Help with Marlin

[Pixie]

Re: Help with Marlin

You're quite right Ken.

We've all gone along with doing "the right thing"...struggled to pay when we couldn't afford it, offering token payments etc

OCs and dcas like to try to scare you with letters in big red capitals and making threats, many of which are a loooong way down the line, if they happen at all. They expect you get scared stiff and pay up.

What this forum does is give you the tools to fight back...and the OCs and dcas don't like it when you don't follow the rules of their game...so they often move on to someone else who will just roll over (because they don't know any different)

According to wikipedia

Marlin are rarely table fare, appearing mostly in fine restaurants. Most modern sport fishermen release marlin after unhooking.

[julian]

Re: Help with Marlin

Ken, I don't think there are smokers big enough for Marlin. They stink enough already.

You are right regarding strategy. If you ignore them, they may go away, or they may not. If you respond to their taunts you do need to know how to respond. They may go away or keep you in their sights.

So 'you need to know when to hold'em and when to fold'em' which ain't easy. Going it alone is really hard, and many of us are here on the rebound after having found the site too late for initial victories. Sometimes it helps to work out the right way just by writing down your thoughts and having them criticised.

[Rascaljesse]

Re: Help with Marlin

....does anyone know if ....in response to a cca request a dca says that the account is not regulated and a cca doesn't exist, and that they have requested a statement of account.......is this likely to mean that they know it doesn't exist or is it just that they are in the process of finding out exactly what they have bought? What I'm trying to say is do the dca know what type of account they have bought before they send out their hello letters??
Thanks

[Deepie]

Re: Help with Marlin

....does anyone know if ....in response to a cca request a dca says that the account is not regulated and a cca doesn't exist, and that they have requested a statement of account.......is this likely to mean that they know it doesn't exist or is it just that they are in the process of finding out exactly what they have bought? What I'm trying to say is do the dca know what type of account they have bought before they send out their hello letters??
Thanks

They haven't got a clue what they have bought .....

[Rascaljesse]

Re: Help with Marlin

....so would it be normal practice to return the £1 whilst they find out what they have bought?

[Deepie]

Re: Help with Marlin

....so would it be normal practice to return the £1 whilst they find out what they have bought?

Sometimes they do....

[Rascaljesse]

Re: Help with Marlin

Just wondering, if a personal loan is lumped together with an overdraft before being absolutely assigned to a dca, as the HSBC sometimes do. Does this create problems for a dca who have purchased this debt (is it enforceable) . do they revert back to the original cca and seperate od terms for the purpose of a claim, if they can find it)

[Rascaljesse]

Re: Help with Marlin

In trying to answer my own question, does this apply??

if no new regulated (modifying) Agreement was issued in relation to the amalgamated balance on more than one account, then attention should be drawn to CCA 1974; s 82 (2/3):

82. - (2) Where an agreement (a "modifying agreement") varies or supplements and earlier agreement, the modifying agreement shall for the ourposes of this Act be treayed as -

a) revoking the earlier agreement and

b) containing provisions reproducing the combined effect of the two agreements, and obligations outstanding in relation to the earlier agreement shall accordingly be treated as outstanding instead in relation to the modifying agreement.

(3) Of the earlier agreement is a regulated agreement but (apart from this subsection) the modifying agreement is for running account credit, it shall be treated as a regulated agreement.

......if it does ..... In laymans terms do/can they provide any kind of agreement to substantiate a claim,??
Sorry if I seem a bit thick ere! Thanks

[PlanB]

Re: Help with Marlin

In trying to answer my own question, does this apply??

if no new regulated (modifying) Agreement was issued in relation to the amalgamated balance on more than one account, then attention should be drawn to CCA 1974; s 82 (2/3):

82. - (2) Where an agreement (a "modifying agreement") varies or supplements and earlier agreement, the modifying agreement shall for the ourposes of this Act be treayed as -

a) revoking the earlier agreement and

b) containing provisions reproducing the combined effect of the two agreements, and obligations outstanding in relation to the earlier agreement shall accordingly be treated as outstanding instead in relation to the modifying agreement.

(3) Of the earlier agreement is a regulated agreement but (apart from this subsection) the modifying agreement is for running account credit, it shall be treated as a regulated agreement.

......if it does ..... In laymans terms do/can they provide any kind of agreement to substantiate a claim,??
Sorry if I seem a bit thick ere! Thanks

What happened next after you sent your SAR to HSBC and your CCA request to Marlin

[Rascaljesse]

Re: Help with Marlin

Not heard anything from anyone..... yet!!
Would love to think that the above reference to amalgamation is relevant to me though!!

[Rascaljesse]

Re: Help with Marlin

Not heard anything from anyone..... yet!!
Would love to think that the above reference to amalgamation is relevant to me though!!

....or maybe not? Just read it again and confused myself.

[Never-In-Doubt]

Re: Help with Marlin

We're discussing it here as well --> More than one account with same DCA at the same time - allaboutFORUMS

They cannot just amalgamate debts, no.

[Rascaljesse]

Re: Help with Marlin

Has anyone noticed the amount of 'activity' on the other forums re. Marlin!!!!!

[Rascaljesse]

Re: Help with Marlin

Well they defo amalgamated my loan and overdraft.

The loan was added to my current account/ overdraft, they terminated the loan as if I had settled it early (ie) less the remaining interest.

The balance has then been added to my current account and this amount is what the last four/five dca's have been chasing.

Could hsbc have used their right to offset ? Is this allowed?

Anyone have any ideas if this is enforceable ?(it's post 2007)