Pookies UE Diary

[pooksthebear]

Re: Pookies UE Diary

Hi everyone,

I have now received a letter from Mortimer Clarke Solicitors stating that Marlin have been assigned the debt from Yorkshire bank and have appointed MC to collect for them because I have failed to pay them. They say I have made payments in the past but not made one for a considerable amount of time and its time I started paying again! They enclosed an Income and Expenditure form and want it returning within 7 days (its in the bin).

Marlin have not yet provided me with my CCA, however as they have not sold the debt to MC I cant send the account sold while in dispute letter ... or can I and just amend? Actually just read it and it seems fine so will amend and send!!

[Pixie]

Re: Pookies UE Diary

If I were you, I'd send the account sold in dispute letter but don't send the Income and Expenditure form.

[pooksthebear]

Re: Pookies UE Diary

If I were you, I'd send the account sold in dispute letter but don't send the Income and Expenditure form.

I binned that immediately

[pooksthebear]

Re: Pookies UE Diary

I have sent that letter even when the account hasn't been sold as such, the idea is just to inform whoever is contacting you for the first time that you know the account is UE. They probably don't know it either.

They will know tomorrow when they get my letter

[Never-In-Doubt]

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

be very very careful - these fuckers screwed me right over...... they now have a CO against us even though we paid the account 5 years ago, they sent a claim to the old address and then served a CO at the new correct address.

I went to the LOS and they found in their favour too - I told em they'll get a box of ashes before they touch my house or failing that if they enforce I will sell it for £1



be warned they are nasty bastards and take action very swiftly.....

However as I want blood, I will pay close attention to this and if we can help we will. I would love for Paul to wipe £50k in fees off their profits.

I hate the lot of them, in fact I am going to post them a bag of my dogs puke - with love

[Never-In-Doubt]

Re: Pookies UE Diary

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

I agree, I wish we had the chance to do that 5 years ago mate - well spotted though.

I am still after their blood

Alvin Ittoo is atooll alright

[pooksthebear]

Re: Pookies UE Diary

be very very careful - these fuckers screwed me right over...... they now have a CO against us even though we paid the account 5 years ago, they sent a claim to the old address and then served a CO at the new correct address.

I went to the LOS and they found in their favour too - I told em they'll get a box of ashes before they touch my house or failing that if they enforce I will sell it for £1



be warned they are nasty bastards and take action very swiftly.....

However as I want blood, I will pay close attention to this and if we can help we will. I would love for Paul to wipe £50k in fees off their profits.

I hate the lot of them, in fact I am going to post them a bag of my dogs puke - with love

Thanks Niddy,

Well before I got chance to send the letter to Mortimer Clarke my best friend Tia (German Shepherd) of 14 years fell ill and sadly died on the 4th. I have been absolutely bereft and completely overwhelmed in grief, so much so I couldnt function properly.

Needless to say I got another letter off them this week dated 7th June asking me to address the debt immediately. So I did, I sent the CCA in dispute letter to them on the 12th (recorded) so will see what comes back now.

[pooksthebear]

Re: Pookies UE Diary

Further to my post of allaboutFORUMS - View Single Post - Pookies UE Diary

I have now received this from Newman DCA:

We act for our client RBS, regarding the above account, who have instructed us to collect the full balance currently outstanding. As we have been appointed as their agent you should now make sure you contact us and not our client. We are authorised to negotiate repayment of the debt with you. To pay by.. blah blah blah... This will enable you to prevent further charges being applied to your account and potentially also prevent further action from being taken. Further action might include, but is not limited to, legal action.

Any ideas what I should do now? Not sure which letter to send or to whom, the CCA was a recon with PPI.

Thanks everyone

[pooksthebear]

Re: Pookies UE Diary

As RBS seems to have unleashed a fresh set of , if it was me I'd send them the sold in dispute letter to let them know it's UE ---> Our Templates | Unenforceability Templates | Account Sold whilst in Dispute

Thanks Flower, can I do that then bearing in mind I have not disputed the recon CCA with RBS and that letter states they have not acknowledged request for copy of CCA, which they have cos they sent a recon?

