Hello, been reading loads but still unsure.

[labman]

Re: Hello, been reading loads but still unsure.

I had not heard about this until PlanB pointed me in the direction of it, quite suspicious this comes out and they shift debts and say they have nothing to do with it anymore.



Liars, liars pants on fire, the only letter they have written to me is the one telling me they have sold my loan

Then again they say that if you have a 16 digit account number it doesn't affect you, which is the number on my account number, still highly distrusting.

I don't think you should be suspicious of the assignment of your debt to Marlin. That all appears perfectly above board and is quite lawful and common. In fact, to be fair to them, they seem to be taking care to do everything correctly.

I do think someone better qualified than me needs to look at your agreement, and I'm sorry, but I can't start to take in such a huge read at this time of night - I'll take a look tomorrow for you.

Marlin are not always the nicest of people to deal with though, so I think it is wise that you treat them with a degree of caution. The fact they have not sent you the letters they claim is not exactly a good start, is it!

[Malakai26]

Re: Hello, been reading loads but still unsure.

and I'm sorry, but I can't start to take in such a huge read at this time of night - I'll take a look tomorrow for you.

Don't apologise, it is long and winded don't blame you for not being able to stomach it at this time of night. I am just wondering what happened to the PPI? I was thinking of sending them a SAR but I will wait for advice before doing anything else.

Marlin are not always the nicest of people to deal with though, so I think it is wise that you treat them with a degree of caution. The fact they have not sent you the letters they claim is not exactly a good start, is it!

Do you think I should send the CCA to these now? or wait for the first demand letter? :tinysmile_hmm_t2:

[labman]

Re: Hello, been reading loads but still unsure.

Don't apologise, it is long and winded don't blame you for not being able to stomach it at this time of night. Thank you!

I am just wondering what happened to the PPI? Try sending a pm to Di30, BillK and Turboman with a link to the thread and see what they say about the ppi. They are the real ppi specialists on LB.

I was thinking of sending them a SAR but I will wait for advice before doing anything else. I'd wait. It's not happening until the 28th, and then there's going to be a period where some of the paperwork is being transferred as per the letters. There's little point sending a SAR when you know they haven't got everything.

Do you think I should send the CCA to these now? or wait for the first demand letter? :tinysmile_hmm_t2:

I would wait until someone competent has looked at the agreement. Of those I know (there may well be more) ideally you want Celestine or pt2537 to look at it; failing one of those two looking in I would hope for Flaming Parrot and Andy58 to be looking in to look at it. None of them can say for sure whether or not it is unenforceable, but they can give their opinion on whether or not it is, and why they think that.

[FlamingParrot]

Re: Hello, been reading loads but still unsure.

I do think someone better qualified than me needs to look at your agreement, and I'm sorry, but I can't start to take in such a huge read at this time of night - I'll take a look tomorrow for you.

I would wait until someone competent has looked at the agreement. Of those I know (there may well be more) ideally you want Celestine or pt2537 to look at it; failing one of those two looking in I would hope for Flaming Parrot and Andy58 to be looking in to look at it. None of them can say for sure whether or not it is unenforceable, but they can give their opinion on whether or not it is, and why they think that.

There is a distinct possibility that we are getting two separate accounts mixed up here. As far as I can see, the agreement that was posted is for a Virgin credit card that has been sold to Arrow, rather than a NRAM loan sold to marlin. :noidea: :confused2:

I was under the impression that Malakai26 had not sent a CCA request for the NRAM loan, which is why they were supposed to be sending one to Marlin now it's been assigned to them.

Ok, I think I have sorted it now eep:

This is the Virgin Contract from the CCA request that Arrow have sent me along with the covering letter, telling me Wescot will be dealing with me on their behalf.

[Amethyst]

Re: Hello, been reading loads but still unsure.

Yip 3 debts being dealt with in this thread - it might be easier for everyone to follow if we set up a new thread for each debt and keep this one for general sorting stuff out. We can do Malakai26 v NRAM, Malakai26 v Virgin / Arrow and Malakai26 v Halifax .... and I'll put the docs we have already on the first post of each thread. What do you reckon?

