Marlin financial services

rayday2

They could but pretty sure they won't you can have a charging order if they take you to court and get a CCJ, I think then if you don't pay the CCJ or something they can request a charging order, its definately somewhere in that process not sure of the ins and outs personally.

Thing is they are so incompetant there is no way if she words things write and threatens to take it to OFT that they are going to risk a day in court!

melie3

rayday2 wrote: »

They could but pretty sure they won't you can have a charging order if they take you to court and get a CCJ, I think then if you don't pay the CCJ or something they can request a charging order, its definately somewhere in that process not sure of the ins and outs personally.

Thing is they are so incompetant there is no way if she words things write and threatens to take it to OFT that they are going to risk a day in court!

they are saying that they are going to put a charge on my property yep. its a sainsbury credit card, i owe 3,500 to. im not sure what ccj entails, not had any and dont know of anyone with. as far as i know if its added to property, its only if home was sold does it have to be paid in full. i guess credit rating is shot to pieces ( i expect it already is).
rayday, im not sure i even know how to word it right lol. maybe later tonight when kids a bed i will have a think about what i do write. im livid enough just to call the other person about his letter, who knows maybe he is already a fellow poster:o??

rayday2

Well I know a few people have had success reading that link and thinking to how they have been treated, take your time and make some notes and then just see how the letter flows. Big issues is make sure top of the letter in caps FORMAL COMPLAINT you know they have treated it as such if they send you a leaflet back in reply about complaints!

Next thing is to make sure you quote the OFT guidelines where they have broken any if any.

Mention the fact they broke the law regarding data protection - this as we all know is a hotty at the moment in the news.

With charging orders in a way it can be good news they usually can't press for any more higher monthly amounts and yes if you sell the house you pay it back but by then hopefully you could be coming into cash anyway. The fact that it is harder to raise the monthly amount is usually the reason they don't bother with them it costs them an awful lot in court costs and you are making a pefectly reasonable payment.

For example, I owe a Sainsburys credit card, mine is now with with Blair Oliver & Scott originally the debt was over £2k and I pay them £20 a month so fight!

GeorgeUK

Time to cause trouble methinks.

I would write to the person who's details you received, tell them you informed the company, who laughed, tell them about this forum incase they may find it of use, then suggest that they make a complaint to the Information Commissioners Office for breach of Data Protection guidlines.

I take it your CCard debt isn't statute barred (not enforcable after 5/6 years without payment) and you've requested a copy of the CCA from Marlin (otherwise the debt isn't proven to be yours and not enforcable until a copy of the CCA is provided).

Now that's causing trouble!!

melie3

GeorgeUK wrote: »

Time to cause trouble methinks.

I would write to the person who's details you received, tell them you informed the company, who laughed, tell them about this forum incase they may find it of use, then suggest that they make a complaint to the Information Commissioners Office for breach of Data Protection guidlines.

I take it your CCard debt isn't statute barred (not enforcable after 5/6 years without payment) and you've requested a copy of the CCA from Marlin (otherwise the debt isn't proven to be yours and not enforcable until a copy of the CCA is provided).

Now that's causing trouble!!

my cc debit isnt statute barred, and i havent requested a copy of the cca as i only received letters yesterday, but im expecting marlin to call soon so i will have them send it. im aware there is a timescale for them to send copies, how long though??

rayday, ive got my boxing gloves on!!! thanks everyone for all your input today
kind regards mel

melie3

hi again all in the know,
right ive just spoken to marlin, they have said, regarding the letter to other debtor, they are writing to him telling him whats happened (dont believe them). asked if i can have my CCA, woman said that i need to put in writing with a £1 cheque. also she said that she has noted that i want CCA and that they dont actually have it, they need to pass it to their client to send it. i asked if sainsburys is the client, she said no 'Phoenix' is the client. in the letter its worded that marlin are phoenix's servicing agent, and that all contact is through marlin. she said that the cca has timescale of 12days but it will be longer because of the marlin/phoenix thing.
also in letter it says
phoenix will comply with any request for a copy of the personal info (is this the CCA??) that is held ablut me in its records, and that if i want a copy, i need to send request along with £10 admin fee to marlin.
this all sounds like BS to me
what do you all reckon
kindest regards mel

GeorgeUK

The £10 thing is probably for a "Subject Access Request" - can't see any reason why you'd want that so just ignore it.

By law they have 12 working days (+2 for delivery say) to produce the CCA. Just make sure you don't send any letters to them with your signature on it. Also you will need to send the £1. Postal Orders are the norm for that. And send it by recorded delivery.
http://forums.moneysavingexpert.com/showthread.html?t=578486

melie3

GeorgeUK wrote: »

The £10 thing is probably for a "Subject Access Request" - can't see any reason why you'd want that so just ignore it.

