UE diary/debt mountain

[Joanna Connolly Solicitors]

Hi Di,

Yes I have an update for 2 of these as below

• Original creditor LTSB loan
• 2008
• Currently £5112. Originally £10400
• 2009
• Was paying £5 per month but stopped pending CCA
• Defaulted in 2010 and dropped off file 2016
• Loan sold 28/11/2013 to MARLIN EUROPE V LIMITED. All correspondence now via Cabot Financial Europe who manage the debt

15/04/2020 - CCA Request
17/04/2020 - signed for
23/04/2020 - letter from Cabot Financial Europe received to advise they do not hold the info so will ask OC for this - I have ceased payments until complied with
10/06/2020 - Letter from Cabot Financial Europe with copy of CCA and various statements/screen prints. Sent to Niddy to check.
12/06/2020 - Niddy advised CCA looks enforceable

Hello

Can you update on this debt owned by Marlin.

Have you heard any more from Cabot (who were writing to you) and I'm not sure whether you are still paying this one.

Di

[Joanna Connolly Solicitors]

Well I shall leave be then. And see what happens!

Good plan based on what you’ve posted on your thread so far

Di

[Markus98765]

Well I shall leave be then. And see what happens!

[Joanna Connolly Solicitors]

Hi Di,

My SAR request has been returned from Lloyds TSB. (Marlin owed since 2013). There are no documents provided in relation to assignment/sale/default. There is an entry on some notes to say the debt was sold to Marlin but that's it.

. . . does this provide evidence that there no record of sale/purchase from LTSB to Marlin? This whole process is a nightmare.

It's not really a nightmare; in fact it could turn out to be a dream come true if there is no proof or evidence of LTSB having complied with all their statutory obligations before they assigned the debt to MFS (who aren't FCA authorised) if legal proceedings are ever issued.

Di

[Markus98765]

Do Marlin still own this debt, because they lack FCA authorisation regardless of whether the credit agreement looks enforceable?

Always remember that the business writing to you (on the notepaper) is not necessarily the actual legal owner.

Now would be a good time to send a SAR to LTSB so you can compare notes with what you have been sent by Cabot to check for 'accuracy'

Di

Hi Di,

My SAR request has been returned from Lloyds TSB. (Marlin owed since 2013). There are no documents provided in relation to assignment/sale/default. There is an entry on some notes to say the debt was sold to Marlin but that's it. In addition the header page states this -

''Copies of Default, Enforcement, Termination and Assignment notices are not saved by customer name so we are unable to provide
copies under a Data Subject Access Request.''

Does this mean I would need to request in some other way? Or does this provide evidence that there no record of sale/purchase from LTSB to Marlin? This whole process is a nightmare.

Xxxxxxxx

[Joanna Connolly Solicitors]

Hi Di,

As far as I am aware the debt has not been assigned by Marlin Europe V Ltd to any of Cabot’s other companies since Marlin Europe V Ltd bought it in 2013 from LTSB. Yes all letters now are on Cabot Europe Ltd headed paper but as far as I am concerned Marlin Europe V Ltd are the legal owners of the debt. I have not been advised otherwise. I am awaiting SAR responses to all of my debts listed on the forum. I emailed you the letters I received from both LTSB and Marlin Europe V Ltd which explains they bought/assigned the debt in 2013.

There is also the issue of the Default Notice issued by Cabot.

Wait to see what’s revealed (or not) in your SAR from LTSB.

Di

[Markus98765]

Do Marlin still own this debt, because they lack FCA authorisation regardless of whether the credit agreement looks enforceable?

Always remember that the business writing to you (on the notepaper) is not necessarily the actual legal owner.

Now would be a good time to send a SAR to LTSB so you can compare notes with what you have been sent by Cabot to check for 'accuracy'

Di

Hi Di,

As far as I am aware the debt has not been assigned by Marlin Europe V Ltd to any of Cabot’s other companies since Marlin Europe V Ltd bought it in 2013 from LTSB. Yes all letters now are on Cabot Europe Ltd headed paper but as far as I am concerned Marlin Europe V Ltd are the legal owners of the debt. I have not been advised otherwise. I am awaiting SAR responses to all of my debts listed on the forum. I emailed you the letters I received from both LTSB and Marlin Europe V Ltd which explains they bought/assigned the debt in 2013.