Should I send the recon letter instead and if so would I send this to both RBS and Newmans?

[pooksthebear]

Re: Pookies UE Diary

Hi everyone, please can I bump the above post as I have had another letter off Newmans today and not sure what to do.

The Account sold in Dispute letter doesn't seem to fit as it refers to them not responding to a request for the CCA. RBS actually sent me the CCA but its unenforceable, however I did not respond to them telling them that.

Should I send the recon letter instead and if so, do I send it to both RBS and Newmans or recon letter to RBS and a different letter to Newmans?

Thanks, Pooks

[Deepie]

Re: Pookies UE Diary

Hi everyone, please can I bump the above post as I have had another letter off Newmans today and not sure what to do.

The Account sold in Dispute letter doesn't seem to fit as it refers to them not responding to a request for the CCA. RBS actually sent me the CCA but its unenforceable, however I did not respond to them telling them that.

Should I send the recon letter instead and if so, do I send it to both RBS and Newmans or recon letter to RBS and a different letter to Newmans?

Thanks, Pooks

Just send the one Flowerpower suggested for now and see what they come back with...........

[pooksthebear]

Re: Pookies UE Diary

Just send the one Flowerpower suggested for now and see what they come back with...........

Thanks ITD will do! Sorry... I should have known Flower knows what she's talking about and just gone with it lol

[pooksthebear]

Re: Pookies UE Diary

Thanks Pooks!

More than welcome Flower! I should have known better

I think I may benefit from having a right good read through all the diarys and see how other folk get on cos im sure I must be asking questions you guys have answered loads of times before. I feel a bit bad really that your having to answer me the same questions all the time!! Im a bit of a worry wart which is not a good trait

[pooksthebear]

Re: Pookies UE Diary

Hello all, I hope everyone is fit and well! I have an update, all been quiet apart from RBS/Newmans/Transcom.

RBS sent me, some time ago, the CCA which Niddy deemed U/E. Newmans then took over the account (as agents) and I sent them the Account Sold in Dispute Letter, got a reply a few days later saying they didnt have the info as this was held by their client and they would contact me again once they had the information, account on hold for 30 days.

I am now receiving almost daily phone calls from either Newmans or Transcom, some of these calls come through on a number I recognise and do not answer, others I have answered and it gives me a message as if I have rung them, this then ties up my phone line (even when I put the phone down) until they answer! I had another one today, this time from Transcom and I stupidly spoke.. I said 'who are Transcom'.. 'you may know us as Newmans'.. I then simply said 'I suggest you go away and read the letter I sent you re this account being sold while in dispute and stop harassing me before I take legal action'. Ooops I know I shouldn't have said anything but I am sooo sick of the constant phone calls. They appear to be completely ignoring the contents of the dispute letter which clearly says they should back off.

Any ideas what I should do now? Send them a telephone harassment letter and refer them to my account sold in dispute letter and their reply?

Thanks, Pooks

[Deepie]

Re: Pookies UE Diary

Hello all, I hope everyone is fit and well! I have an update, all been quiet apart from RBS/Newmans/Transcom.

RBS sent me, some time ago, the CCA which Niddy deemed U/E. Newmans then took over the account (as agents) and I sent them the Account Sold in Dispute Letter, got a reply a few days later saying they didnt have the info as this was held by their client and they would contact me again once they had the information, account on hold for 30 days.

I am now receiving almost daily phone calls from either Newmans or Transcom, some of these calls come through on a number I recognise and do not answer, others I have answered and it gives me a message as if I have rung them, this then ties up my phone line (even when I put the phone down) until they answer! I had another one today, this time from Transcom and I stupidly spoke.. I said 'who are Transcom'.. 'you may know us as Newmans'.. I then simply said 'I suggest you go away and read the letter I sent you re this account being sold while in dispute and stop harassing me before I take legal action'. Ooops I know I shouldn't have said anything but I am sooo sick of the constant phone calls. They appear to be completely ignoring the contents of the dispute letter which clearly says they should back off.

Any ideas what I should do now? Send them a telephone harassment letter and refer them to my account sold in dispute letter and their reply?

Thanks, Pooks

Thats what I would do........