requested cca from marlin for 5 accounts.....

themagics

hi all we requested our cca's from marlin last week two letters from marlin have arrived today the first one dated 3rd nov stating ' with reference to the above account,and in reference to a letter forwarded to us from tessara, we have noted the contents however to enable us to proceed with your request please forward another letter completed with a signature' it goes on to say 'we have also enclosed your postal order, to enable us to bank any postal orders they need to be payable to marlin' the second letter dated 4th nov also from marlin states ' we write with ref to the above debt ( same account no as in first letter) and in particular to your response to our statement of demand we have noted the comments from your letter, we do not hold all the information of your account on file there fore we have applied to hsbc for the relevant information and will forward these on to you on receipt please be aware that once a credit agreement has been terminated the obligation to provide a copy of the agreement in accordance with consumer credit act 1974 ceases to apply there fore there is no time limit for us to provide the documents to you the debt still remains outstanding the full amount outstanding must be paid within 21 days from the statement of demand failing which we may proceed with issuing a bankruptcy petition against you,,,,,,,,, any comments welcome thankyou

themagics

we also got to attend a hearing next week as we have applied for the above mentioned stat demand to be set aside

davek1

they are talking bow locks they have to provide the CCA and teh statury periods within the act still apply. Go to thee hearing i bet you anything u like they don't turn up.

dave

RAS

themagics wrote: »

the first one dated 3rd nov stating ' with reference to the above account,and in reference to a letter forwarded to us from tessara, we have noted the contents however to enable us to proceed with your request please forward another letter completed with a signature' it goes on to say 'we have also enclosed your postal order, to enable us to bank any postal orders they need to be payable to marlin'

Re the signature - not a leg to stands on see the letter which fermi posted re the same issue earlier for OP.


Quote:
Dear Sir/Madam,

RE: Account NO XXXXXXXX

Thank you for your letter dated xx/xx/2008 the contents of which are noted.

In your letter you make reference to requiring me to substantiate my identity and supply my signature before you comply with my request under the Consumer Credit Act.

I draw your attention to the fact that the Consumer Credit Act 1974 does not require that i supply you a copy of my signature before you comply with my S77/78** request.

However please note that to date you have happily sent statements and correspondence containing extensive sensitive private information to my address. I have to ask if you are concerned that you are corresponding with the correct person why has it taken so long to raise this?

As you are aware, disclosing data without adequate checks of identity is contrary to the 7th principal of data protection, listed in schedule 1 of the Data protection Act 1998:

7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.

My request for a true copy of my credit agreement under section 77/78** was made on xx/xx/2008 and the 12 working days for your compliance expired on xx/xx/2008.

I note that there is no provision that removes the requirements of the act to provide this information on time, even if you are unsure of my identity.

Furthermore, the Office of Fair Trading guidance on debt collection is clear that:

"requiring an individual to supply information to prove they are not the debtor in question, for example, driving licences, passports, full name, date of birth, signatures"

is considered deceptive and unfair.

I look forward to receiving the documentation requested

Yours faithfully

Print dont Sign


However, the postal order situation could be an issue - to whom did you make it payable?

themagics wrote: »

the second letter dated 4th nov also from marlin states ' we write with ref to the above debt ( same account no as in first letter) and in particular to your response to our statement of demand we have noted the comments from your letter, we do not hold all the information of your account on file there fore we have applied to hsbc for the relevant information and will forward these on to you on receipt please be aware that once a credit agreement has been terminated the obligation to provide a copy of the agreement in accordance with consumer credit act 1974 ceases to apply there fore there is no time limit for us to provide the documents to you the debt still remains outstanding the full amount outstanding must be paid within 21 days from the statement of demand failing which we may proceed with issuing a bankruptcy petition against you.

Check the bit in red with NDL, but I seriously doubt it. When exactly did you take out this account?

By the way, it will cost them upwards of £1500 to bankrupt you and they would only get back the same amount pro-rata as any other creditor. Most unlikely to do this - the operative word above is may.

And since you have requested the CCA, until they produce this they cannot successfuly take any legal action (assuming you took this account out before April 2007)