlin albeit disputing the debt. So because I disputed the debt nearly 4 years ago with Marlin, it still counts as statute barred.

 

As you have guessed, if its not written in simple terms, it so confuses me.

[BRIGADIER2JCS]

I keep reading the statute barred letter and what is worrying me is that although it is over 6 years with no contact with YB, I did send letters to Marlin albeit disputing the debt. So because I disputed the debt nearly 4 years ago with Marlin, it still counts as statute barred.

 

As you have guessed, if its not written in simple terms, it so confuses me.

The effect of your letters will depend on how they were worded.

 

 

Did you state " I do not acknowledge any such debt" refer to the alleged debt or similar phrases?