Marbles CCA

[The Debt Star]

Re: Marbles CCA

The only slight problem with that nowadays is that quite a few jobs insist on you having a credit check first which may or may not cause you problems.

don't even get me started on that one! there's a bloke OTR who's trying to sue HSBC for sticking a late payment marker on his credit file (incorrectly) and it cost him a job with a bank. He's been on JSA ever since poor bustard.

I know this is going off topic, but someone someday will stop the abuse of the CRA system as its being twisted out of all proportion. A way of stealth spying on people. For example, when we were renting one private landlord (joe public) wanted to cfedit check us. We told him to fox off. but its endemic now imo.

[The Debt Star]

Re: Marbles CCA

Success of sorts to report.

Marbles are refunding me £67 worth of penalty charges.

I haven't had anymeaningful response yet to my PPI claim - just a standard holding letter pending the JR.

[Caspar]

Re: Marbles CCA

That's good. Drinks are on you then?

Out of interest what did you do eventually? Did you stop paying them and place it in dispute or what?

[The Debt Star]

Re: Marbles CCA

i'm still paying them. if I don't they'll just default me, despite the fact they can't enforce the agreement.

[The Debt Star]

Re: Marbles CCA

By way of an update on various wrangles with Marbles. Please, if anyone has anything to contribute by way of advice or experiences of dealing with Marbles, then please do so.

Payment Protection Insurance

On the question of Payment Protection Insurance (PPI) Marbles have written to me stating that they are “unable to locate” any record of PPI premiums being applied to the account. This runs contrary to the evidence I have in the form of some past statements I hold confirming that my payments were “PPI premium assessed” until 2003.

SAR

I also received a letter from the bank’s Data Subject Access Request Team stating that Marbles “cannot” provide me with statements for the period 2000 – thru 2003. Apparently this is (quote) “due to them dating back over six years” and that “this is the required amount of time we are able to hold information.”

My response to bank’s letter was to point out that:

a. The bank has already supplied me with data that dates back more than six years already and therefore the statement that data is “unavailable due to them dating back over six years” must be wrong. This cannot be a question of policy.

b. The remark that data need only be held for a maximum period of 6 years appears to me to have no legal basis since if an account is current (ie still live and has not been closed) there is an obligation on the bank as the data owner to maintain data indefinitely, until the account is closed for a further 6 years from that point. AM I WRONG IN THIS?

c. While the bank may not hold any electronic data, it may hold data on paper files or on microfiche. The bank’s responsibility to comply with a Subject Access Request is not confined to electronic data only.

What recourse do I have if the bank refuse to supply data? Anyone else had dealings with Marbles?

Credit Agreement

The bank has confirmed in writing that it does not have a credit agreement for the account. I take this to mean = UNENFORCEABLE.

In their letter to me they state that “we are still able to look to recover any outstanding debt on an account. This is because use of the credit card indicates acceptance of the terms and conditions associated that account.”

I had always thought that the lender was prevented from seeking an enforcement order from the court?

[Garlok]

Re: Marbles CCA

No you are not wrong DS. The Companies Act 1986 and subsequent amendaments makes it mandatory for a business to keep records for SEVEN years as a minimum after the said transactions/agreements/business dealings have been completed.

Hence it is and has always been my view that a bank must hold all documentation right back to the date of inception of the credit card and for seven years after it has been closed/terminated etc. Reinforced by "Carey" in the summary of judgement section 234 and section 108.

The Revenue require us to keep our business records why not a bank?

regards
Garlok.

[The Debt Star]

Re: Marbles CCA

No you are not wrong DS. The Companies Act 1986 and subsequent amendaments makes it mandatory for a business to keep records for SEVEN years as a minimum after the said transactions/agreements/business dealings have been completed.

Hence it is and has always been my view that a bank must hold all documentation right back to the date of inception of the credit card and for seven years after it has been closed/terminated etc. Reinforced by "Carey" in the summary of judgement section 234 and section 108.

The Revenue require us to keep our business records why not a bank?

regards
Garlok.

