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Cabot / Marlin Decree - Getting Really Worried

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  • Cabot / Marlin Decree - Getting Really Worried

    Good Afternoon All

    I am a newbie here but require some help in my fight against debt collection agencies and the financial institutes, which I have been in a battle with since circa 2010.

    However, after a long period of no contact by agencies, I received a few letters only days apart. Firstly they came from Cabot and Bank of Scotland (BoS) to notify the debt had been sold and then a few days later by Marlin stating they were acting on behalf of their client and were looking to issue a Decree via Sheriff Court in Scotland.

    The debt relates to a BoS current account overdraft approx £4k with no payments being made since Oct 2010. Since this point until 2012 I was in constant communication with the banks and agencies to negotiate full and final settlements. I started to request credit agreements and also sent full income and expenditure (I&E) sheets. Despite this no answers were really given and the chasing agency kept changing after a matter of weeks. However, in early 2012 everything went quiet.......UNTIL NOW.

    BACKGROUND

    The background to this debt and all other is that I set up my own limited company in 2009 selling insurance online. There were delays between August to December 2009 getting registered with the principal company and the FSA, which prevented me from trading immediately.

    During this delay money was borrowed through loans, HP and credit cards to finance normal household expenditure. I was unable to remortgage my debts due to inadequate proof of income and less than two years of trading. Further borrowing was needed to make ends meet.

    In May 2010 our company ceased to trade and I went to work at a local Airport. From May to October 2010 I tried to continue monthly payments to my creditors; however I was unable to service them. The financial strain took affect and I was paying out double what was coming in.

    In August 2010 I looked at careers in a skill shortage discipline and I decided to retrain as a pipe fitter and commenced an Apprenticeship (whilst continuing full time employment within the Airport due to only receiving a £90 training allowance at my apprenticeship in year 1). At the end of Year 1, I was taken on by a sponsor, but they opted to move the discipline from pipe fitting to welding. Unfortunately, the apprenticeship ended when I was entering my third, since the said sponsor chose to change the discipline back to pipe fitting, due to new business needs. This meant I would need to repeat Year 2, which was not going to be financially viable, since I was already relying on vast financial support from the family.

    I then had to take any role on to make ends meet and began to operate as a taxi driver in my local area on yet another low wage.

    The main rationale behind this was due to my deteriorating credit rating (as per above) I was unable to secure employment within the Financial Services sector for which I am experienced and qualified. Around that time my partner also returned to work to assist with family finances.

    We receive tax credits which cover approximately 80% of our childcare costs. Presently we are not in a position to make monthly payments to our creditors and normally require about £200-£300 of assistance from parents to cope financially.

    DEBTS

    It is with this background in mind what we proposed to these agencies and banks is a one off full and final settlement payment in the region of 25-30% of the debt value and on a pro rata basis amounst creditors to deal with this matter. The funds will be provided by a benevolent family member not ourselves directly.

    At present there is approx £60k of unsecured personal debt between a range of loans, personal guarantees, credit cards, HP and overdrafts. The debts are mainly with BoS and RBS and their feeder companies chasing the debts.

    I own the property and have £80k equity. This equity technically belongs to my wife, after she received life insurance when her previous partner died. In any case, I cannot release this unless I sell the house. I have tried going down Trust Deed routes but this was not viable. So if I were to sell the house not only would solicitors block the equity, she looses her money and also we could not get another house due to the credit file issues now present. As we technically made ourselves homeless our local council would not allow a council house either I was informed.

    HELP

    Can anyone help me in this recent development with Marlin or advise me how to handle??

    Are Marlin the type of agency just to pull a trigger? This worries me due to the speed of these developments.

    What should I be requesting of Marlin in terms of SAR, CCA agreements, etc?

    All thoughts welcomed. My fear is if they shoot the first bullet for decree others will quickly follow.
    Tags: cabot, decree, marlin

  • #2
    Cabot / Marlin

    Hi guys

    I received a threatening letter from Marlin yesterday which stated they were advising Cabot to look at a Decree.

    I am a newbie here and I require some help in my fight against debt collection agencies and the financial institutes, which I have been in a battle with since circa 2010.

    After a long period of no contact by agencies, I received a few letters only days apart. Firstly they came from Cabot and Bank of Scotland (BoS) to notify the debt had been sold and then a few days later (yesterday) by Marlin stating they were acting on behalf of their client and were looking to issue a Decree via Sheriff Court in Scotland.

    The debt relates to a BoS current account overdraft approx £4k with no payments being made since Oct 2010. Since this point until 2012 I was in constant communication with the banks and agencies to negotiate full and final settlements. I started to request credit agreements and also sent full income and expenditure (I&E) sheets. Despite this no answers were really given and the chasing agency kept changing after a matter of weeks. However, in early 2012 everything went quiet.......UNTIL NOW.

    HELP

    Can anyone help me in this recent development with Marlin or advise me how to handle??

    Are Marlin the type of agency just to pull a trigger? This worries me due to the speed of these developments. They also advised that this debt will now not be sold on and any offer given would be dealt with them directly, not referred back to the originator of the credit like in previous cases - again another worry since this did not fit with what was happening in 2012.

