Pookies UE Diary

[Pixie]

Re: Pookies UE Diary

You don't need to fill in the I and E form...you have no legal obligation to.

Personally, I would just send them a one-liner saying that the £500 is all you can afford as you are borrowing it from your Mum and that is all she has.

Let's see what SH suggests.

[ken100464]

Re: Pookies UE Diary

Morons indeed Ken cos they lied about sending me letters and then issued a letter before action because I hadnt responded to the imaginary letters! I cant afford the £900 they want (which would probably give them about £850 profit) and i can only raise the £500 with a months notice. I dont want to fill in their Income and Expenditure form either, Marlin were happy to accept the £5.79 a month when i was using a dmc. I thought only a court could make you complete one. MCL are the type to go all the way, yes they are sniffing but they are like dogs with bones and I dont think they are interested in a deal breaker to be honest.. i think they would prefer to get me into court.

Pooks difficult I know to see from an outside point of view as you are living it and I aint.

But bear with me on this.

You got a CCA to which you responded with two offers. Small monthly or £500 in a month.

Marlin now know you think they have an enforceable CCA (the cover is blown)

Put yourself in the DCA's shoes. They now have a client who thinks the DCA has all the aces. So up the pressure to get the money. Because that is all they are interested in.

Trick 1 make the client sweat over the offer. Dont attempt to send anything back. Client not knowing starts to worry. Pressure mounts.

Then after a reasonable time bang in a LBA.

Client has revealed that there is an enforceable CCA then panics and either offers to settle in full or more than the amount previously offered. They win with a cocked up letter that cost them hardly nothing and also get the wonga. Result.

What they didnt bargain for was a SH special. Wrongfooted them.

So they come back now in negotiation mode but still trying to get as much as they can. Its what they do. They sense you are in a weak position.

But the reality is they are interested in a settlement, now its just what they can screw out of you.

Marlin for all their bad press are interested in turning small repayment plans in capital lump sum F&F's.

They tried it with us on a CCJ and CO. Not asked for but 25% off a secured debt. Go figure that out.

The only time we have been happy to have a CCJ. Enabled us to tell them to go and do someting nasty to a fish. And if they didnt like it maybe a judge would like to know why they thought they could demand a court judgement variation without the courts approval.

Guess what, presume they are doing something nasty with that fish.

[ScabHunter]

Re: Pookies UE Diary

OK, give me some time on this one. I've been out all evening and have just picked this up, along with Pixie's PM.

It seems as though they are violating procedure by not responding properly to a formal complaint. Did this letter you have just received make any mention of the formal complaint, and did it mention your right to escalate to the FOS?

SH

[ScabHunter]

Re: Pookies UE Diary

Right, having read through this it is obvious what they are trying to do here. The DCA has had to back off and take the complaint seriously, otherwise they are facing a mediation fee which would equal what they could hope to recover from the alleged debt.

The solicitors have therefore taken over the role of bully and deceiver, in the hope that you will capitulate in the knowledge that they are not the subject of the formal complaint. The faked letters are a crude bullying tool, and they suggest a certain degree of desperation. While it may be extremely difficult to prove what was sent and what wasn't, there are still very few “professionals” who would want to tell blatant lies in a court room.

The letter from the DCA saying that the matter is under investigation obviously makes the solicitors' bullying and demands entirely inappropriate, as they should be waiting for the clients' investigation to take place first. So, if it was me in this situation, I would send this to the solicitors -

"FURTHER FORMAL COMPLAINT

Dear Sirs,

I am in receipt of your letter of 27th March 2013, and note with regret that its contents are entirely inaccurate. You will be aware that I received no letters dated 14th February or 5th March 2013, and that those you have enclosed with your latest letter are pure fabrication. I now expect to receive a formal retraction of your allegations that these letters were sent on the dates claimed, failing which a formal complaint will be registered with the Solicitors Regulation Authority. Note also that your client Marlin Financial Services remains legally responsible for the conduct of any organisation employed to further its interests, and that consequently this incident can form part of any future escalation of the ongoing complaint against them to the Financial Ombudsman Service.

Regarding a potential settlement of the alleged debt, you will presumably be aware that I am in receipt of a letter dated 27th March 2013, from your client Marlin Financial Services. This letter states that they are investigating the issues raised in my formal complaint, and that they will respond as soon as they are able. It is plainly inappropriate for either your firm or myself to speculate upon a potential resolution to this situation without first knowing the result of this investigation.