Cheers bro. Sweet. I'll build that into my response to Marbles.

[PriorityOne]

Re: Marbles CCA

Credit Agreement

The bank has confirmed in writing that it does not have a credit agreement for the account. I take this to mean = UNENFORCEABLE.

In their letter to me they state that “we are still able to look to recover any outstanding debt on an account. This is because use of the credit card indicates acceptance of the terms and conditions associated that account.”

I had always thought that the lender was prevented from seeking an enforcement order from the court?

With CCA 1974, yes; courtesy of sec. 127(3) but this was removed from CCA 2006.... which they seem to be referring to in the hope that you won't know the difference.

:-)

[The Debt Star]

Re: Marbles CCA

UPDATE: After I first complained to Marbles in February, Marbles said there was no PPI despite evidence on statement there WAS for the period 2000-01. When I pointed out to them I had proof they wrote saying that as the PPI had been sold by "HSBC" that they (HSBC) would have to deal with the complaint. Marbles wrote in April saying they had forwarded my PPI questionnaire to HSBC.

Why HSBC? Don't know. The account had been with HFC until 2009 when Marbles took it over. I am led to believe that HFC are owned by HSBC.

I had in the meantime sent my PPI Quesstionnaire to the FOS and complaint form because Marbles had initially said there was no PPI and wouldn't be refunding anything.

The FOS have returned all my papers to me saying that I need a Final Response from the FOS. Because Marbles sent my PPI questionnaire in late April I would have to wait even longer for the FR.

I have complained to the FOS because imo I already have the FR - from Marbles in February telling me no PPI and no refunds due.

In the meantime, late last week, HFC wrote to me enclosing copies of letters from the FOS and Marbles requesting them to send me their FR or process the claim. HFC said they had nothing to do with it and that i should complain to Marbles!

What a nightmare.

Morning TDS,

I think I know where the problem is with this one - have you got a thread so I can have a read through it, or can you give me a brief summary of whats happened?

TBD.

Yes TBD. All above.

[The Debt Star]

Re: Marbles CCA

I attach the latest PPI rejection letter from Capone.

[di30]

Re: Marbles CCA

I attach the latest PPI rejection letter from Capone.
http://i822.photobucket.com/albums/z...1/dcea85e8.jpg
http://i822.photobucket.com/albums/z...1/fb85897b.jpg

Hi TDS

Sorry to hear this.
Damn annoying isn't it? (I take it this is the link you posted on my PM)? I could not open it so assumed this was the one here.

With it being a final decision then its FOS time. I just hope they can turn this round for you, unless you have any further information/paperwork to send you could ask them to reconsider on your reasons, sometimes they will consider despite giving you a final decision, and tell them you do not agree with the outcome, and you enclose further information in support of your case.

But otherwise go to the FOS.
Wonder if TBD will have better advice to give you on this one maybe?
Hope he will be along soon, so see if he can suggest anything.

Also sorry its taken me until now to post on this thread TDS, keep at them anyway, you can do it x

[The Debt Star]

Re: Marbles CCA

well, I logged onto Experian today and Marbles closed my account on 3 July. They have marked it as Settled. No letter, no warning, no communication of any kind. Smack bang in the middle of TWO disputes with the FOS, ref mis-sold PPI and adverse data on my credit files.

the adverse is now locked on hold on my CRFs for 6 years with no chance for me to score off the adverse data in 2 years' time.

FOS adjudicator was shocked, said he had spoken to the bank earlier and they hadn't told him the account was closed.

[The Debt Star]

Re: Marbles CCA

Anyone any views on this account closure??

[di30]

Re: Marbles CCA

That's odd TDS!

[The Debt Star]

Re: Marbles CCA

Well I've advised the FOS about what Marbles have done and also written to Antonio Osorio, who has passedit on to the complaints dept!

I have no idea what the FOS take will be on closing my account during a dispute nor what response the bank may give. All Iknow is that I only found out about it from my credit file and nothing has been communicated to me or indeed the FOS about the account closure by Marbles.