Debt Free fro Credit Cards Please Help

RedRobbo

Dear All,

I have over the past couple of years been handling my debts and have now got down from £15k to 0 but I have recently found through a credit report review an outstanding debt of £3,185.12. Originally this was with Egg and the account has been dormant since December 2007. Recently I have received demands from Marling Financial services for the total amount or else, which I responded with a letter requesting a CCA on 1st September 2013. Marlin responded within days saying that they will find the agreement and send this on.

On the 19th of September I received a letter from Marlin stating that "enclosed is a copy of the document from the original creditor for your reference". this document is a 2 page spreadsheet with personal details, address, Bank details and employment. the Headed Letter goes "we are still awaiting a copy of the Agreement and statement of account and will forward to you upon receipt".

2 days later I receive a 2nd letter from Marlin titled Statement of Account and reads.
Following is a statement of your account covering 05/02/13 to 08/08/13 opening and closing Balance of £3185.12.
If you do no pay off the full amount outstanding, we will allocate your payment to the outstanding Balance in a specific order, which is set out in the next paragraph of this statement. The way in which payments are allocated can make a significant difference to the amount of interested you will pay until the balance is cleared completely.
Payments of less than the full amount will be allocated in the following order:1 to pay any amounts of interest applied to you account, 2 to pay any costs and charges applied to your account, and 3 to pay the principal sum owed. no interested is currently payable on the amount outstanding.

then the document goes on about if you have a problem with your agreement you can resolve this with Marlin then the FOS.

So I have requested a CCA and not received on so what do I do now can you help?

Thanks in advance
Charles

Tixy

Is the CCA request the only thing you have sent in relation to this debt recently?

Are you aware of the limitation act and statute barred debts?
It sounds like there is a good chance this debt could be statute barred or about to be so soon.

When did you last pay anything towards this debt or write to the creditors/debt collector (aside from the recent CCA request)?

RedRobbo

Tixy,

thanks for getting back to me

Yes, I have only sent a CCA request.

Yes I am aware of statute barred and the date for this is on the horizon but I want to help my credit score. my last payment was back in 2009 according to marlin.

Tixy

And is that actually when your last payment was as far as you can recall?

What default date have they put on your credit file? and is that accurate?

RedRobbo

default date on my credit record is 06/12/07 as updated by marlin when they bought the debt.

fatbelly

Well you've formally requested a cca and until they produce a 'true copy' of that the account is unenforceable. As a 'true copy' could be a reconstruction, they could possibly produce something that is valid.

As for improving your credit record, this entry will drop off your record in a little over two months so there's no point trying anything at this stage, even though the default date is probably incorrect.

I note that you say 'the account has been dormant since December 2007', ' I am aware of statute barred and the date for this is on the horizon' and 'my last payment was back in 2009 according to marlin'

Do you actually believe that the 2009 date has been made up by Marlin? Do you (or they) have any evidence to back up a payment to them? If you never made a payment to Marlin then it's likely this is Statute Barred already.

RedRobbo

Fatbelly,

Firstly thank you for your response in this matter, I appreciate it.
I don't have prove of payment how do you advice that I get a copy of this?

I also need to send a 2nd letter to Marlin because I have still not received a true legal copy of a signed CCA, this will be done on Monday.
thanks again

fatbelly

RedRobbo wrote: »

Fatbelly,

Firstly thank you for your response in this matter, I appreciate it.
I don't have prove of payment how do you advice that I get a copy of this?

I also need to send a 2nd letter to Marlin because I have still not received a true legal copy of a signed CCA, this will be done on Monday.
thanks again

As far as the non-appearance of a cca agreement goes, the ball is in their court, though you could tag it on to a letter about the made-up payment date. This is such a common tactic by DCAs that there is a standard letter -post#8 in this thread

https://forums.moneysavingexpert.com/discussion/2606811

RedRobbo

sorry for the late reply, so here is an update, I sent a 2nd letter received 01/10/13 and I have had nothing in reply. I have now checked on my credit report which states the Default date as 12/12/2007. does this mean the debt will be removed from my credit report in December, as the DCA inform me that the last payment was in 2009?

thank you for you help in this matter all, much appreciated

RedRobbo

can anyone help with me confirming the date of my Default date, is this as stated on my credit report?

2nd to this I have also received a letter from my DCA confirming that they have received my letters but are still waiting for a copy of the CCA and will forward this to me upon receipt, I have been waiting 2 months now for this? What do I do next?

thank you in advance.

Tixy

The whole entry will drop off your 6 years from the date of default as shown on that credit file.

It will drop off regardless of any later payments you made after the default date shown on file.

I wouldn't do anything 'next' until/unless they send you a CCA.