marlin dca reckon they now have my CCA

melie3

RAS wrote: »

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,

i couldnt see where it says something to effect of failing to supply documents when requested, does it have?? kids doing my head in lol cant concentrate ggrrrrr lol.... have the commited an offence adding 2k in charges to my debt? what charges, and how likely am i gonna get this back to original amount, or have i to pay this anyway? the offences theyve commited are failing to provide me with my cca when i requested it.

RAS

melie3 wrote: »

i couldnt see where it says something to effect of failing to supply documents when requested.

The offence is under the Consumer Credit Act,

As the DCA are in default of Consumer Credit Act action is NOT permitted, as under s127 of the Act this constitutes a complete defence at law.

I put the OFt Guidelines up as they have broken all sort of those as well

2.8.i failing to investigate or provide details when a debt is queried or disputed...........

melie3 wrote: »

Have the commited an offence adding 2k in charges to my debt? what charges, and how likely am i gonna get this back to original amount, or have i to pay this anyway?

It is not an offence because it is a civil matter. read here http://www.moneysavingexpert.com/reclaim/ about reclaiming charges. You will get back most charges but not interest.

melie3 wrote: »

the offences theyve commited are failing to provide me with my cca when i requested it.

Exactly 2.8.i but also items 2.1, 2.2b. 2.2.e, 2.3 b, and 2.6 g.

they sent a letter highlighting the rankine case

debt now stands at £4800 and they want it cleared in 24 months

the telephone advisor says in front of her she has my cca

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

she is saying that they will need a financial statement, wage slips and bank statements

melie3

hi thanks for all the information youve gave me. now marlin have rang twice this morning asking if ive had any correspondance since friday, my post hasnt come yet !!!!!!.......
anyway, what if they have the cca a year on, she says it takes that long for them to keep chasing the OC for it. if they have sent my cca, how do i go about paying this debt, as im livid i might have to pay double the debt. also they are wanting £200 pm at least which i couldnt afford anyway. so will it then proceed to court, will this be a better thing to do?

melie3

im feeling really low today regarding this. im not trying to shirk my responsibilities, i have been very stupid in the past, and have borrowed money which i then couldnt pay back. im not trying to avoid paying my debts, just cant afford to pay what they want. the response letter to my complaint states that my agreement was terminated and that they (marlin) are not bound by the CC act, so therefore they dont have to supply the cca. i was already in default with sainsburys and was paying via a DMP, but CCCS cancelled my DMP due to my mortgage arrears, and i then missed 1 payment to sainsburys leading to them passing the debt to marlin. i feel ive no fight left, and im not too intelligent and dont know what really to do now. just sounding off and lightening my load today. i have just had a fright, my 20 month old just started choking, and was sick over me. i think she might have just a bit of mucus on her chest..... nervous wreck!!!

RAS

melie

take it easy. When you get the document, can you scan it or photo it and post it up, here or via something like flickr, please.

A lot of CCas are nothing of the sort

We cannot change what they have, but at least we can tell you if it is likely to be real.

melie3

RAS wrote: »

melie

take it easy. When you get the document, can you scan it or photo it and post it up, here or via something like flickr, please.

A lot of CCas are nothing of the sort

We cannot change what they have, but at least we can tell you if it is likely to be real.

thanks ras, ill try just they are getting to me now, normally im cool and collected but they are pushing the right buttons, and we are struggling to just get by at the moment my electric and gas meters seem to be on emergency more than in credit grrrrrrrrrr. its just a tough time, both our jobs are quite at risk, at least we still have our jobs for the moment. and im more than sure im not the only one neck deep in doo doo x

RAS

melie

If push come to shove, the worst they can do is put up a CCj against you and as long as you handle that well, you will be paying less than £37.50 (because I suspect you have overstretched yourself there?)

Honeybee_2

You sound very worried.

If it helps at all, Marlin appear to have made it their new years resolution to spout rubbish like this. We did a cca for them last June, nothing back from them bar one letter highlighting the Rankine case which we ignored.

Then a fortnight(ish) ago, we received a letter stating they were advising the OC to commence bankruptcy proceedings against us. Still no cca though.

melie3

RAS wrote: »

melie

If push come to shove, the worst they can do is put up a CCj against you and as long as you handle that well, you will be paying less than £37.50 (because I suspect you have overstretched yourself there?)

hi ras, is that what happens when you get a ccj then?? is that £37.50 p/m? do you go to court, or just get papers, id rather attend if i can i suppose. all scarey stuff this ...:o

melie3

Honeybee wrote: »

You sound very worried.

If it helps at all, Marlin appear to have made it their new years resolution to spout rubbish like this. We did a cca for them last June, nothing back from them bar one letter highlighting the Rankine case which we ignored.

Then a fortnight(ish) ago, we received a letter stating they were advising the OC to commence bankruptcy proceedings against us. Still no cca though.

i am very worried yes, i never celebrated new year, as i just dont think this will be 'our' year, already have my father in law in hossy with a heart attack, best mates dad past away suddenly friday, so great start so far.
i asked for my cca last january, which they sent a letter saying they havent got it, but will send it when they have. i heard nothing until last september, when they started hounding for money again, why the gap????

i work in the morning, plus then im looking after my 2 youngest 4 and 20 months, so i dont have much time to think about what i need to do, i cant think straight tell you the truth...:rolleyes: