Marlin Europe V Limited / Restons Solicitors

[Rawz]

Hi,

I was hoping for advice please.

I had a HSBC Credit Card debt from a while ago, I estimate around (2000) in 2008 the balance was approximately £5000, I wasn’t working at the time and could not pay the agreed monthly payment, I had little choice but to pay them a token payment of approx £8 per month which I have been doing so each month, last year around April I received a letter from Marlin in regards to the said debt advising they took over the account. I didn’t reply to them and continued paying HSBC directly each month via standing order.

Last month I noticed the HSBC payment bounced back, i.e. showed the standing order paymentas paid but then immediately a credit back on my account (end of October). Within a couple of days, I received a letter from Marlin advising they are passing onto Reston Solicitors to deal with.

I received aletter today from Reston Solicitors advising that they are instructed by their Client Marlin V Limited to seek the immediate payment from me plus interest as appropriate. They ask that I pay them the full amount by the 26^th of November failing that they will have instructions to issue a claim against mein the county court.

They go onto say they client may be prepared to accept payment by installments or thatthey may allow me to pay specially discounted settlement figure and I should call them if interested (phone Reston).

I am wondering how I should respond to this, via a CCA request or a SAR request? Should I send this Marlin or / and Reston?

Any help would be appreciated.

[PlanB]

Re: Marlin Europe V Limited / Restons Solicitors

Hello Rawz and to AAD

Yes you should send the CCA request to Marlin if that is the name on the letter you received (not Cabot?). There's a free template letter for the CCA request here > http://forums.all-about-debt.co.uk/s...l=1#post495038

Then send a photocopy of it to Restons with a covering letter simply to say that you have sent a formal request for a copy of your credit agreement to Marlin. No need to say anything other than that.

Any questions then fire away.

Plan B x

[PlanB]

Re: Marlin Europe V Limited / Restons Solicitors

After that can you post up a bit more information about the history of this debt so we can help you to establish whether it has the potential to be unenforceable particularly if you opened the account before April 2007.

This is what we need to know:

Type of account (credit card/loan)

Date commenced (ideally before April 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)

[Rawz]

Re: Marlin Europe V Limited / Restons Solicitors

Hi,

Thanks for your reply It is Marlin:
RE: Marlin Europe V Limited v Yourself



I can’t find the letter they sent me (Marlin) last week, I might have disposed of it L, google shows the following address:

MarlinEurope V Limited,Marlin House 16-22 Grafton Road, Worthing, West Sussex,BN11 1QP


I’ll write to this address with the CCA request.


Details:

Type ofaccount (credit card/loan) – Credit Card

Date commenced (ideally before April 2007) – in year 1999 / 2000

Approx balance - £5000

Date last paid (approximate date you last made a FULL payment) - in approx 2008

Are you on arrangement or not paying – I am paying HSBC a standing order of £8per month, but last payment was returned by them (i.e. it was rejected andreturned back, I tried manually it was still retuned), end of October 2015.

Status (default/in arrears/up-to-date) - I am on a reduced payment plan andhave made payments each month up till Sept 15, Oct 15 payment was returned backby HSBC.

Account owner (who is writing to you, a DCA or the lender) – Marlin V Limited is writing to me (DCA), but Reston Solicitor is is acting on their behalf nowwith the last letter.



I have not acknowledged any debt to Marlin, I ignored them and continued paying HSBC till last month,

Thank you.

[PlanB]

Re: Marlin Europe V Limited / Restons Solicitors

Do you know when Marlin purchased the debt from HSBC?

And has HSBC sent you a Default Notice at any stage?

Plan B x

[Rawz]

Re: Marlin Europe V Limited / Restons Solicitors

Reston’s letter says: our client Marlin V Limited acquired the rights to the account on 28/03/14 and is entitled to receive payments due under the same. HSBC would be forwarding the payments each month to them I assume and because last month they bounced back the payment. I can assume thisis why Marlin / Reston would be writing to me.

I believe HSBC would have sent a default notice back in 2008 but I cant confirm for sure.
In regards to future payments, I paid each month until last month where HSBC rejected it, would I wait for the CCA reply?

[Rawz]

Re: Marlin Europe V Limited / Restons Solicitors

I have sent a CCA request (with the £1 PO) to Marlin & a copy of it to Reston

thank you for your help so far, I will let you know what they say

thanks

[Never-In-Doubt]

Re: Marlin Europe V Limited / Restons Solicitors

If you had a HSBC CC from the turn of the millenium then it's likely to be UE as they rarely demanded a signature back then - lets see what they come back with but chances are there will be faults so don't worry about Restons - yes they are bullies but we've never lost to them yet and the more claims they issue, the more we find fault.

Let's see what response you get from Marlin ref CCA. In the meantime it may be an idea to send a one liner to Restons along the lines of:

Dear Sirs,

Ref: xxxxxxxx

I write with reference to your letter dated xx/xx/xxxx.

A formal request for information under s.78 (CCA1974) was sent to Marlin on xx/xx/xxxx and I suggest you liaise with them until such time the request has been complied in full.

Yours faithfully,


Sign Digitally

[Never-In-Doubt]

Re: Marlin Europe V Limited / Restons Solicitors

Reston’s letter says: our client Marlin V Limited acquired the rights to the account on 28/03/14 and is entitled to receive payments due under the same. HSBC would be forwarding the payments each month to them I assume and because last month they bounced back the payment. I can assume thisis why Marlin / Reston would be writing to me.

I believe HSBC would have sent a default notice back in 2008 but I cant confirm for sure.
In regards to future payments, I paid each month until last month where HSBC rejected it, would I wait for the CCA reply?

Regardless that you were paying a reduced amount - HSBC have clearly decided to sell the debt for recovery or losses so if it's been assigned to Marlin / Cabot Group then they'd take over as owners and thus may pursue legal action regardless that only one reduced payment was rejected (ie last months payment to HSBC).

In this situation, it may be best ceasing payments for the time being and seeing what comes back with the CCA - at that point we can clarify the legal merits of any defence based on the paperwork etc and from there you can decide whether you want to fight them or continue paying Marlin direct (setting out a new I&E and payment plan direct).

basically, stop dealing with HSBC if Marlin are now the DCA in charge / assignees / owners.

[Rawz]

Re: Marlin Europe V Limited / Restons Solicitors

thanks, I will let you know once I hear back

[Rawz]

Re: Marlin Europe V Limited / Restons Solicitors

it's been a few day, not heard anything back yet

[Rawz]

Re: Marlin Europe V Limited / Restons Solicitors

I have also just checked the tracking, the letter to Marlin shows as delivered (20th), the letter to Reston shows as progressing through the network

[Rawz]

Re: Marlin Europe V Limited / Restons Solicitors

received a letter today from Marlin saying that they have requested the original agreement, statements and any variations of the t&c, they have placed the account on hold for now

I'll keep you guys posted and thank you for your help

[Never-In-Doubt]

Re: Marlin Europe V Limited / Restons Solicitors

Excellent. Keep us updated - when it arrives please scan it and email me