Pookies UE Diary

[pooksthebear]

Re: Pookies UE Diary

No need to go through the cca request process again.

Send Our Templates | Unenforceability Templates | Account Sold whilst in Dispute to Mortimer Clarke (amend as necessary)

Thanks Pixie!

I will send that as soon as Mortimer Clarke get in touch!

[Paul.]

Re: Pookies UE Diary

Hi all, I have received a letter from Marlin headed Notice of Change of Agent. The letter says:

Since you have not agreed a payment plan with us, the creditor of your account, Marling Ltd has decided to appoint Mortimer Clarke Solicitors to take over recovery activity from us. Mortimer Clarke Solicitors will be in touch shortly and you should engage with them to agree a payment arrangement on your account.

Debt Managers were originally collecting on their behalf and I issued them with a request for my CCA, on 2nd November they said they had requested a signed copy from Yorkshire Bank (it was a Yorkshire Bank loan). They kept my postal order and have not yet sent an agreement, instead they sent my account back to Marlin.

Is there a letter I should send Marlin or do I have to go through the whole CCA request again with Mortimer Clarke?

Thanks! Pooks

I think you need to respond to this letter maintaining you have made what you consider a valid statutory request and as the creditor marlin have not replied. The creditor is defined within s189 CCA 1974 and covers assignees so they cannot shirk this duty

They ought to be placed on notice at this stage they are in default of a statutory request and they should seek to reply forthwith

[Pixie]

Re: Pookies UE Diary

No need to go through the cca request process again.

Send Our Templates | Unenforceability Templates | Account Sold whilst in Dispute to Mortimer Clarke (amend as necessary)

[pooksthebear]

Re: Pookies UE Diary

Hi all, I have received a letter from Marlin headed Notice of Change of Agent. The letter says:

Since you have not agreed a payment plan with us, the creditor of your account, Marling Ltd has decided to appoint Mortimer Clarke Solicitors to take over recovery activity from us. Mortimer Clarke Solicitors will be in touch shortly and you should engage with them to agree a payment arrangement on your account.

Debt Managers were originally collecting on their behalf and I issued them with a request for my CCA, on 2nd November they said they had requested a signed copy from Yorkshire Bank (it was a Yorkshire Bank loan). They kept my postal order and have not yet sent an agreement, instead they sent my account back to Marlin.

Is there a letter I should send Marlin or do I have to go through the whole CCA request again with Mortimer Clarke?

Thanks! Pooks

[pooksthebear]

Re: Pookies UE Diary

Hiya, just an addendum to the above post.

Can all my creditors continue to do outstanding debt searches indefinately.. ie all defaults drop off but they continue to search until either fully paid or statute barred and thereby keeping your credit file trashed?

I do not understand why they have done this, just found that Mackenzie Hall have also done a search! Its not like they dont know where I live as I have been corresponding with them all with CCAs etc.

Sorry... I know I shouldnt be worrying about whats going to happen 2 years down the line but I just saw some light at the end of the tunnel and now it seems to be fading fast lol

[pooksthebear]

Re: Pookies UE Diary

Explained here--> All About Credit Reference Agencies CIFAS - allaboutFORUMS

Thanks Niddy, yeah but I have not asked for any credit so unsure why my file is being searched. There was a search by Marlin done on my file in 2009 and that was on for 2 years and now one by Cabot. Can a DCA just do a search for no reason, whenever they feel like it?

This is what it says:

CABOT CREDIT MANAGEMENT , a Enquiry Agent company, has made an inquiry against your credit report on 17/02/2012 . If you were not aware of or did not consent to this search, contact CABOT CREDIT MANAGEMENT or Equifax for clarification.

My defaults will be off in 2014 so this could affect it. I dont want anymore credit but I do want a better mortgage as on variable at moment. Is there anything I can do about it?

[Never-In-Doubt]

Re: Pookies UE Diary

Hi all, does anyone know whether it matters that Cabot have done a search on my credit file? From what I can gather this search will stay on my credit file for a number of years!

Cheers, Pooks

If it's a debt search then it'll stay for 24 months and they are frowned upon however as it's only 2yrs it's not going to adversely affect you based on the other things showing...