By law they have 12 working days (+2 for delivery say) to produce the CCA. Just make sure you don't send any letters to them with your signature on it. Also you will need to send the £1. Postal Orders are the norm for that. And send it by recorded delivery.
http://forums.moneysavingexpert.com/showthread.html?t=578486

hi george,
read a few of the posts in link, so they have to reply within 30 days with the cca. as i said before, the woman at marlin said that it WILL take longer than the 12 days as they will have to ask phoenix for it. im not the brightest button, but im sure i can suss it out somehow.
thanks again much apprieciated

angiegofton

not really a reply, but just some info if any use. we recieved a letter from arrow global limited, who said they had appointed marlin finacial services to recover an outstanding debt to lloyds tsb, that had been paid in full to moorcroft group.this was paid in 2006, and luckily we had paper work to prove this. let marlin group know this, sent photo copy eveidence, never heard another word, not even sorry or thanks.
these seem to be onother one of those companys that ar e 'buying' old debts and statute barred debts please beware, if you recieve any letter from these sort of companies, google them, i bet you will find a lot of info:T

Cool_Chick

Hi, I'm another newbie!

I just want to let you know about my experience with Marlin. I incurred a Credit Card debt with First Direct in Aug 2005 when I bought a property. As a First-Time Buyer, I think that's quite common. They bumped up the balance to around £6k by adding the usual fees and interest (which I'm trying to claim back via Martin's Bank Charges Reclaim. Approx £3.5K).

They then passed it over to a debt collection agency called Metropolitan. I set up a direct debit and made small repayments every month without fail. No problems to here!

In October 2007 I then received a letter from HSBC saying they had passed my debt to Phoenix S.A.R.L. I also received a letter from Marlin saying Phoenix had passed the debt to them. I think Phoenix now owns the debt, but Marlin have been instructed to collect it. This gives them distance from debtors under Contract Law which means they do not necessarily have to abide by all the usual rules.

I wrote to Marlin and they refused to confirm their relationship, and they refused to provide statements to clarify the current balance (which I dispute). They have just kept demanding full repayment of the debt, no more instalments.

I am currently temporarily unemployed so cannot afford the full repayment. They wanted me to fill in a lengthy payment schedule and provide photocopied evidence of my benefits and other creditors - I later found out that you DO NOT need to do this, as per the Office of Fair Trading guidelines.

I ensured that I did not give them a phone number for me as I knew they would harrass me for payment.

After receiving my version of my payment schedule, they said that they want the full repayment as I am a home-owner. Instalments are not acceptable. They have threatened a CCJ and Charging Order against my property.

I called the National Debtline and they kept insisting that I shouldn't worry until I receive the Court Order. They have said that this is NOT a priority debt. I must keep making small monthly payments (I send Marlin a cheque as they refuse to give direct debit details) then call them if I receive the Court Order. They seem to think that Marlin won't act, but Martin Lewis's comments say that debt collection agencies are going straight to CCJs and repossession very quickly at the moment.

Marlin have broken the OFT guidelines with me by refusing to negotiate repayments, so I could make a formal complaint. HOWEVER, I will NOT. Even if I complain, they are still allowed to move to a CCJ. Complaining does NOTHING, just ensures that Marlin will move you to the top of their hitlist.

So I am having sleepless nights worrying about the CCJ. When it goes to court, the Judge will only look at my payment schedule and agree with my offered repayments, but having a CCJ stays on your file for 6 years. Also, as I work in the Financial Services, it will mean that I will never work again and it will take longer for Marlin to get their money. I am currently asking them to issue a Tomlin Order against me instead of a CCJ. The effect is the same, but it does not go against my credit record for the next 6 years. However, I do not think Marlin will care what I want, they will do whatever they can to make life harder for debtors.

A Charging Order will only be granted by the Judge if you fail to make the agreed repayments. This means that Marlin will then have a secured debt against my property. If they wish, they can then eventually push for me to sell my property in order to repay the loan, but I believe that this final action takes a while to go through the courts. If it gets to this stage, I think it would be best to sell independently and at least get a fair market value for my property than have them force me to sell at a desperate price.

Sorry to bore you all with my long comment, but I do have one question. As a CCJ would end my career and make me suicidal, can anyone suggest how I could get hold of £6k just to make the full repayment and get rid of Marlin? I know Martin says not to borrow to get out of debt, but could I take on a 0% on purchases credit card? Would it be possible to get a credit card, withdraw cash, pay off Marlin, then transfer the balance to a 0% Balance Transfer card? I think I can handle being a Rate Tart (being unemployed makes you aware of the calendar!), and I might find someone to give me credit. And I should be working again soon as I will be able to start repayments. But can I withdraw cash on a credit card?

Any help would be gratefully received!