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bank debt sold to Marlin

a1974red
Posts: 7 Forumite
Hi, i have a few months ago been contacted by Marlin to say that they now are collecting my old bank debt ( just over £1000)
but have had NO notification from HSBC that they would be doing this transfer. i have said to marlin on the phone that anyone could say they are now collecting on their behalf and i want proof from them in writing, and they have told me to contact the bank myself.
for the last month or so i have been getting at least one phone call (sometimes 3 or 4 missed calls!) a day on my mobile from them (i only ever answer a few as i normally dont use my mobile for anything but emergencies) and have told them to NOT call me. last week i read them the harassment act details and they finally seem to have stopped calling on mobile!
i dont want to deal with them by phone, and have asked for the info in writing, but all they send me is a letter telling me to call them!
do i have any legal standing to get them to prove they are the ones i should now be paying and not HSBC? i have seen a letter online- would sending this work?
"Dear <Contact name if you have it>
Thank you for your recent letter dated <Date of their letter>.
I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment’ and I may take action under Section 1 of the Protection from Harassment Act 1997. I may also take further action under the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing ‘alarm, distress or humiliation’, because of their frequency or manner.
Please provide verification of your claim, including a lawful contract; a hand signed invoice in accordance with The Bills of Exchange Act 1882 and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer; you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.
Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full."
Is this ^ accurate? can i insist they they give me full info in writing? and not deal with them by phone at all?
thanks.
but have had NO notification from HSBC that they would be doing this transfer. i have said to marlin on the phone that anyone could say they are now collecting on their behalf and i want proof from them in writing, and they have told me to contact the bank myself.
for the last month or so i have been getting at least one phone call (sometimes 3 or 4 missed calls!) a day on my mobile from them (i only ever answer a few as i normally dont use my mobile for anything but emergencies) and have told them to NOT call me. last week i read them the harassment act details and they finally seem to have stopped calling on mobile!
i dont want to deal with them by phone, and have asked for the info in writing, but all they send me is a letter telling me to call them!
do i have any legal standing to get them to prove they are the ones i should now be paying and not HSBC? i have seen a letter online- would sending this work?
"Dear <Contact name if you have it>
Thank you for your recent letter dated <Date of their letter>.
I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment’ and I may take action under Section 1 of the Protection from Harassment Act 1997. I may also take further action under the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing ‘alarm, distress or humiliation’, because of their frequency or manner.
Please provide verification of your claim, including a lawful contract; a hand signed invoice in accordance with The Bills of Exchange Act 1882 and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer; you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.
Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full."
Is this ^ accurate? can i insist they they give me full info in writing? and not deal with them by phone at all?
thanks.
0
Comments
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you have been reading out of date info, they dont need to provide a bill of sale.Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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Is this ^ accurate? can i insist they they give me full info in writing? and not deal with them by phone at all?
thanks.I feel this matter is serious and wish to deal with it in writing. I do not give you permission to contact me by telephone. I will be logging the dates and times of your calls and messages and should they continue, I must warn you that they will now constitute ‘harassment’ and I may take action under Section 1 of the Protection from Harassment Act 1997. I may also take further action under the Administration of Justice Act 1970 S.40, which makes it a Criminal Offence for a creditor or a creditor's agent to make demands (for money), which are aimed at causing ‘alarm, distress or humiliation’, because of their frequency or manner.
This part ^^^^^ is more or less accurate although you are quoting out of date acts.Please provide verification of your claim, including a lawful contract; a hand signed invoice in accordance with The Bills of Exchange Act 1882 and proof of agency within ten (10) days from the above date so that I may settle any financial obligation I might lawfully owe. Your said failure to provide verification of your claim constitutes your agreement to the following terms: that you are a third party interloper; you have no legal standing; no first-hand knowledge of this matter; your claim is fraudulent; any damages I suffer; you will be held culpable; that any negative remarks made to a credit reference agency will be removed and that you will no longer pursue this matter any further.
This next part ^^^^^ is complete fotl c0ck and bull.
Write that and the company will p!ss themselves laughing at you, and then completely ignore the letter.Still rolling rolling rolling......<
SIGNATURE - Not part of post0 -
he dont want to pay?Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.0
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Go to the National debtline website they have sample letters you can use on there which are up to date.Weight loss since 6/01/2014: 70lb0
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gabriel1980 wrote: »If they've stopped calling you, then what's the problem?
They'll no doubt start pursuing through alternative avenues. As will have a log of their attempts to make contact. Which will support them in any future action.0 -
Its perfectly reasonable for the OP to request proof of the debt from marlin, and also for a copy of the notice of assignment, the latter of which he should of been sent anyway.
The link below will take you to the National Debtline website, there are a number of template letters available there.
https://www.nationaldebtline.org/EW/Pages/default.aspxI’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
thank you. i did wonder if the letter was legit. but yes i still think the bank should have sent me notice. and also passed on my mobile which i would not have given them permission for as i rarely hand it out anymore.
will look at the links posted - thanks0
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