Marlins To Restons and possible court action?

[CleverClogs]

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.

I expect it would make a difference, but not in the way you'd like.

It would encourage the buggers to be nastier and more aggressive in their dealings with you.

[FlamingParrot]

Re: Marlins To Restons and possible court action?

I expect it would make a difference, but not in the way you'd like.

It would encourage the buggers to be nastier and more aggressive in their dealings with you.

...as well as resetting the SBd clock! :clock: :scared:

[Dragonmc]

Re: Marlins To Restons and possible court action?

Right, ready to go I think. If somebody could just quickly scan and let me know if it's sufficient or whether I should edit anything. It's going in the post Thursday morning via Recorded/Signed delivery.

This is going to Restons, Marlin AND Advantis with a £1 postal order respectively:

"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 am in the process of organising an instalment arrangement with StepChange via means of a Debt Management Plan and am happy to meet any debt obligations within this via instalments if you inform me what the debt is, demonstrate that it is mine and demonstrate that you have the relevant paperwork for it.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 am in the process of organising an instalment arrangement with StepChange via means of a Debt Management Plan and am happy to meet any debt obligations within this via instalments if you inform me what the debt is, demonstrate that it is mine and demonstrate that you have the relevant paperwork for it.

[Dragonmc]

Re: Marlins To Restons and possible court action?

And this cover letter will go to all.

"Thank you for your letter, the contents of which I have noted.

Sinc Reston's/your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim.
With regards to the subject matter of your letter, this is the subject of a dispute which has been raised with Restons, Marlin Financial II and Advantis. A copy of the corresponding CCA requests sent to the other companies are enclosed for your information. Therefore it would be appropriate before any/you threaten litigation for you/your clients to actively deal with the issues which I have raised.

Section 78 Consumer Credit Act 1974 - You will no doubt be aware that Section 78 of the Consumer Credit Act offers a provision whereby the holder of a running credit account can obtain vital information. This information is needed to determine the exact terms under which a financial account is administered, and complying with the provision is a statutory requirement. On 19th November 2013, I submitted a statutory request pursuant to the aforementioned section of the Act. I am awaiting a response to my request.

Accordingly, and in accordance with the CPR Pre Action Protocol practice direction, I look forward to your reply setting out correctly the nature of your/your clients claim and answering my dispute as stated above.

I am in the process of organising an instalment arrangement with StepChange via means of a Debt Management Plan and am happy to meet any debt obligations within this via instalments if you inform me what the debt is, demonstrate that it is mine and demonstrate that you have the relevant paperwork for it."

[Dragonmc]

Re: Marlins To Restons and possible court action?

Thanks everybody. You're awesome. :tongue2:

[CleverClogs]

Re: Marlins To Restons and possible court action?

Right, ready to go I think. If somebody could just quickly scan and let me know if it's sufficient or whether I should edit anything. It's going in the post Thursday morning via Recorded/Signed delivery.

This is going to Restons, Marlin AND Advantis with a £1 postal order respectively:

First of all, you appear to have two copies of the same letter! This, together with the same error in both copies of the letter, would suggest to the recipient(s) that the letter had been copied from a letter template which, in turn, may encourage them to get rather snotty with you. (The error is that it first refers to sections 77 and 78 of the Consumer Credit Act 1974, and then to only section 77. Section 78 deals with "running credit" accounts rather than loans,)

Secondly, I am unclear why you want to send the request to Advantis, who are no longer chasing you for the alleged debt, or to Restons, who are not the new creditors of the alleged debt but are the creditor's legal services provider.

Finally, I am unsure that it would be entirely wise to include this:

I am in the process of organising an instalment arrangement with StepChange via means of a Debt Management Plan and am happy to meet any debt obligations within this via instalments if you inform me what the debt is, demonstrate that it is mine and demonstrate that you have the relevant paperwork for it.

... as it may tend to encourage the buggers to press you harder and is, in any case, largely irrelevant to this request.

[Dragonmc]

Re: Marlins To Restons and possible court action?

Right. Perhaps I got confused. Well, not perhaps. Definitely! Just the first letter to Restons and Marlin is enough then?

[FlamingParrot]

Re: Marlins To Restons and possible court action?

Below is the CCA request letter I use. It should be sent recorded delivery with a PO for £1 and signed using a computer font rather than your real signature. They have 14 days to respond. :thumb:

A CCA request letter shouldn't be used to discuss anything else, such as payment arrangements, DMPs, etc. :nono:

Send it to Marlin, who are the creditor who own the account and will have to go back to the original lender for the documents. :typing:

Dear Sirs,

Account or Reference No.:

I hereby formally request a copy of my Consumer Credit Agreement, pursuant to s.77-79 of the Consumer Credit Act 1974 (CCA1974).I require you to provide me with a true copy, or reconstituted copy of the credit agreement relating to any account you deem to be mine, 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 (12 + 2 days).