1) NRAM I owe £7,486. I received a letter from them today also saying that as of the 28th October they have agreed to sell my loan to Marlin Europe V Limited, which has come as a bit of a shock also.
2) Halifax I owe £7,130 they passed it to Blair Oliver and Stone Ltd but this one still seems to be owned by Halifax
3) Virgin/MBNA/Arrow £1,708.

Done

Malakai26 v NRAM,
Malakai26 v Virgin / Arrow
and Malakai26 v Halifax

[FlamingParrot]

Re: Hello, been reading loads but still unsure.

I don't think you should be suspicious of the assignment of your debt to Marlin. That all appears perfectly above board and is quite lawful and common. In fact, to be fair to them, they seem to be taking care to do everything correctly.

I do think someone better qualified than me needs to look at your agreement, and I'm sorry, but I can't start to take in such a huge read at this time of night - I'll take a look tomorrow for you.

Marlin are not always the nicest of people to deal with though, so I think it is wise that you treat them with a degree of caution. The fact they have not sent you the letters they claim is not exactly a good start, is it!

What letters are we referring to? Marlin have just introduced themselves saying they will own the debt from Monday onwards, they are not claiming to have sent any letters.

Don't apologise, it is long and winded don't blame you for not being able to stomach it at this time of night. I am just wondering what happened to the PPI? I was thinking of sending them a SAR but I will wait for advice before doing anything else.

The SAR would have to go to NRAM, not Marlin, who wouldn't have the historical data you need.

[Malakai26]

Re: Hello, been reading loads but still unsure.

Yip 3 debts being dealt with in this thread - it might be easier for everyone to follow if we set up a new thread for each debt and keep this one for general sorting stuff out. We can do Malakai26 v NRAM, Malakai26 v Virgin / Arrow and Malakai26 v Halifax .... and I'll put the docs we have already on the first post of each thread. What do you reckon?

I am so sorry for creating this confusion for everyone, if it would be possible to start new threads that would be amazing. I was trying to keep things in one place but because NRAM have now sold my loan, it has become more and more difficult to keep track of the advice and I have been concerned that I am causing problems. :sorry:

Thank you Amethyst that is brilliant

[Amethyst]

Re: Hello, been reading loads but still unsure.

all set up (linked on my previous post) I'd just go and post a brief summary of where you are at with each and then peeps can advise on each individual case xx

oh, and it is absolutely no trouble at all

[PlanB]

Re: Hello, been reading loads but still unsure.

I would wait until someone competent has looked at the agreement. Of those I know (there may well be more) ideally you want Celestine or pt2537 to look at it; failing one of those two looking in I would hope for Flaming Parrot and Andy58 to be looking in to look at it. None of them can say for sure whether or not it is unenforceable, but they can give their opinion on whether or not it is, and why they think that.

I seemed to have got missed off that list of competent people to take a view on unenforceable credit agreements.

Must have been a mistake

[FlamingParrot]

Re: Hello, been reading loads but still unsure.

I am so sorry for creating this confusion for everyone, if it would be possible to start new threads that would be amazing. I was trying to keep things in one place but because NRAM have now sold my loan, it has become more and more difficult to keep track of the advice and I have been concerned that I am causing problems. :sorry:

Not at all! It wasn't your fault that things got a little mixed up, :nono: it happens to the best of us.

I seemed to have got missed off that list of competent people to take a view on unenforceable credit agreements.

Must have been a mistake

Yep! a few mistakes were made on this thread but Amethyst has set up shiny new ones :yo: so do join us on the threads below.

Done

Malakai26 v NRAM,
Malakai26 v Virgin / Arrow
and Malakai26 v Halifax

[labman]

Re: Hello, been reading loads but still unsure.

Originally Posted by labman


I would wait until someone competent has looked at the agreement. Of those I know (there may well be more) ideally you want Celestine or pt2537 to look at it; failing one of those two looking in I would hope for Flaming Parrot and Andy58 to be looking in to look at it. None of them can say for sure whether or not it is unenforceable, but they can give their opinion on whether or not it is, and why they think that.