[swanfan]

Re: Pookies UE Diary

Hi all, does anyone know whether it matters that Cabot have done a search on my credit file? From what I can gather this search will stay on my credit file for a number of years!

Cheers, Pooks

Explained here--> All About Credit Reference Agencies CIFAS - allaboutFORUMS

[pooksthebear]

Re: Pookies UE Diary

Hi all, does anyone know whether it matters that Cabot have done a search on my credit file? From what I can gather this search will stay on my credit file for a number of years!

Cheers, Pooks

[pooksthebear]

Re: Pookies UE Diary

Hmmm... Cabot have done a search on my credit file for some reason, I certainly did not authorise it and have absolutely no idea why they have done it. Does it matter?

[pooksthebear]

Re: Pookies UE Diary

or

Just write back and simply say (using huge font)

"GET FUCKED"

And leave it at that

Hahaha.. love it!!

Honestly its baffled me, I was paying Moorcroft through dmp and Im convinced I paid it when I was trying to clear some debts. The dmp said they had a record of me ringing them and saying it was paid. This was in November 2009. I carried on paying all debts through dmp until Oct 2011, why would I suddenly stop paying the £1 per month if not paid off.. makes no sense!! I heard absolutely nothing since, and the dmp didnt hear anything either. First I heard was back end of last year when got letter from capquest out of the blue. If it wasnt paid, you would have thought they would have started chasing as soon as i stopped paying!

Will send that letter, thanks Niddy, your brill!!

Pooks

[Never-In-Doubt]

Re: Pookies UE Diary

or

Just write back and simply say (using huge font)

"GET FUCKED"

And leave it at that

[Never-In-Doubt]

Re: Pookies UE Diary

Thanks ITD, I am surprised that M.H have passed this to a solicitor, I only owe £51! Wonder if its just better to pay it and get them off my case?

Pooks

Actually, cheeky bastards would be abusing court process if they did take action.

Write back and just say

"Dear Bullies,

Ref: xxxxxxxx

I write with reference to your latest threat.

For the last time, I have already paid this account in full and I strongly suggest that you get real. How dare you make threats of legal action over a claimed debt of £50 which has already been paid. You are aware if I report you then you'll get fined more than the sum outstanding so why not just go away and make yourself useful, there is a busy main line train station nearby, could I suggest you frequent some of your wasted energy there?

Goodbye."

I would seriously be THAT cheeky - if they start action then yea pay it before they add costs etc (we'll sort that for you IF it ever happens) and report them!

[pooksthebear]

Re: Pookies UE Diary

I Would ignore both for now....... no need to send RBS the missing prescribed terms letter let them pass it on............

Thanks ITD, I am surprised that M.H have passed this to a solicitor, I only owe £51! Wonder if its just better to pay it and get them off my case?

Pooks

[Deepie]

Re: Pookies UE Diary

Thanks Niddy and CC!

Never mind eh, you cant win them all.. you can but play and try! Shall I just sit back now and see what they throw at me next.. and then send the missing prescribed terms template?

I have now also received a letter from RBS (was being collected by Triton and deemed UE). Obviously Triton have given up and its gone back to RBS. This is what they say:

I am disappointed to note that you have failed to comply with our agreement. Unless I receive an immediate payment to your account and regular repayments thereafter, as arranged, I will have no alternative but to place your account in the hands of external DCA's, without prior warning.

Should I send RBS the missing prescribed terms letter?

Also received a letter today from Colemans solicitors re the Orange contract that hasnt been paid for at least a year (I though I had already paid this off). It went from Orange, through various dca's I was paying through dmp. Then to capquest, who appointed Mackenzie Hall to collect on their behalf. I sent a CCA request to M.H who said they forwarded it on to Capquest and if no reply they would close case. Then it went to Connect on behalf of Capquest and now Colemans are on the case. It says:

We act for M.H who are agents for Capquest. We are instructed that despite our client's previuos attempts to obtain payment you have not responded. Our client is not aware that you have any valid reasons for non payment. You shoudl make arrangements to settle the oustanding amount within the next 7 days, failure to enter an arrangement may result in legal proceedings against you.

Any ideas what to respond to this or should I ignore for now?

Thank you all for your help, Pooks!

I Would ignore both for now....... no need to send RBS the missing prescribed terms letter let them pass it on............