If it is your view that you are not the creditor, s.175 of the CCA1974 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).

In line with recent OFT Guidance (issued Oct 2010) surrounding Unenforceability, I presume you're aware that the OFT has stipulated that 'sections 77-79 of the Consumer Credit Act 1974 outline the information creditors must provide to debtors under fixed-term, running account & Hire Agreements'. This simply means that 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

So, in line with the OFT Guidance, and the Consumer Credit Act, please find attached my £1 payment, which is the statutory fee - note that these funds are not to be used for any other purpose.

Yours faithfully,

---

[FlamingParrot]

Re: Marlins To Restons and possible court action?

Below is the letter you can send to Restons once you have sent the CCA request to Marlin. You could also attach a copy of your CCA request without the £1 fee, that only has to be paid once, to the creditor. It would still be a good idea to send it recorded and sign digitally.

As your opening post mentions a loan, I have made reference to s.77 rather than s.78 which applies to credit cards.

Dear Sirs

Re your letter dated xxth November 2013.

Thank you for your letter, the contents of which I have noted.

Since your letter clearly refers to the threat of litigation, I am treating it as a formal letter of claim, albeit an entirely defective one. I refer you to the Civil Procedure Rules Pre-Action Protocol practice direction, in particular Annex A and Annex B. You will note your letter fails to comply with either of the aforesaid Annexes.

Since you are a firm of solicitors, I cannot excuse such failures, and place you on notice that any litigation on the back of this letter will result in an immediate application to the Court requesting the matter stayed, with costs against you and your client on the indemnity basis. I refer you to Para 4.6 of the Practice Direction which explains the consequences of non compliance with the Pre-Action Protocol.

Turning to the subject matter of your letter, this matter is the subject of a dispute which has been raised with your client's representatives, and therefore it would be appropriate before you threaten litigation for your clients to actively deal with the issues which I have raised.

Section 77 Consumer Credit Act 1974 - You will no doubt be aware that Section 77 of the Consumer Credit Act offers a provision whereby the holder of a fixed-sum credit agreement can obtain vital information. This information is needed to determine the exact terms under which a financial account is administered, and complying with the provision is a statutory requirement. On xxth November 2013, I submitted a statutory request pursuant to the aforementioned section of the Act. I am awaiting a response to my request.

Accordingly, and in accordance with the CPR Pre Action Protocol practice direction, I look forward to your reply setting out correctly the nature of your clients claim and answering my dispute as stated above.

Yours Faithfully

[Dragonmc]

Re: Marlins To Restons and possible court action?

Right. I've followed your lead FP (let's be honest my letters sucked!) and the letters will go recorded/signed today. Then I guess I just have to wait and see what comes back and then post it up here for dissection and opinions. Who knows what will come back? Maybe nothing. Maybe something. We'll just have to wait and see.

Without sounding corny it's been a relief getting yours and everybody's help here. Certainly from the worry side of things it's been tremendously calming. So cheers.

[CleverClogs]

Re: Marlins To Restons and possible court action?

Remember - now that Shylock Orders have been outlawed, Marlins may no longer demand a kidney or part of your liver in settlement of a debt.

[FlamingParrot]

Re: Marlins To Restons and possible court action?

Right. I've followed your lead FP (let's be honest my letters sucked!) and the letters will go recorded/signed today. Then I guess I just have to wait and see what comes back and then post it up here for dissection and opinions. Who knows what will come back? Maybe nothing. Maybe something. We'll just have to wait and see.

Without sounding corny it's been a relief getting yours and everybody's help here. Certainly from the worry side of things it's been tremendously calming. So cheers.

That's right. Hopefully this should get Restons off your back and make them think twice before issuing proceedings, now they know you are on the ball and waiting for a CCA request, that Marlin very likely won't be able to fulfill within 14 days, as they'll have to request the documents from the original lender. :clock: :clock:

[Dragonmc]

Re: Marlins To Restons and possible court action?

[IMG][/IMG] So here's the response from Marlin

[Dragonmc]

Re: Marlins To Restons and possible court action?

Typically Reston's are being annoying. I didn't sign, I know there was the 'tamper proof' image to sign over but didn't realise it was such an integral element. [IMG][/IMG]

[Dragonmc]

Re: Marlins To Restons and possible court action?

I'm going to resend the letter to Reston's albeit with the anti tamper signature.