I seemed to have got missed off that list of competent people to take a view on unenforceable credit agreements.

Must have been a mistake

Sorry Plan B - note the bit in red! I honestly didn't realise you felt competent in assessing the enforceability or otherwise of agreements. I'll add you to the list in future now I know.

[PlanB]

Re: Hello, been reading loads but still unsure.

Sorry Plan B - note the bit in red! I honestly didn't realise you felt competent in assessing the enforceability or otherwise of agreements. I'll add you to the list in future now I know.

Do I feel competent? I certainly do; in fact I feel bloody arrogant when it comes to assessing what makes an agreement enforceable or not ever since I spent two hours on the witness stand convincing District Judge Henrietta Manners that her pre-conceived idea of what was lawful was wrong. Ok I admit I was lip-reading PT at the back of the court at the time, but the lesson I learnt was that even though a creditor sends you random paperwork in response to a section 78 request they are a long way off proving the debt is enforceable in court.
I'm glad to be added to *The List*

For those of you who I haven't bored to death with this judgement here it is with special reference to Paragraph 11 where the DJ said "I believed her evidence" because a Defendant's credibility goes a long way to prove/disprove enforceability of a credit agreement

:juge::


http://www.bailii.org/ew/cases/Misc/2012/14.html

[labman]

Re: Hello, been reading loads but still unsure.

Do I feel competent? I certainly do; in fact I feel bloody arrogant when it comes to assessing what makes an agreement enforceable or not ever since I spent two hours on the witness stand convincing District Judge Henrietta Manners that her pre-conceived idea of what was lawful was wrong. Ok I admit I was lip-reading PT at the back of the court at the time, but the lesson I learnt was that even though a creditor sends you random paperwork in response to a section 78 request they are a long way off proving the debt is enforceable in court.
I'm glad to be added to *The List*

For those of you who I haven't bored to death with this judgement here it is with special reference to Paragraph 11 where the DJ said "I believed her evidence" because a Defendant's credibility goes a long way to prove/disprove enforceability of a credit agreement

:juge::


http://www.bailii.org/ew/cases/Misc/2012/14.html

It won't surprise you know I've read your case more than once! My 'mistake' or more lack of knowledge was over your ability to apply your case to any other agreement. Yours dealt with a store card changed into a credit card. I confess to not having any great interest or knowledge in this, and I assumed that would be rather different to appraising a car HP agreement, or a Payday loan agreement, or an agreement to sign up to a training course.

Anyway, I've learnt which is always good - I'm always happy to do that, and there's one more I can add to my list of people I know when posting here on LB. I'm sure there's still a good few more out there 'missed off the list' so I'll apologise to them in advance if I know you.

[PlanB]

Re: Hello, been reading loads but still unsure.

Yours dealt with a store card changed into a credit card. I confess to not having any great interest or knowledge in this, and I assumed that would be rather different to appraising a car HP agreement, or a Payday loan agreement, or an agreement to sign up to a training course.

That's the common misconception of my case I went into court (with PT by my side ) with four legal challenges to Santander's claim. Only one of them was non-compliance with a request under section 78 CCA 1974. Oddly enough that was the only legal argument that (wrongly) failed. We had grounds to appeal that particular legal issue but it wasn't necessary since the claim was dismissed based on successful challenges to the other three legal arguments in any event. The case wasn't only won on store card modifications issues, the case was also won on a bad DN and breach of section 61 stuff.

Or to put it another way, there is more than one way to skin a cat (in law)

[labman]

Re: Hello, been reading loads but still unsure.

My understanding was that the main issue in your case was with the supply and sigining of the store card and its T&C's, then problems with the 'upgrade' to a credit card being incorrrectly carried out. It is a while since I read it, but that's what I remember as the main issues. Apologies if that is a misconception.

My summary was too brief possibly, but the link is there for people to read should they wish to.

Anyway - back to topic. Sorry Malakai for the deviation.