Many thanks

[Joanna Connolly Solicitors]

Hi Di,

Yes I have an update for 2 of these as below

• Original creditor LTSB loan
• 2008
• Currently £5112. Originally £10400
• 2009
• Was paying £5 per month but stopped pending CCA
• Defaulted in 2010 and dropped off file 2016
• Loan sold 28/11/2013 to MARLIN EUROPE V LIMITED. All correspondence now via Cabot Financial Europe who manage the debt

15/04/2020 - CCA Request
17/04/2020 - signed for
23/04/2020 - letter from Cabot Financial Europe received to advise they do not hold the info so will ask OC for this - I have ceased payments until complied with
10/06/2020 - Letter from Cabot Financial Europe with copy of CCA and various statements/screen prints. Sent to Niddy to check.
12/06/2020 - Niddy advised CCA looks enforceable

Do Marlin still own this debt, because they lack FCA authorisation regardless of whether the credit agreement looks enforceable?

Always remember that the business writing to you (on the notepaper) is not necessarily the actual legal owner.

Now would be a good time to send a SAR to LTSB so you can compare notes with what you have been sent by Cabot to check for 'accuracy'

Di

[Markus98765]

Do you have an update on any of these debts

(I've received your email.)

Di

Hi Di,

Yes as below

• Santander Loan
• 2006
• Currently £7038. Originally £9000
• 2007
• Was paying £5 per month but have stopped pending CCA
• Defaulted in 2010 and dropped off file 2016
• Loan sold 29/06/2012 to ARRROW GLOBAL LTD All correspondence now via Capquest who manage the debt. (Capquest part of Arrow)

15/04/2020 - CCA request sent
17/04/2020 - signed for
24/04/2020 - Capquest have sent back my £1 PO to say they do not charge the fee
25/04/2020 letter to advise looking into my request and collection on hold
04/05/2020 - reply from Capquest with copy of CCA which Niddy has deemed unenforceable
09/06/2020 - letter to advise they have not heard from me

[Markus98765]

Do you have an update on any of these debts

(I've received your email.)

Di

Hi Di,

Yes I have an update for 2 of these as below

• Original creditor LTSB loan
• 2008
• Currently £5112. Originally £10400
• 2009
• Was paying £5 per month but stopped pending CCA
• Defaulted in 2010 and dropped off file 2016
• Loan sold 28/11/2013 to MARLIN EUROPE V LIMITED. All correspondence now via Cabot Financial Europe who manage the debt

15/04/2020 - CCA Request
17/04/2020 - signed for
23/04/2020 - letter from Cabot Financial Europe received to advise they do not hold the info so will ask OC for this - I have ceased payments until complied with
10/06/2020 - Letter from Cabot Financial Europe with copy of CCA and various statements/screen prints. Sent to Niddy to check.
12/06/2020 - Niddy advised CCA looks enforceable

[Joanna Connolly Solicitors]

Do you have an update on any of these debts

(I've received your email.)

Di

[Markus98765]

how cheeky lol - im negotiating with my enforceable MBNA debt - they have come back with 65% so far - too much although i have the money atm

I have offered M&S 25% of the balance, they’ve replied no bit open to negotiate

[Moonmonkey]

• M&S Bank Credit Card
• Nov 2019
• Currently £1890
• NA
• Paying £11 per month
• Dec 2019
• NA

Taken out when I still thought I could manage my debts. Quickly realised was in a pickle so sought advice. I have made a very cheeky offer to M&S to settle the debt, so will see what they come back with..

how cheeky lol - im negotiating with my enforceable MBNA debt - they have come back with 65% so far - too much although i have the money atm

[Markus98765]

• M&S Bank Credit Card
• Nov 2019
• Currently £1890
• NA
• Paying £11 per month
• Dec 2019
• NA

Taken out when I still thought I could manage my debts. Quickly realised was in a pickle so sought advice. I have made a very cheeky offer to M&S to settle the debt, so will see what they come back with..

[Markus98765]

Here hoping !