    What should I be requesting of Marlin in terms of SAR, CCA agreements, etc?

    All thoughts welcomed. My fear is if they shoot the first bullet for decree others will quickly follow.

    Thanks

    Comment


    • #3
      Cabot / Marlin Decree - Getting Really Worried

      Hi guys I am getting really worried after reading about some peoples experiences with Cabot / Marlin recently.

      I have made a few posts but no one has replied yet :tinysmile_cry_t:

      Long story short....I received a threatening letter from Marlin on Tuesday which stated they were advising Cabot to look at a Decree.

      I am a newbie here and I require some help in my fight against debt collection agencies and the financial institutes, which I have been in a battle with since circa 2010.

      After a long period of no contact by agencies, I received a few letters only days apart. Firstly they came from Cabot and Bank of Scotland (BoS) to notify the debt had been sold and then a few days later (yesterday) by Marlin stating they were acting on behalf of their client and were looking to issue a Decree via Sheriff Court in Scotland.

      The debt relates to a BoS current account overdraft approx £4k with no payments being made since Oct 2010. Since this point until 2012 I was in constant communication with the banks and agencies to negotiate full and final settlements. I started to request credit agreements and also sent full income and expenditure (I&E) sheets. Despite this no answers were really given and the chasing agency kept changing after a matter of weeks. However, in early 2012 everything went quiet.......UNTIL NOW.

      HELP

      PLEASE can anyone HELP me in this recent development with Marlin or advise me how to handle??

      Are Marlin the type of agency just to pull a trigger? This worries me due to the speed of these developments. They also advised that this debt will now not be sold on and any offer given would be dealt with them directly, not referred back to the originator of the credit like in previous cases - again another worry since this did not fit with what was happening in 2012.

      What should I be requesting of Marlin in terms of SAR, CCA agreements, etc?

      All thoughts welcomed. My fear is if they shoot the first bullet for decree others will quickly follow.

      Thanks

      Comment


      • #4
        Re: Cabot / Marlin Decree - Getting Really Worried

        Hi Platinum, try not to worry
        I'm sure you will get lots of good advice from the knowledgeable Beagles soon!
        K x
        Debt is like any other trap, easy enough to get into, but hard enough to get out of.

        It doesn't matter where your journey begins, so long as you begin it...

        recte agens confido

        ~~~~~

        Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

        I can be emailed if you need my help loading pictures/documents to your thread. My email address is Kati@legalbeagles.info
        But please include a link to your thread so I know who you are.

        Specialist advice can be sought via our sister site JustBeagle

        Comment


        • #5
          Re: Cabot / Marlin Decree - Getting Really Worried

          Thanks Kati.

          When you begin to read bout Cabot / Marlin, they seem much more aggressive and trigger happy compared to previous agencies I dealt with in 2012.

          I can see this being a day of letters and requests to Marlin.

          Thanks

          Platinum x

          Comment


          • #6
            Re: Marlin threatening decree for cabot

            Hi Platinum, sorry if your posts have been overlooked. I'll try summarise, let me know if I haven't read fully

            So Marlins are now chasing you for an old BoS debt, are these debts personal debts or business debts, it isn't 100% clear to me above. For starters, are you in Scotland and were the loans etc taken out in Scotland.

            The debts are made up of various loans, overdrafts etc?

            What is the latest paperwork you have been sent?
            Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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            Comment


            • #7
              Re: Cabot / Marlin Decree - Getting Really Worried

              Hi thanks for the reply.

              To summarise all these loans, cedit cards, HP, overdrafts are all personal and in my name. They were all taken out in Scotland and that is where I live too.

              I used personal credit to fund a failing business and as money to live off and service the debt.

              Marlin have become involved in an old BoS current account which had an overdraft of £2800 on it approx. BoS state that £4k is owed. This is the figure they have quoted since 2011, presumably with charges, interest and default added. Marlin sent me this letter which I have included as an attachment.

              What is my best course of action now do you think?

              Thanks
              Attached Files

              Comment


              • #8
                Re: Cabot / Marlin Decree - Getting Really Worried

                Tools,

                I forgot to add that I spoke over the telephone with Marlin on Tuesday and basically they stated that they need a response in 7 days. I made a verbal offer of full and final settlement at 25% of the balance..... this was rejected and they seek minimum 75% F&F settlement. They now want income & expenditure (I&E) sent asap so they can decide if they are going to apply for a decree or not.

                A family member is willing to make the 25% payment but will not go to 75%.

                Thanks

                P

                Comment


                • #9
                  Re: Marlin threatening decree for cabot

                  Asking for an income & expenditure sheet is pretty standard and acceptable, both to you and them. However, from your letter it looks as if Cabot have purchased/been assigned the debt and have instructed Marlins to seek collection. This needs to be confirmed, in writing, by them supplying you the Notice of Assignment for the debt to prove they are entitled to collect it. It is always best to negotiate prior to any Court action and keep it from court as long as possible.

