Help Needed Please - Marlin Letters

[slay1373]

Re: Help Needed Please - Marlin Letters

We have received a response to the LBA from Restons Solicitors which I have attached here.I have also sent Niddy copies of the previous letters including the reconstituted agreement.

Any help would be really useful, my poor OH is really suffering as her father is on his last legs with cancer in NZ and this is not helping her in any way especially the threat of court action hanging over her!

Thank you kindly in advance and for your ongoing support.

[The Tech Clerk]

Re: Help Needed Please - Marlin Letters

usual response letter keep safe for now, see what they do next?

[Still Waving]

Re: Help Needed Please - Marlin Letters

Be careful - they do say they are instructed to issue legal proceedings if they don't hear within 14 days. I think some response is called for.

[Joanna Connolly Solicitors]

Re: Help Needed Please - Marlin Letters

We have received a response to the LBA from Restons Solicitors which I have attached here.

In Paragraph 5 of Restons' letter they state "we are unaware of any valid request pursuant to s. 77-79 CCA 1974 Request being made to the creditor".

So make them aware

Send them a copy of the CCA Request (assuming one was sent to their client Marlin) with a copy of the postal order and the Royal Mail Proof of posting/Track & Trace receipt with a one-liner letter which simply says "Thank you for your letter dated 2nd June. Please see enclosed".

Do not get into a conversation with them about the recon you were sent. You don't want to flag up any errors which they might be able to remedy. It's tempting to 'meet fire with fire' when you get a strong argumentative letter from a solicitor but it's best to bite your tongue.

Less is more pre-litigation. Let's hope there won't be any court claim but you need to manoeuvre yourself (your wife) into the best possible legal position just in case.

Is the full history of this debt in a post you can guide me to?

Di

[slay1373]

Re: Help Needed Please - Marlin Letters

Don't have a copy of the track and trace, but have copy of the original letter we sent to them and marlins response. The first marlin response was for us to return the postal order with payee details, which we omitted by accident.

so can send them a copy of our sent letter. Should I send them a copy of Marlins response which states they could not find original agreement but enclosed a recon one?

- - - Updated - - -

Still awaiting a response from Niddy as to the validity of the reconstituted agreement.

[Joanna Connolly Solicitors]

Re: Help Needed Please - Marlin Letters

have copy of the original letter we sent to them and marlins response. The first marlin response was for us to return the postal order with payee details, which we omitted by accident.

so can send them a copy of our sent letter.

Can you just clarify something.

Did you re-send your CCA Request to Marlin with a postal order made payable to them?

That infamous Paragraph 5 in Restons' letter goes on to say " we are unaware of a valid request . . . . . . and the appropriate statutory fee having been paid ".

Di

[slay1373]

Re: Help Needed Please - Marlin Letters

Yes, originally sent without payee, they sent it back, we returned it and about 8 weeks later they sent a reconstituted agreement. Well beyond the 12+2 days required in the template letter sent from here.

[nightwatch]

Re: Help Needed Please - Marlin Letters

It is of no importance that it was sent after 14 days, it is only UE UNTILL they send it, they have now sent it so unless something is wrong with it it is deemed enforceable by them.

[Joanna Connolly Solicitors]

Re: Help Needed Please - Marlin Letters

First Marlin is £5956.78 for HSBC Credit Card, current agrrement is £1 a month 0% interest rate paid direct to HSBC since April 2010 but original agreement date is unknown but several years prior (5years plus).

• In October 2010 letter from Payment Services Bureau stating they were taking over day-to-day management and that current repayment arrangements were satisfactory and to continue to pay, which she has till now!!
• No further correspondence till May 2014 when Marlin wrote to inform they had been assigned the account.
• Recent letter show Original Creditor as HSBC Bank (Credit Card) and Current Creditor as Marlin Europe V Ltd.
• Balance is still falling in line with £1 payments.
• Recently letters have been getting more frequent (fortnightly) and increasingly threatening (field agents to make home visit or solicitors).
• Last one arrived today, 3rd December, dated from 15th November for this and debt below.

