Help with Marlin

[Rascaljesse]

Cant seem to find where to put this, .........
hi, am looking for some advice re. Marlin dca, they have sent me notice of assignment for two hsbc debts, one cc and one personal loan, have not paid or made any contact with anyone since june 210' but after looking through my 'stuff' I would say if they can get hold of copies of 'my stuff' that these debts if pursued correctly are quite enforceable, given marlins aggressive approach, my questions are
1 using template letters, how long could I expect to fend them off before they get a ccj and I then imagine an interim charging order on my property.
2 if i posture up and make it look like i want to fight .....at what point in the proceedings do I become liable for large costs

Ideally I w ould like to keep my head down until summonsed so I can try to sell my property. So do not want to draw attention to myself by sending template letters just yet!

Or would I be best trying to set up some kind of payment plan with them until I can get rid of my house? Then do a runner!!!

I have quite a bad feeling about the way marlin seem to be conducting their business recently and I guess my main priority would be to try to safeguard my property or at least any equity that I have, I guess what I am saying is that if the shit hits the fan
How long could I string em along until I sell my house (I think I would then be in a better position to negotiate a full and final settlement ) ....or not.
Thanks

[MrsD]

Re: Help with Marlin

Welcome to AAD

Your not alone with these Marlin assignments, many of us on here have had them too, for various old debts. Sticking your head in the sand with Marlin is not a recommended tactic, you probably need to make them aware you are not just going to bend over here, but more of that later.

If you haven't paid since 2010, you are well on the way to statute barring so I would hold steady for a minute and let's look at all the options.

Is selling your house a knee jerk reaction to these letters or were you intending to anyway?

It would help us to help you if you could give a wee bit more info on the debts.

Have you sent for CCAs?
amounts and orignal date taken out?

if you could lay it out like this, it would help.

Type of account (credit card/loan)

Date commenced (ideally before Apr 2007)

Approx balance

Date last paid (approximate date you last made a FULL payment)

Are you on arrangement or not paying

Status (default/in arrears/up-to-date)

Account owner (who is writing to you, a DCA or the lender)

[Rascaljesse]

Re: Help with Marlin

Ok thanks
Cc pretty old maybe pre 2000 and its about £5k

Personal loan is from late 2007 and its £10k ish

Last payments made early 2010 on both accounts

Both accounts defaulted correctly I think

No contact by myself with anyone since then

I haven't cca'd any of the accounts

Marlin have sent letters of assignment supposedly from HSBC

Selling the house is a slight knee jerk reaction but if I could I may be
able to negotiate a better settlement should the worst happen!
Thanks

[ken100464]

Re: Help with Marlin

Long way to go Jesse.

I have a Marlin account. Have got them into a place where we both know the other dont mess about.

Its a stalemate.

Think the best way to think of Marlin is they are not mythical DCA's. They are just pro active and will use litigation if they sense it is a useful tool to get their way.

You just have to make sure they dont sense this with you.

The more information you give the forum without obviously giving your name away as its a public forum the better the advice is.

Certainly dont think that level of debt with advice from here will cause you to need to sell.

Scarey times at first but it will come good.

[MrsD]

Re: Help with Marlin

OK thank you

Hold fire with the house selling!!!!

way ahead of yourself at the moment thinking of settlements

I would be sending off a CCA letter to Marlin for each of these accounts

CCA Request - allaboutDEBT UK


make sure you amend where necessary, let's see what comes back, then we can go forward.


In the meantime you should try to read us much of the forum and UE as you can, a well informed template sender is the best kind.

try not to worry, as Ken says, you just have to make them aware that they are not going to roll over you.