                  25% isn't usually acceptable, even though they will probably have bought the debt for much less, try to stay in negotiations with them. Asking for an Income & Expenditure sheet is acceptable and I would encourage you to complete it and return to them. This way they will be able to see your financial situation. One thing you should be aware of, if you own your own property, if/when they take it to court they will more than likely apply to have a charge over your property until the debt is repaid.

                  You accept that the debt is owed so there is no dispute on that, possibly only the amount through additional charges.

                  It may also be an option to agree settlement where you repay a % of the debt in one go and then continue to repay at an affordable rate by instalments.
                  Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                  IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                  Comment


                  • #10
                    Re: Cabot / Marlin Decree - Getting Really Worried

                    THINGS GET WORSE

                    Just received today's post and found this unpleasant surprise from Cabot about the account. Please see attachments.

                    P
                    Attached Files

                    Comment


                    • #11
                      Re: Marlin threatening decree for cabot

                      Ok firstly no need to panic, this is actually good and makes things less complicated for you.

                      Marlins have returned the account back to Cabot. Will post again in a sec just wanted to set your mind at ease, go get a tea/coffee and relax, it really is nothing to worry about even though it may not feel like that
                      Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                      IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                      Comment


                      • #12
                        Re: Marlin threatening decree for cabot

                        Asking for an income & expenditure sheet is pretty standard and acceptable, both to you and them.

                        Yeah back in 2012 this was a common thing I forwarded the chasing agencies. I have updated and amended a spreadsheet giving current I&E figures ready to send.

                        looks as if Cabot have purchased/been assigned the debt and have instructed Marlins to seek collection. This needs to be confirmed, in writing, by them supplying you the Notice of Assignment for the debt to prove they are entitled to collect it.

                        I received all off this from the 6th Nov in 3 letters. An assignment letter, a letter claiming Cabot had tried to contact me and now instructing Marlin and finally one from Marlin stating they were now chasing the debt. Promptly followed by their threatening a decree letter previously attached.

                        25% isn't usually acceptable, even though they will probably have bought the debt for much less, try to stay in negotiations with them.

                        What would you suggest is the typical settlement rate on current accounts?

                        One thing you should be aware of, if you own your own property, if/when they take it to court they will more than likely apply to have a charge over your property until the debt is repaid.

                        This is what the family member is trying to prevent, however they do not have a bottomless pit of money in which they can settle each debt to 75%.....once the pot goes it goes... they were trying to pay debts pro rata so all getting equal % share of what is owed.

                        You accept that the debt is owed so there is no dispute on that, possibly only the amount through additional charges.

                        How do I go around challenging the £4k figure? Is there any templates? Should I request anything else of Marlin / Cabot as well - I believe for overdrafts that CCA aint any good?


                        Moreover if you look at my latest letters received this morning Cabot are trying to DEFAULT the account now. BoS already did this. How do I stop this and prevent yet another default?

                        Thanks P

                        Comment


                        • #13
                          Re: Marlin threatening decree for cabot

                          Thanks Tools

                          Got a coffee just now.

                          Just a quick one on the letters. The dates are 27/10 and 03/11 on Cabots. These just arrived today. Marlin letters begin 06/11 and 13/11 and were received earlier this week.

                          P

                          Comment


                          • #14
                            Re: Marlin threatening decree for cabot

                            Treat yourself to a biscuit too while you are at it.

                            Right, the debt is now back with Cabot and from now on all negotiations should be carried out with them. You need to be proactive, take a deep breath and call them. Explain your financial circumstances and that a relative has agreed to help you on the condition that they can only afford to give you £xx if that will clear the debt. Otherwise you are willing to cooperate and provide them with an I&E sheet, ask them if the Common Financial Statement is acceptable (See here Common Financial Statement - Income and Expenditure )

                            From there you can negotiate an affordable repayment agreement, emphasis being on affordable, take everything into account as it is important you stick to it. Do you have any other outstanding debts, there are certain debts that take priority over other creditors such as Council Tax, TV License, etc. You can deal with this yourself and will be guided along the way with free support. There are resources available either here on our forum or from recognised services such as CAB Money, they have some fantastic guides to help you and I cannot recommend them highly enough. If you feel you cannot handle this yourself then contact free debt management organisations such as Stepchange . DO NOT enlist the services of a paid Debt Management Plan, I cannot stress this enough.

                            We are always here to help you with information 24/7 should you choose to do this yourself, just keep us updated whichever route you choose and at each stage.
                            Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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                            Comment


                            • #15
                              Re: Marlin threatening decree for cabot

                              Originally posted by platinum View Post
                              Thanks Tools

                              Got a coffee just now.

                              Just a quick one on the letters. The dates are 27/10 and 03/11 on Cabots. These just arrived today. Marlin letters begin 06/11 and 13/11 and were received earlier this week.

                              P
                              Cabot now own the debt, assuming they have the Notice of Assignment from BoS. Deal with Cabot now, if Marlins contact you tell them you are already dealing with it directly with Cabot.
                              Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

                              IF WE HAVE HELPED YOU PLEASE CONSIDER UPGRADING TO VIP - click here

                              Comment

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