Finance Debt sold to Marlin Financial Services

[adinmatty]

Re: Finance Debt sold to Marlin Financial Services

Hi All!

I am in exactly same boat as 10pack and we were in the same legal group for some time as well. He mentioned to me that he found you here with very similar problem.

Basically, in my case, I enroled on Advent coursed right after Christmas and Advent went bust late January. Story is the same as others with Advent: BPF ignored us, than fobbed of to Computeach which we recognized as not like for like. Lost case with FOS (they should just delete this institution, such a useless body), followed by membership in this huge legal action group which collapsed (too many different circumstances). Than I decided to just give it a time and forget about case, following quiet time from BPF side. Apart from default which they added to this account quite quickly.

Anyway, New Year (2013) and letter from Marlin was here. I waited few days to notice that others received that one too and decided to challenge the DOA (lack of readable signature) and also ask for CCA (I made a mistake here unfortunately, paid a fee with check - needed to sign it... ). Anyway they sort of ignored part about DOA not being up to legal standard and responded with usual "we dont have it, will ask original creditor" for CCA part. And there I am waiting for it.

Now today I have checked Experian report just to notice that on 27th Jan they added another account for Marlin, with the same amount as for defaulted with BPF (not correct amount though, includes fees added when account was disputed and with FOS) - the default date is year later than original... I rang Experian than and they were going to contact both BPF and Marlin on my behalf and establish what is going on. They also told me, they should be informed in case the debt was sold (transferred) and they have got nothing about this from Barclays.

And there I am. I dont want to make it very long post, as I already mentioned it is very similar to 10pack's story.

I will keep you all posted if I get anything from Experian.

[CheesedOffCharlie]

Re: Finance Debt sold to Marlin Financial Services

Hi adinmatty welcome to the group. Yes our cases are so similar, different courses that's about it!! The hard sales scam. I totally agree with you, the FOS were wors than useless. The one good thing though is it took them so long to investigate.. We only received our final response which we were no allowed to appeal against in December 2012. The was investigating for 2 years. Every time they found in favour of BPF I contested it lol.. in the end we had to sign letter confirming that we didn't accept their decision so wasn't bound by it but couldn't contact them again.

10pack was telling me about your case, you know what I think makes your case even stronger.. the fact that you never paid a penny and refused to accept the new course they offered you so you have never used any services. How can you be charged for services you didnt receive and being lumbered with another company that you didnt accept.

I checked my boyfriends credit report, the debt isnt registered by BPF still and Marlin havent put anything on it yet either.. doesnt even show they have been snooping around it yet. I'm sure the buggers will though, that is why we are going to keep the Experian account open so I can see if they are doing anything dodgy.

[adinmatty]

Re: Finance Debt sold to Marlin Financial Services

Well you correct in this that I havent used the service, they just managed to send me one book and thats it. Lucky enough I requested to move payment date (as I had this right to move it few days earlier/later) to Feb to just notice few days later they went bust. And it was BPF who actually cancelled Direct Debit after putting account on hold on 4th Feb (well not sure it actually happend, but their letter stated that)...

Anyway I tailored long, juicy letter over weeked and posted it to BPF. I have added one point which I believe might be somewhat new, haven't noticed anyone trying it yet. Basically I stated that the contract is void as Advent, on the day when my enrolment was signed, was aware of Barclays pulling out the financing. So they were aware they were not going to fulfill the contract and entered into it without means to provide the service. I am sure that can be proved, and I have got directors statement about this from their website (screenshot rules)...

Anyway, will see what happen next, but I am determined now to go all the way down to county court. Got really fed up with scums.

[adinmatty]

Re: Finance Debt sold to Marlin Financial Services

Right, can somebody confirm my understanding of the below? I understand that accepting or declining replacement product/service from equally liable creditor is up to debtor (us) not the bank? And also it does not say anything about having to prove that it is not like for like...? What do I miss here stopping us from simply refusing replacement course and asking BPF to refund/cancel agreements and them must comply?

CCA 75A:
(4)For the purposes of subsection (2)(d) a debtor is to be deemed to have obtained satisfaction where he has accepted a replacement product or service or other compensation from the supplier in settlement of his claim.

[adinmatty]

Re: Finance Debt sold to Marlin Financial Services

Check this out guys, we should have strong case against double records with CRAs and probably defaults itself:

- google for this Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983

- check the ICO guidance based on this document here http://www.ico.gov.uk/for_organisati...%20%20doc.ashx - this one is much easier read, especially look at point 32-45 and 2 last pages.

Once you happy you got the grip on it file case with ICO, so do others and lets harras the scum.

[Kafka]

Re: Finance Debt sold to Marlin Financial Services

I don't think there is any dispute that you cannot register credit details twice for the same account, neither can you default the same account twice. The only exception is where there is a CCJ against the account, in which case you will normally see both a default and a CCJ against the same account, listed in different sections.

[adinmatty]

Re: Finance Debt sold to Marlin Financial Services

Thanks Kafka.
I basically shared my discovery legislation wise, as I was looking for what is backing it up and how and where to complain over it. So I believe the above is the source and way to proceed
I asked some questions about that earlier in the other thread and haven't received any answer, therefore sharing what I found myself.

[10pack]

Re: Finance Debt sold to Marlin Financial Services

Hello
Can anyone explain to me about when is an account or debt no longer in dispute?

Is it no longer in dispute because the bank or finance company decide they no longer wish to communicate with you.. ie their final letter?..

what about if I still hold the matter to be in dispute.. do I have rights? if so how can a bank just ignore the fact its in dispute and sell on a debt is that not illegal?.

[CleverClogs]

Re: Finance Debt sold to Marlin Financial Services

if so how can a bank just ignore the fact its in dispute and sell on a debt is that not illegal?.

Let me put it this way...
Would you still flush away your turds if you could get someone to buy them?

[FlamingParrot]

Re: Finance Debt sold to Marlin Financial Services

Hello
Can anyone explain to me about when is an account or debt no longer in dispute?

Is it no longer in dispute because the bank or finance company decide they no longer wish to communicate with you.. ie their final letter?..

what about if I still hold the matter to be in dispute.. do I have rights? if so how can a bank just ignore the fact its in dispute and sell on a debt is that not illegal?.

No, it's not illegal to sell disputed debts, it's a bit like selling a business: the new owner gets all the assets as well as the liabilities. In this case, the new owner gets all the rights but also the responsibilities of the account.

Debt purchasers buy accounts in bulk without any details or paperwork. That includes unenforceable and statute barred debts. It's up to the debtor to inform the new owner of any disputes, otherwise they wouldn't be aware of them.

[Amethyst]

Re: Finance Debt sold to Marlin Financial Services

:beagle: