marlin financial and Mortimer Clarke

jules6810

Has anyone got any experience with dealing with these people?
My friend is receiving communication from them, threatening letters etc.
I am not sure on the full details, but I no its an old Northern rock loan, she thinks is from 2004/2005. The amount is for £10,400, which she has no idea where that amount has come from.
She is currently going through old bank statements, and letters to try and trace this, shes not denying she has a debt, its just the amount.

Tixy

What information have they sent her so far?
The best first response to any debt collection letter is usually the prove it letter - asking them for proof that the debt exists at the balance they claim and proof they have a right to collect it.
Letter when you know nothing about about the debt - AKA "Prove it" letter

They need to prove the debt exists, it is not for her to prove it doesn't.

Was this just a personal loan (not a mortgage/secured loan)?
Given the dates you have mentioned then she also needs to consider if the loan could be statute barred. That is has there been a period of 6years (5 if in Scotlan) where she paid nothing towards the debt and not acknowledged the debt in writing? If so and assuming they have never taken court action then the debt could be statute barred and she is not legally required to repay it.
Statute barred debts and the Limitation Acts

harveybobbles

Several options:

Ignore.
Send prove it letter.
Send CCA request.

But stay off the phone. ONLY ever deal with these scumbags in writing.

Chances are its a phishing letter..

jules6810

It was an unsecured loan, she stopped payments in april 2009, so not statute barred, yet. Shes been having letters for a few weeks and yesterday received a letter from Marlin basically saying that because no payment has been agreed, Mortimer Clarke is being appointed to take over recovery, and they should be in contact soon.
Shes pretty much buried her head in the sand over debts, but shes had enough now and wants to deal with it.
From what I have been reading these are not the nicest of people to deal with.

Tixy

No debt collectors are great to deal with, but as harvey suggests the best thing to do is never to speak to them on the phone and to keep everything in writing.

And not to be bullied by debt collectors in to offering to pay more than you can afford.

Has she replied to them at all yet?
What documentation have they sent in relation to the debt?

Before she agrees to pay anything she needs from them.
-Proof of the debt.
-A copy of the consumer credit agreement for the account.
-An explanation of the balance (i.e. a full transaction breakdown to show how the balance is made up).

So first I would send a prove it letter.
Then if they respond to that a CCA request
And if they successfully respond to that then a letter asking for a full transaction breakdown.
If they can also provide that then at that point she may need to arrange a repayment plan at a rate she can afford.

jules6810

Thanks for that information

Shes ignored all letters so far, they are just sending letters not calling, shes destroyed most of them so I cant say what they have said. She just said they keep threatening, home visits and court and have done for a while.
I will get her to send a prove it letter and see what comes back, I may be back for more advice (I will try and get her come on here herself).

jules6810

One more question if you dont mind? if shes sends a prove it letter, what should they actually send her?

longtermplanner

I see no point in sending the standard Prove it! letter. This isn't a phishing letter. She knows she owes some money.

Instead she needs to write asking for a list of all payments and debits to the account as she doesn't think the amount is correct.

jules6810

longtermplanner wrote: »

I see no point in sending the standard Prove it! letter. This isn't a phishing letter. She knows she owes some money.

Instead she needs to write asking for a list of all payments and debits to the account as she doesn't think the amount is correct.

Thanks for this information, does she not need proof that they actually now own this debt and have the right to collect it?

Sorry if I sound ill informed, this is all new to me, just trying to help her, shes in such a mess financially

Stuh

I have just recently received letters from MArlin ref my old egg loan i think after only 2 weeks of receiving the letter they sent me another one with an offer of 50% discount...mmmm! I have sent in a cca request now they have the 12+2 days otherwise i am stopping payments and going the complaint route, i expect it to probably go back to egg tbh! they have never tried to call me btw!

jules6810

Thanks for this, will you keep me informed about what happens next? I am not sure where she will go with this, I guess its not really up to me, but I might advise to do the CCA request, yes she does owe some money, but it surely cant hurt to add a bit of pressure onto these people.