Marlin & Cabot

[Lowry1234]

Recd letter from Marlin quoting
original creditor Cabot FIn UK LTD acc no xxxxxx
Current Creditor Cabot Fin UK LTD acc no xxxxxx
advising they have appointed a solicitor Mortimer Clarke to take over recovery activity
never had a debt with Cabot never paid any payments to Cabot!
I do have an old credit card that I pay direct to cc company
or have I entered into any correspondence with cabot
i dis SAR with cc. Who could not produce an agreement
this is because the cc company took over an old company from over 15 yrs

any guidance or best plan of action
or shall I just wait for LBA
THANKS

[FlamingParrot]

Re: Marlin & Cabot

Recd letter from Marlin quoting
original creditor Cabot FIn UK LTD acc no xxxxxx
Current Creditor Cabot Fin UK LTD acc no xxxxxx
advising they have appointed a solicitor Mortimer Clarke to take over recovery activity
never had a debt with Cabot never paid any payments to Cabot!

Sounds like they have bought one of your old debts.

I do have an old credit card that I pay direct to cc company
or have I entered into any correspondence with cabot
i dis SAR with cc. Who could not produce an agreement
this is because the cc company took over an old company from over 15 yrs

A SAR would be a request under the Data Protection Act, for all statements and historical data, rather than a specific request for a copy of your agreement, however, in theory they should also supply you with a copy of the agreement when you send a SAR.

Could you tell us what card this was? I had an old A&L card, they were sold to MBNA in 2002 but only rebranded MBNA in 2009. When I sent a SAR to MBNA they replied saying they didn't have the agreement because they couldn't retrieve it from the A&L. Your story sounds similar, was this also one of them A&L cards?

Are you still making payments despite them clearly stating they cannot supply you with anything with regards to your agreement?

[FlamingParrot]

Re: Marlin & Cabot

any guidance or best plan of action
or shall I just wait for LBA

If they are not being specific with regards to the account their letter refers to, you could send them a prove it letter as below.

Dear Sir/Madam

Account No: xxxxxxxxxxxxxx

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that I have no knowledge of any such debt being owed to CREDITOR

I am familiar with the Consumer Credit sourcebook of the Financial Conduct Authority (FCA) which states the following rules.

"A firm must not ignore or disregard a customer's claim that a debt has been settled or is disputed and must not continue to make demands for payment without providing clear justification and/or evidence as to why the customer's claim is not valid." 7.5.3

"A firm must suspend any steps it takes or its agent takes in the recovery of a debt from a customer where the customer disputes the debt on valid grounds or what may be valid grounds." 7.14.1

"Where a customer disputes a debt on valid grounds or what may be valid grounds, the firm must investigate the dispute and provide details of the debt to the customer in a timely manner." 7.14.3

In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

Furthermore, ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

I would ask that no further contact be made concerning the above accounts unless you can provide evidence as to my liability for the debt in question.

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the FCA of your actions.

I look forward to hearing from you.

Yours faithfully

[Lowry1234]

Re: Marlin & Cabot

hello FP
its a CITI card..default already issued..CITI could Not produce aCCA although I belie e they do not need to now
it goes something like this
friizel sell to Liverpool Victoria they sell to CITI
or Liverpool Vic --- Frizzel --- CITI
its so old
ive only paid CITI a payment of £1 a mth for last 4yrs on a 20k debt
im not worried about a ccj I have OBE already £1 a month for a Lloyds CC on a 15k debt
i have no assests so if it goes to court and I have a ccj i pay now they may do the same

[Lowry1234]

Re: Marlin & Cabot

Is curlyben the nice guy who used to help with DCA still on this fab site

[FlamingParrot]

Re: Marlin & Cabot

hello FP
its a CITI card..default already issued..CITI could Not produce aCCA although I belie e they do not need to now

Why wouldn't they need to?

The change in the law that allows the courts to enforce even without a properly executed agreement only applies to accounts opened after April 2007, not retroactively. :thumb:

It is also true that a recon can be provided, however, you are saying they didn't provide anything. They still have to provide a recon that's honest and accurate. :grin:

it goes something like this
friizel sell to Liverpool Victoria they sell to CITI
or Liverpool Vic --- Frizzel --- CITI
its so old
ive only paid CITI a payment of £1 a mth for last 4yrs on a 20k debt
im not worried about a ccj I have OBE already £1 a month for a Lloyds CC on a 15k debt
i have no assests so if it goes to court and I have a ccj i pay now they may do the same

As long as payments are being made, even £1/month, the debt will never go statute barred. Having said that, if the £1/month payments been accepted for years, you may not want to upset the applecart.

[Lowry1234]

Re: Marlin & Cabot

Hi
thanks for your help
this £1 a month milarky.soon it will be the postage stamp that cost me more !,,
i know this debt credit agreement is before 2007 ...
but me paying my £1 ...I beleive is acknowledgment of the debt
a few years ago I was in a real mess
this site got me to a good place in my life..the support and help when I used to panic. Was Fab....
i now pay my bills and I no more debts No More worries.
i just get unsure
i pay my CCJ each month been doing that for 4yrs. Think it drops off my credit file in 6yrs.....but think I still have to pay it or I could be taken back to court?
Citi wrote to me saying they could not find a ccA with the account i pay to and do I have any others credit card number....never responded
maybe CITI sold it to Cabot...I make payment to citi
shall I just ignore their letter

[Lowry1234]

Re: Marlin & Cabot

I'm not wanting to upset any AppleCart....I just pay each month

[FlamingParrot]

Re: Marlin & Cabot

this £1 a month milarky.soon it will be the postage stamp that cost me more !,,

Are you not paying by direct debit or standing order? :confused2:

i know this debt credit agreement is before 2007 ...
but me paying my £1 ...I beleive is acknowledgment of the debt

It is, as long as payments are made, no matter how small, the clock doesn't start ticking. :clock:

a few years ago I was in a real mess
this site got me to a good place in my life.. the support and help when I used to panic. Was Fab....
i now pay my bills and I no more debts No More worries.

