Marlin Financial Services Ltd - DEBT COLLECTION CCJ & CHARGING ORDER PLS HELP!!

DebtFree2015_3

We have been in our DMP with Payplan for 14 months now & everything has settled down...until Marlin. Our HSBC Overdraft got passed to them and they have been nothing but rude & Threatening.

We had several missed calls from them in one day when we arrived home from work last October, I was told it was all in my name even though It is a joint debt. When I tried to tell the woman on the phone this she said I must have done something awful for him to "leave you in this mess".

Then it all went quiet until the beggining of last week. I was then told they had contacted Payplan to reject the offer last November. They said it was on the grounds of Dental & Glasses (when the woman eventually made her mind up what it was!!). I contacted Payplan who said to pass the information on to them and they would send it to Marlin.

However, Thursday night we get a call from THE most obnoxious nasty man EVER!! He informs us we have 7 days to agree to "their" payment plan or they will take us to court for a CCJ and charging order on our house!! As we are homeowners (Although only 50% of the property" we can pay them back £89 over 24 months (We currently pay £24) to pay them back!!

I asked for recordings of my previous conversations etc but all he could say was he "wouldn't comment". Also they never give a name to you when you call & nothing has been out in writing to us!!!

If any one has any advice or ideas they can offer we would be so grateful. I do not get a pay review until May & my partner in September of this year so we will not be able to incres monies to the DMP at this stage (we have increased it once last year when we had pay rises etc).

We are also going to complain to the CSA & OFT as they have been so awful to us.

Thanks

rog2

DebtFree2015 wrote: »

However, Thursday night we get a call from THE most obnoxious nasty man EVER!! He informs us we have 7 days to agree to "their" payment plan or they will take us to court for a CCJ and charging order on our house!! As we are homeowners (Although only 50% of the property" we can pay them back £89 over 24 months (We currently pay £24) to pay them back!!

We are also going to complain to the CSA & OFT as they have been so awful to us.

You must report them - there is absolutely no excuse for them to talk to you like that.

It is, unfortunately, quite commonplace for creditors, especially the banks, to try to 'ignore' DMP paymeent plans, by passing the 'debt' on to the twilight world of debt collection. In many cases, however, debt collection agencies tend to accept DMP proposals more readily than the banks, but, obviously, not in your case.
Stand by your original offer of £24 - do NOT be 'bullied' into making an offer of payment that you can not afford. You will only regret it in the future, as it will affect your ability to pay your other creditors.
Marlin should listen to your reasonable offers, and should, also, talk through Payplan, as they are handling your DMP.
Their current tactics are a flagrant breach of the OFT Debt Collection Guidelines:
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

The next time he calls, tell him to either negociate through Payplan, or take you to court. in the most unlikely event that they do take you to court, then you should, in your defence, tell the court that you are in a DMP, with Payplan, and have offered, and been paying £24 a month - Marlin are aware of this and are trying to pressurise you into making a payment that you can not afford.
The court will see that you are, indeed, serious about dealing with your debts, by virtue of your DMP, and are most unlikely to award a judgement making you pay any more than the figure agreed with Payplan.
Once a Court Order is issued, it will be just as binding on Marlin as it is on you. Any further attempts, by Marlin, to try to make you pay any more will be viewed as harrassment, which is a criminal act.

themagics

Many people have posted regarding Marlin taking court action.

Has anyone actually been to court with them???

We have been advised that we are about to (threatening phone calls)

poorandindenial

DebtFree2015 wrote: »

I asked for recordings of my previous conversations etc but all he could say was he "wouldn't comment". Also they never give a name to you when you call & nothing has been out in writing to us!!!Thanks

Utter lowlifes!!!! (for the whole post, not this bit)

You can make a subject access request under the data protection act for these recordings. LINK. If you want the phone calls you need the time and date of call, but be warned, lots of places only keep them for 28 days (not sure if this is same for all). You just need to tweak the letter you send to apply toyour situation.

desoconnor

DebtFree2015 wrote: »

We are also going to complain to the CSA & OFT as they have been so awful to us.

Hey,

I was just wondering if you ever complained to the OFT, and if the complaint was successful?

I used to be a debt collector, but hated people like Marlin. There are a lot of people trying their best to repay huge debts and people like Marlin just make it so much more difficult.

If there is anything I can do to help, I'd be glad to do whatever I can.

D3BB13

Look at Channel 4 now....Marlin's dubious (and unlawful ) ways are being exposed!!

m3rzs

D3BB13 wrote: »

Look at Channel 4 now....Marlin's dubious (and unlawful ) ways are being exposed!!

.
i watched that, aint they scum bags. befor any thing else seek legal advise. this companys cannot do half what they threaten. just tell them to talk to your solicitor. then see a different light