marlin dca reckon they now have my CCA

GeorgeUK

Melie, i would suggest you make a written complaint to both OFT and TS but i would also phone trading standards to put your mind at ease. If the person you speak to knows anything about CCA's, they will find this information you stated earlier very interesting.

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

Marlin are completely in the wrong here. If the debt was for HP, creditcard or a loan then they do need to provide a copy of the CCA.
For the CCJ, you will get a letter about when and where the hearing will take place. You can request it to be at a local court if the venue is not close to you. You can attend the hearing and this is when you should inform the judge that you had requested a copy of the CCA over a year ago and that you got a reply stating that they are not bound by the consumer credit act. Even if you were to lose the judgement, the judge should look at your income and expenditure and from that work out a fair and reasonable amount for payment. If that amount is too high, then you can appeal this amount and have a redetermination for an amount that you can afford.

melie3

hello all thanks for all your replies to my thread over the last few days.
well ive received the 'CCA' hence im putting in it commas, as i dont beleive it is. i have looked at sample ones on the cag site, and i think they have sent me the application form.
i dont have a scanner, and could take a pic if someone was so kind to point me in the right direction on how to put it up on here.
ill describe it
it looks like the top is missing something maybe the words 'application form' top left has the apr 0-13.9%, and asking for nectar card number (its a sainsbury advantage CC)
application creation date (giveaway???) date and time
my name, address time at my address
marital status
my occupation and work address, time with employer
income
how many other cards i own, space for balance transfer card numbers
my bank account and sortcode
my husbands name for additional card holder
and credit card insurance
and thats it.... now ive applied for a fair few cc's in my time, and i just recognise this as a simple app form, agree??????
marlin is ringing me tommorrow, obviously i know i shouldnt deal with them on phone, winds me up anyway. but what should i do now? ignore them? my intenetion isnt to avoid this debt, im not looking at getting it wiped of either, but if they are just profiteering out of me well that simpy isnt fair, not to mention i cant afford what the require me to pay.

thanks for all your ongoing support, i know you will give me some great advice and have giving me .:T

LilacPixie

Sounds very much like an application form to me.

When marlin call they will want to go thru some security questions.. just refuse and hang up.

There is a letter kicking about somewhere for such occasions. I will have a little look in a minute.

Don't let them wind you up.

GeorgeUK

BEFORE puting a picture of this up, black out the personal details and account number (if there is one) so that you aren't publishing all your private data. You should be able to download the pic to your computer and use something like paint to edit it. Save this and then use an image hosing site such as flickr to make the image available for the forum. I use http://imageshack.us/ as you don't need to sign up - just click browse, select your image and click "host it". Use one of the forum URL's so we can then see the image. Just remember to edit the details first.

fermi

May be useful?

Depending on the type of agreement, you may need to adjust the "prescribed terms"

Re: my request under the Consumer Credit Act 1974

Thank you for your letter dated 16th June 2008.

It would seem that you are of the belief that you have discharged your obligations under the Consumer Credit Act 1974 in particular section 78(1).

You have provided me a copy of an application form and I feel it is my duty to draw your attention to some serious flaws in your comments.

Firstly, to comply with section 61 of the consumer credit act 1974 which by the way refers to the signing of an agreement (Not an application), a document must conform to regulations made under the provisions of section 60(1) Consumer Credit Act 1974 otherwise it cannot be properly executed

Now then, these regulations I refer to are the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553). These regulations set out the form and content of agreements. For an agreement to be compliant with the regulations it MUST embody within the agreement, the prescribed terms laid out in the SI1983/1553 without the prescribed terms the agreement does not conform to section 60(1) 1974 and therefore cannot be properly executed as described in section 61(1) CCA 1974.

For your information in case you are unsure. The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and are inter alia: -

- A term stating the credit limit or the manner in which it will be determined or that there is no credit limit, A term stating the rate of any interest on the credit to be provided under the agreement and

- A term stating how the debtor is to discharge his obligations under the agreement to make the repayments, which may be expressed by reference to a combination of any of the following--

(a)Number of repayments;
(b)Amount of repayments;
(c)Frequency and timing of repayments;
(d)Dates of repayments;
(e)The manner in which any of the above may be determined; or in any other way, and any power of the creditor to vary what is payable.

