Help Needed Please - Marlin Letters

[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

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

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

[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

Where and what is tbe LBA 2016?

[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

[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

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.

[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.

[slay1373]

Re: Help Needed Please - Marlin Letters

Thank you, LBA being sent tomorrow. Is it worth sending them any copies of the original letters we sent to Marlin in our LBA to Restons? As this identifies that they failed to respond with the information within the 12+2 statutory time scales as written in the CCA request letter?

Also, on what grounds can a reconstituted agreement be accepted? As they could have written the details in themselves!

[nightwatch]

Re: Help Needed Please - Marlin Letters

don't send anything else, just the LBA. this tells them all they need to know for now.

[nightwatch]

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.

You deemed it UE on the grounds that it was sent in March?
It is deemed UE till they comply with your request, did you send the Missing Prescribed terms letter that Mrs D said you should in March 2015?
If so did you get any reply?

did you send the CCA you received to Niddy to confirm, even though they said it was a reconstruction webmaster@all-about-debt.co.uk

[nightwatch]

Re: Help Needed Please - Marlin Letters

Thank you, LBA being sent tomorrow. Is it worth sending them any copies of the original letters we sent to Marlin in our LBA to Restons? As this identifies that they failed to respond with the information within the 12+2 statutory time scales as written in the CCA request letter?

Also, on what grounds can a reconstituted agreement be accepted? As they could have written the details in themselves!

Restons don't always follow the rules and check that the paperwork is in order, they forge ahead in the hope that you don't have any idea of what is allowed and what isn't.
Thats why we have this site and a fantastic Solicitor and team that works hard to help kick some butt

[slay1373]

Re: Help Needed Please - Marlin Letters

You deemed it UE on the grounds that it was sent in March?
It is deemed UE till they comply with your request, did you send the Missing Prescribed terms letter that Mrs D said you should in March 2015?
If so did you get any reply?

did you send the CCA you received to Niddy to confirm, even though they said it was a reconstruction webmaster@all-about-debt.co.uk

I am not sure if we did send the reply Mrs D referred to, I will have to check my records on my work laptop. Is it essential we did and I guess it is too late to do that one now, and seems that this has been passed to Restons now to deal with.

I will scan the documents we received with the CCA request to the email above.

Thanks in advance

[nightwatch]

Re: Help Needed Please - Marlin Letters

I am not sure if we did send the reply Mrs D referred to, I will have to check my records on my work laptop. Is it essential we did and I guess it is too late to do that one now, and seems that this has been passed to Restons now to deal with.

I will scan the documents we received with the CCA request to the email above. good, make sure you put your username in the title and a link to this thread, don't blank anything out only niddy will see it.

Thanks in advance

No, it's not that important now, if you had you would have the proof that you raised a dispute at the time,
Just get the LBA sent asap, Recorded delivery so you can get the tracking as proof you sent it and they received it.
let's nip this in the bud if poss. NW