marlin dca reckon they now have my CCA

RAS

The operative word is may (if they actually have a CCA, but the court would throw them and the case out if they do not, and would give them a rollocking if they have one but have not sent it to you when asked.

Rankine means nothing. back later

inigobloo

Hi RAS
thanks for that.

I rang the Nat Debt Line tonight, and they said that nothing in Marlin's letter (Notice of Intention to Proceed) is legally correct, and to ignore it and see what their next move is; Marlin can do nothing, as they have confirmed to me in writing they do not have a copy of my CCA. So they cannot prove I owe them and they are trying everything they can to amake me pay. It is still abit scary though, all this.So I am just waiting to see what they do next.

Regards to all, I hope some of this helps.

melie3

hi me again
well, since receiving the 'cca' looks like an application (sorry havent posted up, as camera didnt take a v good pic so didnt bother), marlin have continued to ring me, ive sent the letter posted up here about it not being a true copy of cca, and stated not to ring me again only write. they havent yet received it, but the kind gentleman said they need to speak to me in person, and as i refused point blank, he is now sending a field agent.
ok, i know i wont let him in, but im embarrassed, incase a neighbour overhears or something. is he lying or do they send these people round to harrass me further?

melie3

bumping.........

MrsTinks

Send them the "I hereby withdraw permission for you or your agents to access my property and if you do so it will be treated as harassment" letter

melie3

now 'there may be trouble ahead'.... my mbna account has been sold to link financial, a name im not familiar with, but i did google them and they seem to have a name.... i did have an arrangement with mbna, and havent missed a payment on that arrangement, but according to them they sell the debt when its 8 months in arrears:( i will be sending them the CCA request as soon as ive heard from them

RAS

Naughty naughty boys.

Nicked from fermi below.

If we are going to post CCA related letters then:

Account passed to new DCA/solicitors while the original is in default of a CCA request.

Quote:
FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.


As **original creditor/DCA** are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.

If **New DCA/Solicitors** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
Courtesy of Curlyben

melie3

RAS wrote: »

Naughty naughty boys.

Nicked from fermi below.

If we are going to post CCA related letters then:

Account passed to new DCA/solicitors while the original is in default of a CCA request.

Quote:
FORMAL NOTICE - ACCOUNT IN DISPUTE

Dear Sir or Madam,

Account number: XXXX XXXX XXXX XXXX

I must admit that I am rather bemused as to why this account has been passed to yourselves, as it is in dispute with the **original creditor/DCA** and has been since DATE.

Not only is this a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.


As **original creditor/DCA** are now in default of my Consumer Credit Act request and OFT Debt Collection Guidelines, I consider this account to be in SERIOUS DISPUTE.

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

Consequentially any legal action you pursue will not only be fully and vigorously defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

Now I would respectfully suggest that this account is returned to the **original creditor/DCA** for resolution of these defaults and breaches, as **New DCA/Solicitors** cannot lawfully pursue any enforcement activities.

If **New DCA/Solicitors** chooses to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40 as well as breaching a number of the OFT Collection Guidelines

I hope that this will not be necessary and an acceptable solution can be accomplished.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
Courtesy of Curlyben

ahhhh, sorry ras, ive misguided the thread. the new DCA is for ANOTHER debt, which up to now ive been paying with the OC, but as its 8 months in arrears they have just sold it off. unfair i think as this debt is only a grand and ive been paying them £11 p/m, alot more than i was paying when it was with CCCS, it was at £5, then they asked me to increase it to £8, when you say no they say oh its only another x amount, then they wanted more so it didnt go to DCA, so i did. and they get a lot more than my other creditors get!! just causes me more head ache from now on.....

RAS

Ok

So send them a CCA. Any chancce there are late fees on the account?

melie3

i dunno if there is any late fees ras, is there a way of knowing. my previous 8 payments have been via my debit card which mbna have the number for, so no none of these have been late. they sent me a letter asking me to pay £146 to clear arrears which i havent the money to clear. this has now resulted in being sold on.