jet83 v marbles

[jet83]

Hi all

I'll start with a bit of history of how this quite long dispute with marbles all started.

I sent marbles a CCA 1974 request back in march 2009 which they firstly ignored, having sent a reminder they finally replied by sending me an application form from beneficial dated december 1996. been unsure with what to do next i joined OTR who advised me that it was unenforceable as it didn't contain any of the prescribed terms within the four corners of the application. I then sent the account in dispute letter.

After months of playing postal ping pong and constant harrassment on the telephone the account was finally terminated in November 2009. Shortly after i received a demand for payment from Robinson Way Ltd (DCA) i replied by sending the well known ''bemused'' letter and finally in febuary they informed they had closed their file on me and sent it back to the OC.

Then in May i received a letter from cabot financial stating they had recently bought the account from marbles. Again i sent the ''bemused '' letter although it soon became apparent that cabot basically ignore anything you send them and try and fob you off with any old rubbish.

Then today i received an interesting letter from marbles which is a response to my complaint to the FOS which i have uploaded below and the last letter i received from cabot. I would like to make a f&f settlement offer ideally to marbles as i hate dca's but i'm unsure who actually holds it now, but in making this offer i don't wont to be made liable as in a way i would be admitting to the debt by making an f&f offer would i not?

Any help and comments would be very much appreciated :tinysmile_grin_t:

Cheers, jet

[shamen]

Re: jet83 v marbles

LOl thats classic They are admitting they dont have an agreement they can enforce in the courts, that they will not pursue you through the courts, but want you to think your are still liable so you have to pay them. If they cant provide you the CCA as requested under 77/78 within the timeframe they are in default and all collection activity must cease. full stop. Wihtout an agreement between you and them, they also cannot process your personal data (so, no reporting to credit agencies - even though they will do so until you complain to the ICO).

Im a little confused though they say they cant provide even a reconstituted copy, but then imply that you have had a copy of the agreement - can you clarify?? Do they just mean that you had a copy at the time you allegedly signed? As to their guff that 'we are satisfied XYZ would have existed at the time" that sounds as much fun as you responding " I am satisfied i didnt sign at the time, and someone in the branch did it with the signature 'mickey mouse'"

Im sure the real legal eyes on here can pull this one to bits, but it gave me a good giggle as an enthusiastic amateur.

[jet83]

Re: jet83 v marbles

Hi shamen

Yes it made me laugh aswell, had to read it 3 or 4 times to make sure i was reading it right!!!!!!

[quote=shamen;165705] Im a little confused though they say they cant provide even a reconstituted copy, but then imply that you have had a copy of the agreement - can you clarify?? Do they just mean that you had a copy at the time you allegedly signed? As to their guff that 'we are satisfied XYZ would have existed at the time" that sounds as much fun as you responding " I am satisfied i didnt sign at the time, and someone in the branch did it with the signature 'mickey mouse'"


No all i have from them is an unenforceable application form, i have already reported marbles and cabot to ICO and the FOS, i also made a complaint to the OFT regarding cabot not they ever seem to do anything of any good:rolleyes2:

I would like to make a f & f settlement offer but could marbles or cabot whoever owns the account now use that against me by saying i am admitting to the debt by making such an offer???

cheers, jet

[shamen]

Re: jet83 v marbles

At this stage you have notified them the account is in dispute and asked for your CCA as is your legal right, which tye cannot provide.

I would like to make a f & f settlement offer but could marbles or cabot whoever owns the account now use that against me by saying i am admitting to the debt by making such an offer???

If you are paying or offering to pay a debt, it would be apparent to parties concerned that you are acknowledging a debt and not disputing it (i would have thought??)

I suggest doing something like post #9 in this thread, but modified to suit your situation

http://www.legalbeagles.info/forums/...63&postcount=9

maybe something like this
(modified from original posting by DCA ignores CCA & CurlyBen)

Account In Dispute

Ref:

Dear Sir/Madam

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

On **DATE** you responded stating quite clearly that you could not provide this.

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77/78 (delete as appropriate) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

Furthermore

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before you / your client (delete as appropriate) enters into a default situation.

This limit has expired.

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)

(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law. you note yourself in your response to me that you are unable to issue court proceedings, yet are somehow implying that this account is still enforceable.

You have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested. (delete as appropriate). Returning a signed application form to me in no way constitutes a valid response to my CCA s77/78/79 request.

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS. Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within 14 days I expect that this means you agree to remove all such data.

Furthermore you should be aware that a creditor is not permitted to take ANY
Action against an account whilst it remains in dispute. you seem to be unaware of this fact in your reply of **DATE** as you have stated that you will continue to pursue collection.

The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.


I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully
BLAH

Do a computerised font or signguard it. dont want them photoshopping up something.

[jet83]

Re: jet83 v marbles

If you are paying or offering to pay a debt, it would be apparent to parties concerned that you are acknowledging a debt and not disputing it (i would have thought??)

Yeah thats what i thought its just that i dont really want to wait until its statute barred which is another four and half years away.

Thanks for that great letter i will send that monday and see what they have to say to that, no doubt another load of bull like the letter i had from them today:blah:

Thanks again for your help

Cheers