Second Marlin is £2164.57 for HSBC Bank Current Account, account was in joint names and opened many years ago.

1. Partner wrote to HSBC in 2010 to explain position and offered to pay £1/mth and bank stop applying interest.
2. Further letters from HSBC to both account holders stating final demands.
3. Letter from Metropolitan Collection Services in June 2011 (both names) stating they had been instructed to recover the outstanding balance. No action taken.
4. In July 2011, wrote again stating 'we note you maintaining repayments under your arrangements, this was temporary and we need to assess your position'. Reply sent with income/expenditure and that could only afford current arrangement (£1/mth).
5. Further letter from Metropolitan questioning arrangements again in March 2013.
6. First letter from Marlin on 18th of October stating debt passed to them. No action taken.
7. November, repeat letter.
8. latest letter arrived today dated 15th Novemeber(two weeks later with 7 days to act!!) but with balance reduced by £1 payment?.

I've found this post from December 2014.

Which one of these two Marlin debts is Restons chasing? It appears to be the HSBC credit card from their redacted letter which you posted up.

Di

[Joanna Connolly Solicitors]

Re: Help Needed Please - Marlin Letters

We have received a response to the LBA from Restons Solicitors which I have attached here.I have also sent Niddy copies of the previous letters including the reconstituted agreement.

Any help would be really useful, my poor OH is really suffering as her father is on his last legs with cancer in NZ and this is not helping her in any way especially the threat of court action hanging over her!.

Have you (your partner) had any further threats of court action since Restons solicitors' letter dated 2nd June where they said they were instructed to issue legal proceedings 14 days later if you didn't make payment proposals?

Di

[slay1373]

Got a county court letter from Marlin & Cabot today for the credit card debt. With the 14 Days +5 we need to act fast.

Options, as I see it are;

1. Pay up
2. Offer a payment option £10/month
3. Defend.

it went quiet for a while and last position was their letter stating they had sent the response to our CCA Request which was returned with an unsigned copy of a reconstituted agreement.

Partner is really concerned now as she needs to act fast as we only got letter today and already close to the 14 Days part as we have moved from address it was sent to.

[slay1373]

A copy of the letter is attached.

[Joanna Connolly Solicitors]

Got a county court letter from Marlin & Cabot today for the credit card debt. With the 14 Days +5 we need to act fast.

Options, as I see it are;

1. Pay up
2. Offer a payment option £10/month
3. Defend.

it went quiet for a while and last position was their letter stating they had sent the response to our CCA Request which was returned with an unsigned copy of a reconstituted agreement.

Partner is really concerned now as she needs to act fast as we only got letter today and already close to the 14 Days part as we have moved from address it was sent to.

You have 19 days from the claim Issue Date to file the Acknowledgement of Service and 33 days from the claim Issue Date to file a Defence.

I'll take a look back through your thread to see the history of this HSBC credit card debt before making any suggestions.

Let's hope you have a good reason to go for your Option 3

How did the claim form find it's way to your partner if you no longer live at the address where it was served? Marlin (is it Restons as the solicitors?) should have sent you a Pre Action Protocol 'Letter Before Claim' before issuing it so it's possible that LBC went to the wrong address too.

I know it doesn't feel like it, but it's lucky your partner has received the claim and not got a Default Judgment (CCJ) behind her back at the old address.

Di

[Joanna Connolly Solicitors]

A copy of the letter is attached.

I've edited your post to remove the claim form to protect your identity.

Di

[slay1373]

Di,

thanks, in response, the letter came tk my mums where we were staying until three months ago.

will need to check if there was a LBC letter received.

and yes it is Reston.

the only thing we didn’t do was challenge their response about having sent the response to CCA which we thought was not valid as it was reconstituted and did not have my partners signature or handwriting.