Marlins To Restons and possible court action?

[Dragonmc]

Hello, everybody.

I'm new here so I greatly appreciate your time and help and advice on this stuff. I really do.

I've been in the process of sorting out creditors and finances and stuff and - for the most part - have done a good job. I set up an Annual Credit Report thing and contacted all creditors pro-actively setting up payment plans and agreements on how to move forward.

However, I've received a letter from Marlin Europe II Limited informing me of a "Change of Agent" saying I'd not agreed a payment plan with Advantis, the creditor of my account with Marlin, and they've appointed Restons Solicitors to "take over recovery activity."

The same day I received a letter from Restons saying they're seeking immediate payment plus interest where appropriate (this is currently £2,524.85). The date to pay in full is 29th Nov 2013. Failing this they say they have "strict instructions to issue a County Court Summons for the full balance" and any other costs. Also that they are "instructed to seek a judgement against you" which is nice and pleasant.

They also say they may be prepared to accept payments in instalments and to complete a form about income/expenditure or contact them. There's the other offer of a "specially discounted settlement figure" should I pay now and in most of the balance yet no indication of any figures.

Reflecting on this I have come to realise that it must be related to an very old loan with Lloyds TSB taken out way back, it's not on my credit report but unsure whether it's passed the Statute of Limitations time scale as I recall having a discussion about it with Lloyds probably 4 to 5 years ago. But I don't know for sure as I haven't received any communication about any of this from Marlin or anybody else as the Lloyds loan was cleared I believe but it may relate to another debt with them. I honestly can't say for sure.

I noticed that here there are a lot of talks about Restons being very eager to move to Court action and generally be a bit of a bully.

I'd appreciate some guidance as to how to proceed. Am I best contacting them to arrange a payment plan? Am I better of sending a "Prove It" letter or similar?!

Thanks again everybody. I'm thankful for your time.

D

[Dragonmc]

Re: Marlins To Restons and possible court action?

Hello. I notice that 41 people have viewed this but have yet to have anybody offer any comments. I'm grateful you've read my post but I would be equally grateful if somebody could offer a polite pointer or two. I want to try and avoid legal action (CCJ) where possible as I've just started a new job and if a CCJ is granted it could put that role in jeopardy and mean I am unable to pay a penny.

Thanks.

[Amethyst]

Re: Marlins To Restons and possible court action?

Hi Dragon, Things do tend to be a little quieter on weekends but my apologies for delay in responding. Welcome to the site

You sound as though you have a good grasp on things so far. As you know Restons do tend to go for court action to secure the debt as soon as they see a debt management plan etc, there's a number of threads about them across the forum - I had the pleasure of a charging order from them back in 2006 and they don't seem to have changed tactics since then.

So you believe this is for a Lloyds loan, passed to Marlin, passed to Restons ? Yet you feel the Lloyds loan was settled ? Who are Advantis ?

First thing to do is to send a request to Restons for a copy of the original credit agreement combined with a prove it letter, particularly as you aren't 100% which account they are chasing, I'd also send a SAR and CCA request to the original creditor once you know who it is.

If it was a loan account might you have had PPI on it ? If so you might be able to reclaim that which then would come off the balance of the debt.

I'd adapt the letters to show you would be happy to come to an instalment arrangement if they tell you what the debt is and have the relevant paperwork for it, which might stave them off from just trying court action before responding to your CCA request.

[labman]

Re: Marlins To Restons and possible court action?

A CCA request first is definitely the way to go - I'll post a template in a minute. After that, and depending what comes back you decide what to do. There are three possible potential options I think:

i) You discover it is Statute Barred

ii) You get an agreement and need to negotiate a repayment in line with your existing DMP. In this case, don't return their form, it will be missing some key expenditure. Use the one on NEDCAB (Google it) or National Debtline.

iii) You either get no agreement or an unenforceable agreement and go the UE route until such time as it becomes Statute Barred.

Have you looked at your credit file to see when the default date was? Do you know when the last payment was made? The CCA request should give you a statement of account as well.

Here's the template. Where there's gobbledegook above the 'Print Name' copy and paste the attached and sign over it to stop them lifting your signature:

Address

Date

Dear Sir,

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77 will apply.

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc.

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

I look forward to hearing from you.

Yours faithfully,

[IMG]file:///C:\Users\Home\AppData\Local\Temp\msohtmlclip1\01\c lip_image001.jpg[/IMG]

Print Name

[Dragonmc]

Re: Marlins To Restons and possible court action?

Thanks. I appreciate your time. So best thing to do is to send the above CCA request to Restons?

On Annual Credit Report this debt isn't there, and I can't find any indication of it. I'm really at a loss. I'm happy to pay my debts but this was out of the blue. And if there's court action I'm thoroughly screwed.

[labman]

Re: Marlins To Restons and possible court action?

Send off the CCA request - get a minimum of proof of postage (if possible ask for one of the old certificates with the address it's going to actually written on it). You may want to send it recorded delivery in order to get proof of receipt, but this is not required by law, delivery is assumed.

Don't worry and we'll see what comes back. That's what will dictate the way forward. :beagle:

[Dragonmc]

Re: Marlins To Restons and possible court action?

