marlin dca reckon they now have my CCA

melie3

hi all,
ive just had a phone call from marlin dca, asking me for payment on my debt. i requested my cca from them last jan yes last january!! they sent letter after saying they havent got this on file. i never heard from them until september, again threatening me for money. i made a complaint to them about the cca not being sent. this was closed in november, which they sent a letter highlighting the rankine case. i had owed £2600 to sainsburys before they took it over, debt now stands at £4800 and they want it cleared in 24 months. ive not the money, ive arrears on mortgage which im giving all i can afford to that. now the telephone advisor says in front of her she has my cca, a year on. she saying that they cant supply a cca when a debt is closed, which it was when it was taken over by them, according to her. dunno what to do now, as she is saying that they will need a financial statement, wage slips and bank statements. i dont really want to send my statements its a bit too personal i feel. can i blank everything out except wages? i dont understand why they are telling me over the phone they have cca , why they just havent sent it. can i complain to financial ombudsman? is it worth it?

fermi

melie3 wrote: »

which they sent a letter highlighting the rankine case.

The Rankine case is discredited and irrellevent. DCAs would prefer you didn't know that.

melie3 wrote: »

she saying that they cant supply a cca when a debt is closed,

Twaddle/rubbish.

melie3 wrote: »

i dont really want to send my statements its a bit too personal i feel. can i blank everything out except wages?

You don't have to. Idiots! :mad:

RAS

melie3

Until they provide you with the "CCA" you cannot check whether it is actaully a CCA or just an application form. The majority of "CCA"s we see here are unenforceable.

Do not contact them by telephone again. If they contact you again, write and ask for the CCA to be sent to you.

Then post it up here AND GO FROM THERE.

However, whilst you are in debt on the mortgage, you should not be paying consumer credit debts.

GeorgeUK

Ok, so you sent the CCA request. Was this with the £1 fee?
They had 12+2 working days to provide you with a copy before they defaulted. As they didn't provide the CCA, the debt became unenforcable at that time.

What did you do then?
Did you request that they remove all information they hold on you from their systems?
Did you report them to Trading Standards or Office of Fair Trading?
Did you send the 12+2 day letter or 12+2+30?

From now on, do not answer any of their security questions and refuse to talk to them on the phone. All communication should be in writing only. If they have a copy of the CCA, they should give it to you.

If you had an account with a bank and then closed that account, the bank would not be required to provide a copy of the CCA as the account was closed and the agreement would be ended. This is not the same situation. You are not required to provide any information to Marlin and if you provided documents as requested, they may argue that this is you acknowledging ownership of the account and debt.

When was the last payment made towards the debt?

melie3

oh you 2 just make me feel loads better.... no im trying not to pay too much to my other debts other than the £1 token, mbna are not happy with £11 pm on a £1000 debt !!!!!!, so i guess this will be next to go to a dca grrrrr.
the woman didnt even know what a cca was !!!!!!. when i explained to her, itll have my name address apr she said... oh yeas got that on file its got your name address apr... paused and said oh what else... and didnt say anything. i am assuming it didnt have a signature then lol.....she was saying that it was sent in november. i have a letter from them dated november but it was just in response of my complaint, and was outlining rankine case, which i checked up on, and said to the woman this wasnt a benchmark case, and not all peoples personal circumstances will be of that of rankines, she said it was a benchmark case lol......

melie3

GeorgeUK wrote: »

Ok, so you sent the CCA request. Was this with the £1 fee?
They had 12+2 working days to provide you with a copy before they defaulted. As they didn't provide the CCA, the debt became unenforcable at that time.

What did you do then?
Did you request that they remove all information they hold on you from their systems?
Did you report them to Trading Standards or Office of Fair Trading?
Did you send the 12+2 day letter or 12+2+30?

From now on, do not answer any of their security questions and refuse to talk to them on the phone. All communication should be in writing only. If they have a copy of the CCA, they should give it to you.

If you had an account with a bank and then closed that account, the bank would not be required to provide a copy of the CCA as the account was closed and the agreement would be ended. This is not the same situation. You are not required to provide any information to Marlin and if you provided documents as requested, they may argue that this is you acknowledging ownership of the account and debt.

When was the last payment made towards the debt?

hi george, i sent the request last january with £1. they sent a letter in the feb, saying they dont hold that info. i didnt do anything, i probably should have i guess. i never heard from them until september, which i swiftly replied to them saying the debt in unenforcable and sent a letter of complaint to them. they said its an 8 week process. so november was the 8 weeks deadline, and i get a letter saying no payment has been received, and highlighting the rankine case. today they rang me asking for payment. i havent made a payment since september 07, which is when sainsburys owned debt, which was being paid by CCCS, but i had to cancel my debt management plan because of my mortgage arrears (have just under a grand left to square with that). is it too late to report these lowlifes?

fermi

Nope. Rankine case is not binding on other courts.

It was a mess off a judgement by a judge that was ****ed off with them.

This is benchmark.

http://www.bailii.org/ew/cases/EWCA/Civ/2001/633.html

In effect, the creditor – by failing to ensure that he obtained a document signed by the debtor which contained all the prescribed terms – must (in the light of the provisions in sections 65(1) and 127(3) of the 1974 Act) be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid;

GeorgeUK

It's not too late to report them and i would suggest you do so. Pursuing a debt that is unenforcable is against the OFT debt collection guidelines. Also inform them of the porkies that Marlin have been spouting about they are not required to provide a copy of the CCA.

RAS

fermi

Thanks. You are a darling/web-wonder.

melie3

please can you tell me is it the finanicial ombudsman i need to report pondlife to??

RAS

Read this so you know which bits they have broken

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf


A list of good contacts to whom you can complain formally

Here are pipk62's list of websites for the organisations .

These addresses are the ones that I have used to find the information that I required, You may want to research pages other than the ones I have linked to, try clicking on the home page if any of these aren't what you wanted.

Office of Fair Trading, Contact page: http://www.oft.gov.uk/contactus

Trading Standards, Central office homepage: http://www.tradingstandards.gov.uk/
-Please note, you can search by inserting the postcode in the top right hand corner, remember to use the postcode of the DCA rather than your own-

Consumer Credit Association, enquiries page: http://www.ccauk.org/consenquiries.htm

the Financial Ombudsman Service, Contacts page: http://www.financial-ombudsman.org/contact/index.html




Phone letters from fermi

Something along the lines of:

Quote:
Dear Sir / Madam,

Re accounts ref

I do not acknowledge any debt to your company.

I am writing to you to inform that I request all communications to me in writing. I do not want any further telephone calls made to me ( my mum).

To continue to contact me by telephone after I have requested you not to constitutes harassment. I require all future communications in writing for future Court use. Do not telephone me again – remove any telephone numbers you hold for me from your systems.

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue with them after the receipt of this letter, an official complaint, together with a log recording the times and frequency will be passed both to that office and to Trading Standards, For your information, all telephone calls are taped.

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’. In that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. A formal complaint to the relevant authorities will be made.

Take further notice that continued telephone calls after receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003. Continued phone calls to my mother may also constitute an offence under the Data Protection Act.

Communicate in writing and ONLY in writing. Your telephone calls will not be answered.

HOWEVER, CALLS WILL TRIGGER COMPLAINTS TO THE REGULATORY BODIES.

I trust I have made myself understood on this matter.

Yours,