Marlin Financial Services

scattykat

Hi, my partner was with an ex for 3 years, im now with my partner for 5 years in April 09. My partner received a letter from Marlin stating they want £7601.83 for car finance his ex got, they can not find her and they say as his name is on the credit agreement he is liable for it all. We have asked for a copy of the credit agreement with no luck as they say my partner signed it, were also sending off for Subject Access Request. My partner can not remember signing anything and who the finance was with. We had a call from them last night and he was arrogant and said hes doing a ccj. Can they refuse a Subject Access Request.

They keep chainging there story, weve had 'the car is repossed' so asked you must know where she lives and theyve said no.

Her mum wrote to them stating she doesnt live there anymore but we think she does and now Marlin want to try and make my partner pay. Where do we go from here?

The have said if we can find her my partner is liable for half, at the time he didnt have a licence.

Any help would be great xx

Thanks

Jesthar

Have you written to ask for a copy of the CCA, or did you just ask them on the phone? If you haven't written, you need to do this (there's a template letter for this somewhere), as that makes your dispute formal.

And it doesn't matter whether or not they SAY he has signed it, if they can't provide proof of that (and they do love to lie!) they have no legal basis to chase you for the debt, if I understand things correctly.

~Jes

scattykat

Jesthar wrote: »

Have you written to ask for a copy of the CCA, or did you just ask them on the phone? If you haven't written, you need to do this (there's a template letter for this somewhere), as that makes your dispute formal.

And it doesn't matter whether or not they SAY he has signed it, if they can't provide proof of that (and they do love to lie!) they have no legal basis to chase you for the debt, if I understand things correctly.

~Jes

thanks for replying

No he asked over the phone and got told twice they dnt have to supply one, 3rd time the lady said theres one on file here somewhere and will send it out. Have the subject access request letter ready to send with the £10 postal order, and its written on there for the original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Its starting to get me down now and im on the verge of needing depression tablets again after having pnd after our daughter was born.

I dont see why because they can't be bothered to find her my partner is now liable, hes also told them that when they split he rung them up to say he has nothing to do with her anymore, we have seen her driving the car a few months ago. We have also told them that she works at Argos (gave them the Argos location) but seems to me that they arent bothered, i personally think they dnt have the signed agreement

xx

GeorgeUK

They cannot ignore a written request for a CCA if the £1 fee is enclsoed, or a subject access request if the £10 fee is enclosed. They have a LEGAL obligation to fulfill.

As you don't know where ex is, i guess you can't find out when the last payment may have been made from her - so it may not be statute barred yet.

scattykat

GeorgeUK wrote: »

They cannot ignore a written request for a CCA if the £1 fee is enclsoed, or a subject access request if the £10 fee is enclosed. They have a LEGAL obligation to fulfill.

As you don't know where ex is, i guess you can't find out when the last payment may have been made from her - so it may not be statute barred yet.

My partner was with her for 3 years so thats nearly 8 years ago, she got the car on finance around the 2nd year they were together so 7 years ago. My partner has said she didnt pay any payments to them so he says, i think they have been chasing her since then and have now passed it to Marlin who want to try and get it from us xx

GeorgeUK

If there has been nno payment towards the debt or written acknowledgement of the debt for 6 years, then it may be statute barred. This means that the debt is unenforcable unless there is a CCJ, even in court.

The SAR should let you see what has been paid to the DCA or what information they have regarding payments. It's not impossible for them however to say there had been a payment when there hadn't.

scattykat

GeorgeUK wrote: »

If there has been nno payment towards the debt or written acknowledgement of the debt for 6 years, then it may be statute barred. This means that the debt is unenforcable unless there is a CCJ, even in court.

The SAR should let you see what has been paid to the DCA or what information they have regarding payments. It's not impossible for them however to say there had been a payment when there hadn't.

thank you, its being sent in the morning recorded delivery, its just more stress we could do without esp as there advisors are arogant morons xx

GeorgeUK

If they phone you, refuse to answer any security questions.
There are a few template letters on the board to stop telephone harassment if required too.

scattykat

GeorgeUK wrote: »

If they phone you, refuse to answer any security questions.
There are a few template letters on the board to stop telephone harassment if required too.

ty the guy last night was quite forcefull and a bully, will look for one for harrasement xx

Jesthar

scattykat wrote: »

ty the guy last night was quite forcefull and a bully, will look for one for harrasement xx

That is is par for the course, unfortunately - you have to remember that these people aren't really thee to advise you, but to extort money out of you by whatever scare tactics they deem necessary...:mad:

Oh, and when you do write to them, NEVER sign your name on the letter - some of these companies have been know to try forging signatures in the name of extortion.

GeorgeUK

Here are a couple of telephone letters.
http://forums.moneysavingexpert.com/showpost.html?p=11571485&postcount=5
http://forums.moneysavingexpert.com/showpost.html?p=14588705&postcount=10