Marlin Financial Services

GeorgeUK

Bailiffs can only come round if this has gone to court. If it hasn't and someone comes round, they have as much legal right to enter your home or take your property as the paperboy - none. Tell them to leave if they come around as the debt is in dispute.

If the DCA is uncertain that you are the person responsible for the debt, they shouldn't be requesting payment from you in the first place. They have a choice - either stop chasing you for this debt or comply with the SAR.

Do not speak to them on the phone any more about the debt. If they call, refuse to answer any security questions. They have 40 days to comply with the request if you paid the £10 fee. After 40 days, report them to the Information Commissioners Office for non compliance. You have proved who you say you are by providing a copy of your birth certificate. The clock is ticking.

Jesthar

Reputable company? :rotfl: Yes, I guess a lot of people around here are very aware of that reputation, and it's not in a good context... :rolleyes:

Seriously, though, they can't demand anything with a signature on it before supplying a copy of the CCA, so I'm guessing they don't have one. As you requested that at the start of December, and they STILL havent sent it to you, they've missed the legal deadline of 12 working days by a country mile.

Actually, as the woman on the phone claimed that they wanted a sample signature "so they can match it with the one they say they have on the cca", they may have just shot themselves in the whatsits, as either they have it and are refusing to send it, or they are lying about having it which is why they haven't sent it. Either way, they lose, as the Information Commissioner isn't going to like either version of that tale! Don't suppose you recorded the conversation for evidence? Thoughts, anyone - I'm not really an expert here...

Baliffs don't enter the frame until a court has ruled against your partner, and that isn't ever going to happen unless they can produce a valid CCA.

~Jes

scattykat

thank you both, do we just ignore them now or send a letter stating they have 40 days to send the subject request details to us x

GeorgeUK

Ignore them - they have received the request and payment. Was the letter sent by recorded delivery so you have proof of receipt?

They have a time period to respond in. If they fail to do so, then report them. If they return the £10 that does not mean they are no longer bound by the legislation and they should still provide the details requested.

melie3

im dealing with these wallies, have just got off the phone, she was saying yeah got a cca, after i requested it last jan, i said oh does it have my name address, date of birth, apr, and she repeated everything i had said it needed lo.... except SIGNATURE lol i didnt mention this, but she paused as if she was reading something, well signature stands out lol

scattykat

yep we have recorded delivery receipt as proof, thanks will just wait then x

davek1

ignore them.

How on earth on the one hand can they demand money from you assuming you are the debtor ( well at least they are certain enough to hound you on that basis)

On the other hand they can't be sure that you are the debtor so they need proof. Me thinks they have a problem. tell them to go boil their head and see them in court

Dave

scattykat

hi again more letters

right guys, got a letter from marlin it now says

auto credit trust ltd
balance oweing £7605.83

We with regard to your letter dated 22nd January received in our office your comments have been noted

We as a company are fully aware of the Data protection act and our customers best interests are foremost, therefore we are unable to send you a copy of the agreement as the letter you have sent was unsigned

The copy of the birth certificate you have supplied is not sufficient, please kindly send a copy of your signiture as previously requested and we will be happy to comply with your request for subject access

Assuring you of our best intentions at all times


From what im reading i think the 1st part is for the cca and the 2nd part for the subject access request, so they won't send me the cca until they get my signiture, it all sounds very dodgy to me, any advice guys

scattykat

also from the 1st letter to this letter theres a £4 difference in the amount

freddy08

They are clearly and deliberately mixing up your request for the CCA and Subject access to their own advantage. This has been going on for a while now and I think that it is unlikely they have a CCA or why would they have not sent it?
I would say the time has come to report them for not complying with your CCA request but continuing to chase your partner for the debt. If they had a CCA signed by your partner or his ex then surely they, or the original creditor, would have applied for a CCJ many years ago.