marbles credit card problems

[carlos09]

Re: marbles credit card problems

many thanks for that
in the four years we have been with payplan and paying marbles we have paid of nothing really.
they keep finding a way to keep me owing them over 3000. on the payplan account it says i have 2250 left but on a recent statement it show i still owe 3100.
i never would have got it to this mess if the cc companys didnt put there interest rates up..marbles went from 12% to 18% and then to 32.9% as did the other companies and then wonder why we cant pay

myself and my wife work full time have 3 kids have 1 holiday a year in the uk and drive 2 **** boxes of cars and we are always skint, where as the lady over the road doesnt work has loads of kids and goes on holiday to florida..what is the point

[FlamingParrot]

Re: marbles credit card problems

many thanks for that
in the four years we have been with payplan and paying marbles we have paid of nothing really.
they keep finding a way to keep me owing them over 3000. on the payplan account it says i have 2250 left but on a recent statement it show i still owe 3100.

Didn't you get interest frozen when you set up your DMP? That's supposed to be the job of companies such as Payplan when they set up DMPs! What's the point of going on a DMP if you're not going to be clearing the debt, just lining the banker's pockets! That's what you do when you're still meeting your contractual payments but then you wouldn't have a default recorded against you.

i never would have got it to this mess if the cc companys didnt put there interest rates up..marbles went from 12% to 18% and then to 32.9% as did the other companies and then wonder why we cant pay

myself and my wife work full time have 3 kids have 1 holiday a year in the uk and drive 2 **** boxes of cars and we are always skint, where as the lady over the road doesnt work has loads of kids and goes on holiday to florida..what is the point

Same here! It all started when MBNA decided to increase interest to a whooping 36%! :scared: :scared: :scared: Because there was also PPI, the balance started to INCREASE despite not using the card (was maxxed out) and keeping up the DD with monthly payments. Then they started charging overlimit charges! :rant: :rant: :rant:

All this at a time when everyone was suffering financially as a result of the recession brought about by the global economic meltdown caused the the banks themselves! It is their own greed without limits that's caused all the problems! :mad2: :mad2: :mad2: :mad2: :mad2:

[carlos09]

Re: marbles credit card problems

Well the interest is frozen this is why I can't under why its not going down.
We have missed the odd payment to payplan but we have caught up

[carlos09]

Re: marbles credit card problems

hi all

28 days ago i sent a CCA request to marbles, they replied within 7 days to say that they would be sending one out.

this morning i recieved a letter to say that

they were unable to provide a copy of the original agreement
doesnt anyne have any ideas what to do next?

cheers carl

ps i could post a copy of the letter if someone knows how

[FlamingParrot]

Re: marbles credit card problems

hi all

28 days ago i sent a CCA request to marbles, they replied within 7 days to say that they would be sending one out.

this morning i recieved a letter to say that

they were unable to provide a copy of the original agreement
doesnt anyne have any ideas what to do next?

cheers carl

ps i could post a copy of the letter if someone knows how

If all you received is a letter saying they cannot provide it, that's very good news, because it means the account is unenforceable and they wouldn't be able to take it to court. :cheer2: You should keep that letter very safe. :lock1:

I have a couple of letters from MBNA saying exactly the same thing, I haven't heard from them, or anyone acting on their behalf, for over a year!

It's up to you but if it was me, I wouldn't be paying them another penny, in fact, I haven't paid MBNA since Jan 2010. As long as you are making payments the debt will never become Statute Barred.

If someone writes to you with regards to this account, you could send them the following, along with a copy of the letter you have confirming there's no CCA:

Dear Sirs
Account XYZ


On [DATE] I wrote requesting a true copy of the executed credit agreement for the above account. In response to this request I was supplied a document, a copy of which is attached, that confirms the lender does not have a copy of the agreement.

In line with recent OFT Guidance surrounding Unenforceability, the OFT has stipulated the following;

Sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements. Under these sections a debtor can pay £1 to get:

• a copy of their agreement
• copies of some of the other documents mentioned in their agreement
• a statement of account.

If this information is not provided within 12 working days the debt becomes unenforceable. This means a creditor cannot:

• make the debtor pay the debt before they're supposed to
• get a court judgment against the debtor

As I have attached a copy of the letter, from the Original Creditor, confirming they cannot fulfil my CCA Request, I await your confirmation that no further action will be taken and that the account is now closed.

Yours faithfully,

[carlos09]

Re: marbles credit card problems

Many thanks for taking time to read my post
could I send you a copy to read be ausr there is other things on there
that worry me before I would send that letter
carlos

[FlamingParrot]

Re: marbles credit card problems

They are clearly stating: "At the moment we are unable to provide a copy of the original agreement".