Note, however, that the offers which I have previously made remain the best which I am able to extend. You will also be aware that only a court can require the submission of income and expenditure information, and not a firm of solicitors representing a client with a vested interest. Other than the formal apology requested above, I do not expect to hear from you again until the appropriate time, which will be when your client has finished its investigation into the previously submitted formal complaint.

Yours Faithfully,"

SH

[Pixie]

Re: Pookies UE Diary

Thanks SH.

[pooksthebear]

Re: Pookies UE Diary

OK, give me some time on this one. I've been out all evening and have just picked this up, along with Pixie's PM.

It seems as though they are violating procedure by not responding properly to a formal complaint. Did this letter you have just received make any mention of the formal complaint, and did it mention your right to escalate to the FOS?

SH

Hi SH

The letter from MCL is dated 27th March and the letter from Marlin is dated 28th March, clearly MCL have responded before Marlin have had chance to look into things.

The letter from Marlin says this:

Thank you for your letter dated 25th March 2013. I am investigating your complaint and can confirm that we have in place a procedure whereby we try to investigate and resolve complaints within an eight week period. I will respond to the issues raised as soon as possible.

The letter from MCL does not make any reference to the formal complaint. Neither letter mentioned any escalation rights or procedure.

Thanks SH

[pooksthebear]

Re: Pookies UE Diary

Right, having read through this it is obvious what they are trying to do here. The DCA has had to back off and take the complaint seriously, otherwise they are facing a mediation fee which would equal what they could hope to recover from the alleged debt.

The solicitors have therefore taken over the role of bully and deceiver, in the hope that you will capitulate in the knowledge that they are not the subject of the formal complaint. The faked letters are a crude bullying tool, and they suggest a certain degree of desperation. While it may be extremely difficult to prove what was sent and what wasn't, there are still very few “professionals” who would want to tell blatant lies in a court room.

The letter from the DCA saying that the matter is under investigation obviously makes the solicitors' bullying and demands entirely inappropriate, as they should be waiting for the clients' investigation to take place first. So, if it was me in this situation, I would send this to the solicitors -

"FURTHER FORMAL COMPLAINT

Dear Sirs,

I am in receipt of your letter of 27th March 2013, and note with regret that its contents are entirely inaccurate. You will be aware that I received no letters dated 14th February or 5th March 2013, and that those you have enclosed with your latest letter are pure fabrication. I now expect to receive a formal retraction of your allegations that these letters were sent on the dates claimed, failing which a formal complaint will be registered with the Solicitors Regulation Authority. Note also that your client Marlin Financial Services remains legally responsible for the conduct of any organisation employed to further its interests, and that consequently this incident can form part of any future escalation of the ongoing complaint against them to the Financial Ombudsman Service.

Regarding a potential settlement of the alleged debt, you will presumably be aware that I am in receipt of a letter dated 27th March 2013, from your client Marlin Financial Services. This letter states that they are investigating the issues raised in my formal complaint, and that they will respond as soon as they are able. It is plainly inappropriate for either your firm or myself to speculate upon a potential resolution to this situation without first knowing the result of this investigation.

Note, however, that the offers which I have previously made remain the best which I am able to extend. You will also be aware that only a court can require the submission of income and expenditure information, and not a firm of solicitors representing a client with a vested interest. Other than the formal apology requested above, I do not expect to hear from you again until the appropriate time, which will be when your client has finished its investigation into the previously submitted formal complaint.

Yours Faithfully,"

SH

What a brilliant letter SH! Thank you for writing this for me. I will send that tomorrow. Should I send a copy to Marlin too?

I cannot believe the absolute cheek of them blatantly lying about sending me letters! Funny how they gave me 14 days to respond yet the letter only arrived yesterday so I was down to only 8 days left! They also put on the bottom "We confirm that we will nlot issue court proceedings without giving you at least 14 notice of our intention to do so. We hope we can resolve the matter between us without the need for litigation".


Massive thanks.. Pooks

[The Tech Clerk]

Re: Pookies UE Diary

Received a seven days notice recently from a Solicitor (DCA) the letter arrived 10 days after date on letter

[pooksthebear]

Re: Pookies UE Diary

Received a seven days notice recently from a Solicitor (DCA) the letter arrived 10 days after date on letter

Laughable TC isnt it!

