Help Needed Please - Marlin Letters

[slay1373]

Re: Help Needed Please - Marlin Letters

Yes we did, sent this on the 5th December 2014, didn't get their response till 9th March 2015, well outside the statutory 12+2 days. We therefore deemed it unenforceable.

[Roger]

Re: Help Needed Please - Marlin Letters

I am trying to piece what you have or haven't done together.
Its better to set this Out as per the Uneforceable Diaries.

Picking up on what you have said
"we had received a response to the SAR some time ago which contained an unsigned reconstituted agreement for a credit card from July 1999."

Have you sent a S.78 Request to Cabot (enclosing £1)? The Consumer Credit Act requires the sending of the £1.

http://forums.all-about-debt.co.uk/showthread.php?17452-AAD-Free-Template-Letters

CCA Request (s.77, s.78, s.79)

Do this straight away the CCA request to Cabot (with PO for £1,00) and a copy of that CCA letter to Restons. Enclose it with the LBA letter.
When and If you are sent that CCA send it in to Niddy to look at!

Its good you have that SAR material.

[cymruambyth]

Re: Help Needed Please - Marlin Letters

As Roger gas said, send the LBA to Restons and if you receive a claim through the post let us know as we have access to a brilliant solicitor. The LBA is a letter before action that has been written to cover legal angles and sometimes but not always delays the issuing of proceedings; unfortunately Restons have been a bit litigious recently.

[Roger]

Re: Help Needed Please - Marlin Letters

Where and what is tbe LBA 2016?

http://forums.all-about-debt.co.uk/s...mplate-Letters

Edit - Jan 2016 - use this template if you receive a threat of legal action and have previously done a CCA Request --> New LBA Response - 2016

[slay1373]

Re: Help Needed Please - Marlin Letters

Where and what is tbe LBA 2016?

[Roger]

Re: Help Needed Please - Marlin Letters

Update; we have had a new letter from a company called Restons Solicitors informing my OH of action on behalf of Cabot Financial, appointed by Marlin for the debt saying we must send money to them by 19th of May failing which, we have instructions to issue a claim against her in County Court.

we had received a response to the SAR some time ago which contained an unsigned reconstituted agreement for a credit card from July 1999.

on receipt of this letter my OH stopped paying. What can we do now as they have only given her 14 days to respond from a letter received today 10/05 but dated 05/05 therefore only having 9 days effectively to respond. Her EX has left her in debt and she feels really stressed now with two young kids and this hanging over her head.

i am due to leave UK In a week and she is really worried about this threatening letter. PLEASE HELP!! TIA

You need to send Restons the AAD LBA -2016

[slay1373]

Re: Help Needed Please - Marlin Letters

Update; we have had a new letter from a company called Restons Solicitors informing my OH of action on behalf of Cabot Financial, appointed by Marlin for the debt saying we must send money to them by 19th of May failing which, we have instructions to issue a claim against her in County Court.

we had received a response to the SAR some time ago which contained an unsigned reconstituted agreement for a credit card from July 1999.

on receipt of this letter my OH stopped paying. What can we do now as they have only given her 14 days to respond from a letter received today 10/05 but dated 05/05 therefore only having 9 days effectively to respond. Her EX has left her in debt and she feels really stressed now with two young kids and this hanging over her head.

i am due to leave UK In a week and she is really worried about this threatening letter. PLEASE HELP!! TIA

[MrsD]

Re: Help Needed Please - Marlin Letters

how can they reconstitute if they can' find the orginal? How do they know what was in it?

I'd send http://www.all-about-debt.co.uk/inde...escribed-terms

[slay1373]

Re: Help Needed Please - Marlin Letters

Marlin sent another letter yesterday relating to the credit card debt of £5995.

it contained photo copies of the terms and conditions from the time of application. And a hand written re-constituted application that they have completed themselves with no signature.

in the letter they have stated;

we confirm HSBC have been unable to locate a copy of the original agreement, however please find enclosed a Reconstituted Agreement, which should:
- Tell you what your original agreement was, and if any changes made to it later.
- include your name and address at the time you first signed it, but it doesn't have to include your signature, or the date you signed it
- include the statements about your rights that were in the agreement you signed.

therefore the document supplied is a "true" copy reproducing the original terms and conditions and format of your agreement but omitting signatures. As a matter of law, the documents we provided previously (never received any!!) constitute a "true copy"'of the executed agreement.

Not sure if this is right or not, but anyone could cobble it together, which they obviously have as it's not my partners handwriting either!!

What next??

[MrsD]

Re: Help Needed Please - Marlin Letters

I haven't heard from some of mine for over 3 years........................you just have to wait and attempt to get over the SB line, 6 years in England, 5 in Scotland. Sometimes they admit they can't enforce, more commonly they just keep sending daft letters asking you to pay. That's the only way to play this, you need patience and you need to just go with the flow. If it looks like it's going to go shit up , you can come to some arrangement at that point, but you are just beginning, long way to go with both of these.

[slay1373]

Re: Help Needed Please - Marlin Letters

hold the bus

that isn't a lawful CCA, I can tell without anyone even seeing it, it's a bunch of T&Cs

does it have your name and details on it anywhere?

I would just send off http://www.all-about-debt.co.uk/inde...tions-received

do it on Monday and meanwhile chill for the weekend, you're a long way from offering them anything

Mrs D,

just need to clarify, this debt is pertaining to a Joint Account, for which Pixie's letter was an experimental as the overdraft is in effect credit.

more importantly, how will we know if the other CC debt can be classed unenforceable? They have not responded for over 6 weeks from our original letter.

[MrsD]

Re: Help Needed Please - Marlin Letters

hold the bus

that isn't a lawful CCA, I can tell without anyone even seeing it, it's a bunch of T&Cs

does it have your name and details on it anywhere?

I would just send off http://www.all-about-debt.co.uk/inde...tions-received

do it on Monday and meanwhile chill for the weekend, you're a long way from offering them anything

[slay1373]

Re: Help Needed Please - Marlin Letters

Pixie,

had a package from Marlin with statements from account and copy of terms and conditions but nothing else and a letter saying to contact them to clear the debt. Thinking of writing to offer £5 as we have ceased all other £1 payments to start the SB clock ticking.

however, still not heard anything on the Credit Card debt from them? Is there a letter we can send to acknowledge we have received nothin in the 14+2 and that in our view this is now unenforceable?

regards

[nanna58]

Re: Help Needed Please - Marlin Letters

Agree with Mrs D.

[MrsD]

Re: Help Needed Please - Marlin Letters

but it'll never be SB if you keep paying the £1........................personally I'd stop