Glad to hear that. :clap2: :clap2:

i just get unsure i pay my CCJ each month been doing that for 4yrs. Think it drops off my credit file in 6yrs.....but think I still have to pay it or I could be taken back to court?

CCJs drop off the public record and credit files after 6 years, however, they do not go statute barred. If you don't keep up the agreed repayments, the creditor can apply to the court to enforce it via various methods such as an attachment of earnings (if you are employed), a charging order (if you own property) or a warrant to send bailiffs round to your home.

Citi wrote to me saying they could not find a ccA with the account i pay to and do I have any others credit card number....never responded
maybe CITI sold it to Cabot...I make payment to citi
shall I just ignore their letter

If the debt was sold you should have received a notice of assignment saying it was sold. If the debt has been sold to Cabot, payments should be made to them instead of Citi, however, you need to be sure that this is actually the debt they are referring to, that's when the prove it letter comes in. :typing:

[Lowry1234]

Re: Marlin & Cabot

Thanks for your reply
i sent one stat barred letter today.
as I know they have never writen to me since 2008. It's with the nationwide bs of draft £100
im happy to,pay the £1 ccj for the rest of my life £1 is only £12 a year I'm not going to worry about that
i know this will come across as bad attitude...so before anybody judges me...I'm not trying to get out of my debts...
i don't own anything....I have only credit card debts...
i know the default and ccj fall off after 6yrs but if your making payments the credit agencies still update the records...
lI think it might be best just to carry on paying CITI...as I have done for over 4yrs....
if I get sols letter quoting Cabot as the original creditor then I wil send prove it letter...
sorry if I'm waffling on....
los it right bailiffs can only come in my home if I stop paying a ccj...
if a court ordered a payment of £1 a month....what would be the point of a creditor applying to the court again? I was dreaming I think I only had to,pay ccj for six years

[FlamingParrot]

Re: Marlin & Cabot

im happy to,pay the £1 ccj for the rest of my life £1 is only £12 a year I'm not going to worry about that
i know this will come across as bad attitude...so before anybody judges me...I'm not trying to get out of my debts...
i don't own anything....I have only credit card debts...

We are here to help not judge. :beagle:

I have a few credit cards I've not paid since Jan 2010 :grin: :grin: :grin: and I'm counting down till they go SBd, hence my mention of small payments keeping the debt alive. :clock:

The banks have acted very badly in so many ways, from irresponsible lending to causing the global financial meltdown, gambling with their funds and being bailed out with our money... I could write an entire book about it!

[FlamingParrot]

Re: Marlin & Cabot

i know the default and ccj fall off after 6yrs but if your making payments the credit agencies still update the records...

Only as long as the debt is on file, after 6 years it should not longer show at all, neither the default nor the CCJ.

I think it might be best just to carry on paying CITI...as I have done for over 4yrs....
if I get sols letter quoting Cabot as the original creditor then I wil send prove it letter...
sorry if I'm waffling on....

It is their duty to inform you if the debt has been sold and tell you to pay the new owner.

ls it right bailiffs can only come in my home if I stop paying a ccj...

They could apply to the court for a warrant to send them, however, this isn't very commonly done for this type of debt, most bailiff trouble relates to council tax/magistrates court fines/parking fines.

if a court ordered a payment of £1 a month....what would be the point of a creditor applying to the court again? I was dreaming I think I only had to,pay ccj for six years

No, a CCJ has to be paid until it gets paid off. There are many people paying £1/month on CCJs, meaning the creditor would have wasted their time going to court. :grin: :grin: :grin:

[Lowry1234]

Re: Marlin & Cabot

Only as long as the debt is on file, after 6 years it should not longer show at all, neither the default nor the CCJ.

It is their duty to inform you if the debt has been sold and tell you to pay the new owner.

aw:aw: They did not tell me anything...so...I never responded to Cabot

They could apply to the court for a warrant to send them, however, this isn't very commonly done for this type of debt, most bailiff trouble relates to council tax/magistrates court fines/parking fines.
No, a CCJ has to be paid until it gets paid off. There are many people paying £1/month on CCJs, meaning the creditor would have wasted their time going to court. :grin: :grin: :grin:

:wub:
more than happy to pay the £1 standing order ....
for ever and ever....
it would have been better if the other cc took me to court
then they could all have a £1 a month by standing order
although the defaults and ccj fall off the credit register does the debt still show on the agency record as its still live by paying the £1

Thanks for your time in replying to me.

[Kafka]

Re: Marlin & Cabot

A default falls off the credit files after 6 years and is gone for good.
CCJs are different and although they also fall off after 6 years, they stay on the registry of judgments until they are fully settled.

[Lowry1234]

Re: Marlin & Cabot

A default falls off the credit files after 6 years and is gone for good.


CCJs are different and although they also fall off after 6 years, they stay on the registry of judgments until they are fully settled.

ooh that will be for ever and ever....as I will never be in a position to settle
I don't do the lottery no rich relatives...so my pound a month will go to the grave with me...bless em all