Marlin

[foxi71]

I have had a letter from Marlin saying I owe money to Bank Of Scotland for a credit card I had years ago. They haven't sent me the number of the credit card, just a Marlin reference. I had credit cards years ago (over 5/6 years ago) my relationship broke down and I was left bringing up 2 children on my own. I honestly cannot recall having a BOS one though and definitely not one where I owe £1609.25! They are threatening me with a CCJ saying they can get an attachment of earnings (I don't work) Charging order to my house (council own it!) and an alternative enforcement method whatever that means!!!! They are telling me to get in touch. The first I knew about this was a letter from Cabot last month and checking my credit reference file it's on there but says it was defaulted to them back in 2008. I'm guessing it's about to be statue barred sometime this year. Please help!!:tinysmile_cry_t:

[pault52]

Re: Marlin

don't panic plenty of help here for you be patient

[Amethyst]

Re: Marlin

Thanks for flagging foxi's thread up Paul, sorry to have missed it before.

Have you received a Court claim form as yet foxi ? or any further letters from Marlin ?

If not then you should respond to the letter as it sounds like a letter before action ( http://www.legalbeagles.info/forums/...any-solciitors ) Also send a CCA request for a copy of your original credit agreement. ( http://www.legalbeagles.info/forums/...y-of-Agreement )

[foxi71]

Re: Marlin

I have just had this letter saying I owe all that money! I have sent them one back saying I do not recognise the debt and that I want further information on it. I sent it by royal mail signed for. How long do they have to respond?

[Amethyst]

Re: Marlin

I have just had this letter saying I owe all that money! I have sent them one back saying I do not recognise the debt and that I want further information on it. I sent it by royal mail signed for. How long do they have to respond?

Ahh good stuff, you have done the right thing. I would also send a CCA request now so you are prepared if they come back with letters or court claim. ( http://www.legalbeagles.info/forums/...y-of-Agreement )

They have as long as you gave them to respond but reasonably 14 days.

[foxi71]

Re: Marlin

Do I send the CCA request to Marlin or Bank of Scotland?

[foxi71]

Re: Marlin

I am about to send the CCA request. Do I sign it or not?

[Amethyst]

Re: Marlin

CCA will go to Marlin as they own the debt. Yes sign the letter, use an anti tamper signature strip (or some squiggles under your signature) if you are concerned about them using your signature for anything else.

[foxi71]

Re: Marlin

ok thank you

[foxi71]

Re: Marlin

I've not had a response from Marlin at the moment. Been nearly a month now. Is that a good or bad thing?

[Kafka]

Re: Marlin

It means they can't get the agreement from the original creditor, so that's good news.

Do you know when exactly was the last time that you either paid anything to this debt or formally acknowledged it in writing? If that was over 6 years ago then it is statute barred.

If you don't have records, you could send a Subject Access Request to BoS (with £10 fee) to get all the data they hold on you. That will tell you what they hold Marlin can only get stuff from them anyway. With all the data you will be better able to plan your actions and to respond decisively if they try to file a court claim. The £10 for SAR is usually money well spent.

[Amethyst]

Re: Marlin

Good thing They are unable to enforce the debt through court (ie not get judgment , doesn't stop them bringing a claim, but you have a defence if they do) while they are in default of your CCA request.

[foxi71]

Re: Marlin

If they try to take me to court will I have to send a CCA request again?

[Amethyst]

Re: Marlin

It depends really, if they issue a court claim within the next 6 months then no, after then then its a good idea. They can come up with the agreement at any point though so it doesn't mean the debt has gone, just that they are unable to enforce it.

[foxi71]

Re: Marlin

According to my credit reference check I defaulted to Cabot in 2010 BUT i found a letter in my things last week from a company called Robinson Way and company saying I owed the BoS money to them and that was dated 2008!! I have no idea when I last paid but it would be before 2008 as my relationship broke down in 2007 and I was left in loads of debt with 2 little ones to bring up