Help Needed Please - Marlin Letters

[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

[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.

[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.

[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

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

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

[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.

[The Tech Clerk]

Re: Help Needed Please - Marlin Letters

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

[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.

[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

[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

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

[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

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

[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!