Now nowhere on the application form that you supplied is there any reference to these terms. I wish to remind you that the absence of these terms will render a document unenforceable in court and I also wish to point out that these terms MUST be contained within the agreement and NOT in a separate document headed terms and conditions or words to that effect

Since the document you have supplied is a clear mailer application form, I cannot believe for one moment that these very important terms would be contained on the opposite side of the form, therefore they must have been contained in a separate document, which is prohibited by the SI1983/1553, as there is no clear link to them within the signature document.

Therefore, you have failed to supply an enforceable document, which is correctly executed as to be so; it must conform to the Regs under s60 CCA1974

I am of the opinion that a court is precluded from enforcing this agreement by s127 (3) CCA1974 as it is improperly executed under s61 CCA 74, the consequences of improper execution are set out in section 65 CCA 1974 and s65 sets out that only a court can enforce an improperly executed agreement subject to certain qualifications, one of those is that the document is signed and contains all the prescribed terms. Now since this document does not contain all the prescribed terms s127 (3) CCA 1974 strictly prevents the court from enforcing this agreement.

If you cannot supply me with a document, which complies with the Consumer Credit Act 1974, and ALL of the Regulations made under the Act, I shall be forced to make a complaint to Trading Standards and I will also draw this to the attention of the Office of Fair Trading .

I respectfully request you review this matter in light of my comments above and I request that you supply me the required information or alternatively confirm the account is closed and the debt written off with a zero balance.

I respectfully request a reply within 14 days of the date of this letter.

melie3

fermi wrote: »

May be useful?

Depending on the type of agreement, you may need to adjust the "prescribed terms"

wow thanks fermi, your brill lol....i refused to give my personal details on the phone other day, which she said she wouldnt be able to continue with the call, but she must have forgot, and continued with it lol.... maybe i should now pretend and say that was my 'neighbour you spoke to' lol.......

george thanks for the image hosting site, i will do that when i finish work and post up.

inigobloo

fermi wrote: »

May be useful?

Depending on the type of agreement, you may need to adjust the "prescribed terms"

Hi fermi

thats a brilliant letter in reply to Marlin.
I am new to this site, and have been reading all the advice and letters given here. I have an ongoing case with Marlin, they wrote to me quoting the Rankine case too, but they have admitted in writing that they are not in possession of my original CCA.
I asked them not to telephone me, but this last few weeks they have kept ringing my home line, their number is always with held, and now they are ringing and texting my mobile. Stepping up the harrassment as it were.
I always refuse to speak to them saying write to me, and now they have written to me saying if I dont respond within 10 days with an acceptable offer of settlement or an acceptable monthly repayment, I may be served with a court order CCj or something and a charge put on my house.

Also they keep upping my debt, I have no idea what the debt is now, it was £1,217 when I first requested a copy of my CCA.
Any advice, please ??
Thanks.
What do I do now?

RAS

Hi

Firstly, what sort of debt is this?

stapeley

hi, i,ve had all this concerning three differant alledged debts. I write imforming they failed to supply what I requested . They write back saying it does . I write back with SEE YOU IN COURT THEN . Still waiting year later .

inigobloo

RAS wrote: »

Hi

Firstly, what sort of debt is this?

Hi Ras
this was an HSBC credit card debt, i defaulted in 1999 when i was made redundant, paying a little bit ever since, then Marlin got their claws on it, I still paid every month £15, then they set their dog of war on me and he was so unpleasant, gave me i hour to agree to pay 51 a month or settle in full which was £1217. well I couldnt pay so I requested a copy of my CCA. they didnt respond within 12/2 and 30 days. I contacted Nat Debt Line who have been brilliant in their advice. Marlin sent me solicitors letter etc, but then i sent a formal complaint. I told them I wasn't going to pay any more. They responded after 10 weeks quoting the rankine case and said I was still liable for the debt. They now say I owe £2,300.Well these last few weeks they have been calling my land line and texting my mobile twice a day, now Ive just received a letter saying If I dont respond with 10 days they will take me to court and I may have a CCJ againt me or a charge on my property.
Any ideas how I can proceed further? Thanks in advance for any advice!