I have just noticed that MCL are using the wrong postcode for me .. the very last letter is wrong. I have put my CORRECT post code on every letter I have sent to them. Marlin have the right postcode. It makes me wonder if these clowns are deliberately trying to misdirect the post.. sorry that was a silly thing to say.. these are solicitors we are talking about and they will do everything by the book.. wont they

[ScabHunter]

Re: Pookies UE Diary

Should I send a copy to Marlin too?

It is not necessary, as they will be in contact with each other anyway. If this did end up in a court room, you would be able to prove that you responded directly to the sender of the letter, which is all that matters.

Faking those letters was an idiotic thing to do, because it will not help their cause should this go to court. Now, they have two choices, they either admit the deceit, or lie again and watch a complaint go to the SRA. I can't see that either scenario helps their case.

As for Marlin, they have already been rocked onto the back foot by the formal complaint, and the possibility of a mediation fee which will wipe out any benefit they could gain by pursuing the alleged debt. These are incredibly nasty and deceitful organisations to deal with, but sometimes that can be turned round to work against them.

I know you are a worrier, Pooks, but I think you are handing it extremely well so far.

SH

[pooksthebear]

Re: Pookies UE Diary

It is not necessary, as they will be in contact with each other anyway. If this did end up in a court room, you would be able to prove that you responded directly to the sender of the letter, which is all that matters.

Faking those letters was an idiotic thing to do, because it will not help their cause should this go to court. Now, they have two choices, they either admit the deceit, or lie again and watch a complaint go to the SRA. I can't see that either scenario helps their case.

As for Marlin, they have already been rocked onto the back foot by the formal complaint, and the possibility of a mediation fee which will wipe out any benefit they could gain by pursuing the alleged debt. These are incredibly nasty and deceitful organisations to deal with, but sometimes that can be turned round to work against them.

I know you are a worrier, Pooks, but I think you are handing it extremely well so far.

SH

Thanks SH, I am indeed a worrier and lines like this We confirm that we will not issue court proceedings without giving you at least 14 notice of our intention to do so. dont help me to sleep at night! Lets hope they stay on the back foot and we can come to a decent settlement/arrangement without the need for men in wigs

[pooksthebear]

Re: Pookies UE Diary

Everyone..

I just wanted to say a big Thank You to you all for all the fantastic help and advice you give out, giving up your time to help whenever you are asked is very kind. I thank my lucky stars that I found this site.

Pooks.. the grateful bear

[pooksthebear]

Re: Pookies UE Diary

Hiya.. I am having a bit of a wobble....

I am worrying that MCL take me to court because the £500 I have offered in full and final is unacceptable to them and they also reject the £5.79 a month payment. They may say that those are not reasonable offers. Would it get that far? I know if it got to court i could produce evidence i have tried to resolve things but i really cant face court.. i cant afford to start paying court costs and i really dont want a ccj against my name as my credit file is clear next year. If they are not happy with the amounts offered are they likely to come back with a counter offer before it got that far? Am I panicking over nothing?

Thanks ... Pooks

[tastyjane]

Re: Pookies UE Diary

Aww Pooks, I don't know the answers, not clever enough for that, but I am sure someone will be along in a bit who does, but didn't want you wobbling on your own Been there done that and it will pass.

Jane x

[ScabHunter]

Re: Pookies UE Diary

Nobody can ever give guarantees as to how any organisation will behave, especially not one as corrupt and dishonest as this one. All you can do is the best that you can.

However, look at the facts. They sent a Letter Before Action. You replied to it, and the creditor immediately started an investigation and did not proceed to court. That is a positive sign that they are on the back foot. The solicitors are also faking letters, which is a desperate play by anyone's standards.

I don't believe that they will litigate while they have stated that they are carrying out an investigation. I could be wrong. I am not God, and I do not have any psychic powers.

What are your personal circumstances? Would the court award payments of more than £5 a month if they gained a judgment? If not, the claimant would be taking a huge risk, and throwing money down the toilet, just to achieve nothing more than they could achieve by simply accepting your offer.

I think they are just attempting to bully you into paying more than you can afford.

SH