Marlin and the great Barclaycard climb-down

[Bennysonic]

Hi.

A few months back I posted about an aged debt to Egg which was passed to Barclaycard upon their purchase of the business and then sold to Marlin Financial services who began the collection process.
(originally posted here: http://www.legalbeagles.info/forums/...ht=#post327591)

On application by me for a CCA from Marlin (the debt owners now) they ummmed and ahhhed and finally produced a letter from Barclaycard saying there was no CCA and so the debt was unenforceable.

I then wrote to Marlin advising that the debt was unenforceable and asked (as debt owners) to consider writing the debt off, enclosing a comprehensive financial summary in support of the request.

Today I received a letter from Marlin, apologising profusely for any 'inconvenience caused' and advising they had closed the file and passed the matter back to the original creditor. So my questions are these:

1. If Marlin bought the debt, aren't they now the creditor and are Barclaycard going to want to get involved with a debt they have sold on?
2. By saying they are 'passing the matter back to the original creditor' ... is that actually as ominous as it sounds?

Obviously the original CCA is long lost in the crossover from Egg to BC but I always fear it could turn up.

Does anyone have a view on the situation or have any personal experience of this kind of 'hand back' situation.

As always, all help gratefully received.

Thanks

[labman]

Re: Marlin and the great Barclaycard climb-down

Honest best advice - Keep Quiet!

[Bennysonic]

Re: Marlin and the great Barclaycard climb-down

Honest best advice - Keep Quiet!

Thanks Labman... that certainly was the backbone of my plan. Nice to have it confirmed.

[ODC]

Re: Marlin and the great Barclaycard climb-down

Benny well done but you did not have to send them anything other than a CCA request. Without the CCA they were stuffed from the start. Now that Sharkleys have admitted no CCA exists its game over. I also have a CCA request away to Marlins re an old egg one which is statute barred twice over.

[CleverClogs]

Re: Marlin and the great Barclaycard climb-down

I also have a CCA request away to Marlins re an old egg one which is statute barred twice over.

If the alleged debt is statute barred, why have you bothered Marlins with a CCA request?

Admittedly, it's probably a good idea to get them chasing their own tails in the hope they'll get something once they've cobbled something together, but is it really sportsmanlike to have a battle of wits with people so evidently unarmed?

[PlanB]

Re: Marlin and the great Barclaycard climb-down

There's a case on All-About-Debt website where the creditor (MKDP) have sent the account back to Barclaycard after they issued proceedings and realized from the Defence that they hadn't got a legal leg to stand on. The claim is stayed

Most debt purchases are on a 'sale or return' basis within a limited timeframe if the fault lies with the OC. I'll eat my hat if Barclaycard try to pursue you for this debt :yo: Labman is right. The only thing to do now is nothing :tape:

[FlamingParrot]

Re: Marlin and the great Barclaycard climb-down

Barcraps are notoriously bad at retrieving agreements, especially if they are a few years old, they sent them away for archiving and then got lost/destroyed/misplaced. :grin:

I'm waiting to hear from Marlin any second about a bad Egg. :ohwell:

[ODC]

Re: Marlin and the great Barclaycard climb-down

If the alleged debt is statute barred, why have you bothered Marlins with a CCA request?

Admittedly, it's probably a good idea to get them chasing their own tails in the hope they'll get something once they've cobbled something together, but is it really sportsmanlike to have a battle of wits with people so evidently unarmed?

I didnt realise it was Stat Barred at first. thought it was a Barclays one but when I discovered it was an old egg one I realised. Still its only a quid and heaven help Marlin they need the money

[CleverClogs]

Re: Marlin and the great Barclaycard climb-down

I didnt realise it was Stat Barred at first. thought it was a Barclays one but when I discovered it was an old egg one I realised. Still its only a quid and heaven help Marlin they need the money

It's how much?

[Bennysonic]

Re: Marlin and the great Barclaycard climb-down

Thanks to everyone who contributed on this. I feel much more confident now and may actually be 6k+ less badly off than I feared. Fingers crossed.

B

[ODC]

Re: Marlin and the great Barclaycard climb-down

It's how much?

A quid for the cca

[PlanB]

Re: Marlin and the great Barclaycard climb-down

I feel much more confident now and may actually be 6k+ less badly off than I feared.

And you gave Marlin a slap which in another bonus :cheer2: :cheer2: :cheer2:

[CleverClogs]

Re: Marlin and the great Barclaycard climb-down

A quid for the cca

I meant how much do they suppose you owe?

[basa48]

Re: Marlin and the great Barclaycard climb-down

I had an Egg card many years ago that was a subject of the great "We are Ending Your Agreement" fiasco. I stopped paying soon after !! The argument being 'why should I pay a debt where the credit agreement has been "ended"'?

Anyhow, much later, I read about the Egg sell off to Barclaycard but still heard nothing until Marlin contacted me. I simply replied I had never had a Barclaycard or even banked with Barclays. That was 2 months ago. Either they are looking for a non existent Barclaycard agreement, an 'ended' Egg agreement or have given up (for now).

[ODC]

Re: Marlin and the great Barclaycard climb-down

I meant how much do they suppose you owe?

£1200 give or take a pound.