[Rascaljesse]

Re: Help with Marlin

My thinking behind not cca'ing marlin has been that I didn't want to draw anyone's
attention to the fact that my debt may be enforceable, I also
think that the reason the in house dca didn't do anything
about the debt is that they have access to our accounts and can
see that i earn a pittance and that it probably wasn't worth the cost of
the litigation and the likely return, from what I can gather marlins
purchase of the accounts is more likely to end up in the court if
they turn up with the correct paperwork, and then put a charge on my
property. I was thinking maybe that I could place the account in dispute
Once a summons is issued, .....any thoughts??? Thanks

[MrsD]

Re: Help with Marlin

you can't just place an account in dispute, it doesn't mean anything unless you ahve a reason

there could be a hundred reasons why you never heard from the inhouse DCA from their total incompetance to misfiled paperwork to luck of the draw.

Marlin cannot just put a charge on your property without going through some very defined hoops, it's not their decision, it would a court's decision.

I think you need to run through the UE parts of the forum to fin out how UE works, as our preferred solicitor is always saying, "the devil is in the detail" but you need to find the detail

[Never-In-Doubt]

Re: Help with Marlin

My thinking behind not cca'ing marlin has been that I didn't want to draw anyone's
attention to the fact that my debt may be enforceable, I also
think that the reason the in house dca didn't do anything
about the debt is that they have access to our accounts and can
see that i earn a pittance and that it probably wasn't worth the cost of
the litigation and the likely return, from what I can gather marlins
purchase of the accounts is more likely to end up in the court if
they turn up with the correct paperwork, and then put a charge on my
property. I was thinking maybe that I could place the account in dispute
Once a summons is issued, .....any thoughts??? Thanks

Hi - are you cutting/pasting your replies? I'm checking the script as your text is all over the place....

[Rascaljesse]

Re: Help with Marlin

Sorry, I was using my phone!!!! I'd also like to mention that this is a really good site, thank you

[Never-In-Doubt]

Re: Help with Marlin

Sorry, I was using my phone!!!! I'd also like to mention that this is a really good site, thank you

Lol that answers it. No worries thanks

Glad you're getting some answers to your queries. Thing is you do have to be careful with Marlin however at some point in the next month I'm going to get hold of some contacts and see whether we have enough to get Marlin reprimanded because they are the scum of scum as far as DCA's go.

Regards your points above, you need to get the cca first. Definitely.

Stop worrying about CCJ's etc. they need to follow a long process which we'd guide you along in counter-arguing plus you can make an agreement the night before any court action if necessary.

They can be beaten. I'm proof of that

[Rascaljesse]

Re: Help with Marlin

Cheers, will do the cca request see what comes back.......many thanks

[Rascaljesse]

Re: Help with Marlin

....can anyone offer any wisdom regarding why some debts are sold/assigned by the original creditor and others aren't (ie) why are some debts sold to dca's and others pursued through the courts? Is it a lottery or is the debt assessed before being moved on??? Thanks in advance

[Pixie]

Re: Help with Marlin

You're assuming there's some logic to the way creditors/dcas operate - there isn't!

As far as I know it's pot luck...though someone could prove me wrong.

[julian]

Re: Help with Marlin

They use the same method as teams are picked in the playground e.g. best friends, friends, brothers, fast runners,people who can kick a ball without falling over, people with proper boots, people without glasses, people who don't annoy us.

So, there is apparently no proven criteria, although the use of computers with expensive twiddly bits is advertised to select victims who will roll over and pay up.

[ken100464]

Re: Help with Marlin

Agree with Pixie.

However I think you can lessen the odds.

Creditors dont like clients who wriggle. Your supposed to just take it like a man. Stiff upper lip and all that.

So inaction I believe unless following a well thought out strategy to tie the creditor in knots is basically telling them you aint going to defend much if any.

The more they doubt themselves the less likely the court room will loom.

This forum opens your eyes to everything we all did wrong when dealing with the financial institutions.

I doubt our scummy OC would have a CCJ and CO on us if I knew what I know now.

And if that hadnt happened I wouldnt have the big fish to deal with either.

So its all about getting ahead of the herd, learning to wriggle like its the new pilates and using the law to tie them up like a kipper.

Wonder what a smoked Marlin is called?