• Going on about what a copy should and shouldn't be is totally pointless when they haven't sent a copy of ANYTHING!
• Whoever is writing to you is NOT HFC Bank, so how can they CONFIRM what HFC Bank used to do?
• It's all well and good to state what the purpose of s.78 is but, by not sending any documents, they have NOT complied with s.78 at all!
• They end by saying that even if an agreement is unenforceable, the 'contract' still has legal effect, however, how can they refer to a contract that they clearly have not got in their possession and haven't even seen? If they had it, they would have sent it in response to your request. With regards to the phantom 'contract' they are going on about, you may want to refer to this recent post on PT2537's blog. PT is a LB member and a well known consumer lawyer :first: --> http://paulatwatsonssolicitors.wordp...bt-purchasers/

The Claimant did not have any documents , when i got hold of the file i asked for docs, at that point the solicitors who were acting were dismissed, and the Claimant took the case in house. I ended up needing an “unless order” from the Court to get a copy of the Contract which in itself was shocking, as clearly there was no way a full apraisal of the case could have been carried out if they didnt have the contract they were suing under. I mean think about it, they claim the debtor breached the contract, how do they know? how could they even say which term was breached if they didnt have the contract?

I hope that allays your concerns.

[carlos09]

Re: marbles credit card problems

Hi flaming parrot just wanted to let you know that marbles keep calling me
every time they call I mention the fact that I still have received my cca request and they ask for money

i have had a letter today to say that if I done pay in full in the nxt 7 days they will start court litigations
any advice cheers Carl

[CleverClogs]

Re: marbles credit card problems

i have had a letter today to say that if I done pay in full in the nxt 7 days they will start court litigations

Whilst one might be tempted to ask those numpties where else they might attempt litigation if not in court, it is probably little more than a standard threat-o-gram.

However, as it may be a Letter Before Action, it would probably not be wise to ignore it.

Could you scan it and post a file here with your personal details removed?

Assuming they've not completely lost their Marbles, they may just need to be reminded of s78(6) - link - of the Consumer Credit Act 1974.

[FlamingParrot]

Re: marbles credit card problems

Hi flaming parrot just wanted to let you know that marbles keep calling me
every time they call I mention the fact that I still have received my cca request and they ask for money

You shouldn't discuss anything over the phone, it's always best to keep all communication in writing. :typing:

The people who ring you don't know the first thing about CVA requests, they are trained to extract money out of you and have to stick to the script they are given, if they deviate from it they'd face a disciplinary, remember all those calls are recorded.

If you answer the phone and it's them, just refuse to go through security and hang up.

i have had a letter today to say that if I done pay in full in the nxt 7 days they will start court litigations
any advice cheers Carl

Who is the letter from? What exactly does it say? Can you remove your personal details and either scan or take a picture with a digital camera or mobile phone and post up here so we can work out the best response.

[carlos09]

Re: marbles credit card problems

Hi flaming parrot
i have just had a phone call from mmarbles they have told me that they are charging me interest and late payment charges and will default me if I don't make payment to them. I told the chap on the phone that I still haven't had my cca yet which I requested in February, and he said he will put a note on the screen.
What shall I do? Cheers Carl

[CleverClogs]

Re: marbles credit card problems

What shall I do?

Tell them that, until the s78 request is satisfied, they can play with their Marbles? :rofl:

[FlamingParrot]

Re: marbles credit card problems

Hi flaming parrot
i have just had a phone call from mmarbles they have told me that they are charging me interest and late payment charges and will default me if I don't make payment to them. I told the chap on the phone that I still haven't had my cca yet which I requested in February, and he said he will put a note on the screen.
What shall I do? Cheers Carl

I would suggest not talking to them over the phone at all! :nono: All communication should be kept in writing, if they ring again, just refuse to go through security and put the phone down. If they keep ringing you there's a letter you can send to stop the harassment. :cell:

Have you received a default notice yet? When you do, make sure you staple it to the envelope it came in, that could come in handy later in the process. :thumb: Do post up when you receive a DN or any other correspondence. :typing:

[carlos09]

Re: marbles credit card problems

Hey guys. I have just received a account closed letter from marbles.
Still never received my cca or my full statement of accounts as ask.

been in the dmp for 4years and I haven't seemed to pay anything back to them in that time in fact it has gone up.
start balance was £3200.
4 years payments at £800 and the closing balance is £3400.

Any nay ideas what to do next?

cheers Carl