Thank you. Thank you for your help. I really appreciate it.

[FlamingParrot]

Re: Marlins To Restons and possible court action?

However, I've received a letter from Marlin Europe II Limited informing me of a "Change of Agent" saying I'd not agreed a payment plan with Advantis, the creditor of my account with Marlin, and they've appointed Restons Solicitors to "take over recovery activity."

The same day I received a letter from Restons saying they're seeking immediate payment plus interest where appropriate (this is currently £2,524.85). The date to pay in full is 29th Nov 2013. Failing this they say they have "strict instructions to issue a County Court Summons for the full balance" and any other costs. Also that they are "instructed to seek a judgement against you" which is nice and pleasant.

They also say they may be prepared to accept payments in instalments and to complete a form about income/expenditure or contact them. There's the other offer of a "specially discounted settlement figure" should I pay now and in most of the balance yet no indication of any figures.

Reflecting on this I have come to realise that it must be related to an very old loan with Lloyds TSB taken out way back, it's not on my credit report but unsure whether it's passed the Statute of Limitations time scale as I recall having a discussion about it with Lloyds probably 4 to 5 years ago. But I don't know for sure as I haven't received any communication about any of this from Marlin or anybody else as the Lloyds loan was cleared I believe but it may relate to another debt with them. I honestly can't say for sure.

I noticed that here there are a lot of talks about Restons being very eager to move to Court action and generally be a bit of a bully.

Restons + Marlin are an explosive combo so it's best to be one step ahead of them. Because the letter contains a definite legal threat (and it comes from Restons acting for Marlin), it should really be treated like a Letter Before Action.
You may want to look at this thread where the OP had also received a similar letter. Basically what was done here was first send the CCA request, then respond to the solicitors' letter saying a CCA request had been sent. They have 14 days to respond to the CCA request, taking them to Dec 2nd. Ideally you should reply to Restons letter before Nov 29th because technically they *could* issue a claim before the 14 days are up and you couldn't argue non-compliance with your CCA request.

What you would say to Restons is that you are awaiting response to your CCA request, but also that you are aware of the law and familiar with the CCA, etc. You may want to look at this post: http://www.legalbeagles.info/forums/...364#post386364 :thumb:

[Dragonmc]

Re: Marlins To Restons and possible court action?

Ok, I've started drafting the letters and will post them tomorrow or Wednesday. I'm right in thinking that I send the CCA to Marlins and copy in Restons with a cover letter saying what I've done?

I know I'm getting ahead of myself here but I understand they're Quick to go to court regardless of a DMP (currently in the process of being set up via StepChange).

[labman]

Re: Marlins To Restons and possible court action?

Yes in answer to your question.

Marlin have a reputation for being aggressive, you're right, but they have to do things correctly, and you can put obstacles in their way to delay things, as mentioned by FP above.

[Dragonmc]

Re: Marlins To Restons and possible court action?

I've got £500 in savings, part of me wants to phone them and offer it and try and get a payment plan to avoid the hassle and stress and worry (which is considerable). But the other part of me thinks it would wouldn't make much difference.

Sigh. I do greatly appreciate Everybody's help and guidance so far. You've all been remarkably nice and welcoming and supportive. Thanks.

[labman]

Re: Marlins To Restons and possible court action?

You'd be offering roughly 20% of the balance on a debt that has been sold but may be subject to court proceedings if they can produce a CCA or decent reconstituted version.

20p in the £1 is likely to be close to what Marlin paid for the debt. The issue you may hit is them wanting a bigger slice of the pie than the others in the DMP which would destroy the whole thing - a DMP has to be equitable, and thus calculated on a pro rata basis.

Would it be enough to stop court action? Possibly. Would it put you into another awkward situation? Possibly.

Sorry, I know this doesn't give you answers - we haven't got crystal balls and can't predict how they would respond. If you had a representative, they'd be able to contact Restons and Restons would say what they would be likely to do. A tricky one.

I think you'd be wise if you can cope with the worry, to wait for the CCA to be returned, though the court people will need to advise on being able to delay court action which I believe they have already.

[FlamingParrot]

Re: Marlins To Restons and possible court action?

Ok, I've started drafting the letters and will post them tomorrow or Wednesday. I'm right in thinking that I send the CCA to Marlins and copy in Restons with a cover letter saying what I've done?

I know I'm getting ahead of myself here but I understand they're Quick to go to court regardless of a DMP (currently in the process of being set up via StepChange).

I'd wait for their response to your CCA request before setting anything up.

[labman]

Re: Marlins To Restons and possible court action?

I think you'd be wise if you can cope with the worry, to wait for the CCA to be returned, though the court people will need to advise on being able to delay court action which I believe they have already.

I'd wait for their response to your CCA request before setting anything up.

I think that says it all really! :beagle:

[Dragonmc]

Re: Marlins To Restons and possible court action?

Morning, everyone. I've drafted my letters and was thinking - seeing as the letter comes from Restons, via Marlin and mentions Advantis am I worth sending each one a CCA request and a covering note saying I've contacted the other parties doing the same?