Marlins To Restons and possible court action?

[FlamingParrot]

Re: Marlins To Restons and possible court action?

So here's the response from Marlin

That is a standard response from a debt purchaser, they always have to go back to the original lender to obtain the documents because they buy defaulted accounts in bulk without any paperwork.

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

Restons like to make life difficult. There are letters that could be sent, arguing that they know b***dy well who they are corresponding with, etc., however, for the sake of simplicity, it's probably best to sign using the signature strip. :thumb: The important thing is that they have obviously received your letter and their response proves that fact, even if they are playing silly games. That means they are aware of the fact you have requested documents from their clients and are awaiting their response. Once 14 days have passed (from your CCA request, not your letter to Restons), Marlin will be in default and the account will be unenforceable until such time they send something compliant. :grin:

[Dragonmc]

Re: Marlins To Restons and possible court action?

Hello, everybody.

I hope you all had a great Christmas.

A quick update on where we are, I literally received today this letter from Marlins. It enclosed a 'statement of account' which pertains to a now closed current account with Lloyds TSB. They've taken the balance of a loan from the account and then sold the overdrawn account (which is where the balance comes from) to Marlins. The last transactions they've supplied is the account being transferred to a creditor on 27 March 2007 but the last actual credit from me on this statement of account is amount of £20 going in on 26 Sept 2006. There's no further transactions from me whatsoever, the last transaction is on 27 March 2007 where the balance was transferred. And that's it... So based on my limited knowledge that means it's statute barred and I'm going to send them a letter reminding them of such.

[CleverClogs]

Re: Marlins To Restons and possible court action?

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.

A quick update on where we are, I literally received today this letter from Marlins. It enclosed a 'statement of account' which pertains to a now closed current account with Lloyds TSB. They've taken the balance of a loan from the account and then sold the overdrawn account (which is where the balance comes from) to Marlins. The last transactions they've supplied is the account being transferred to a creditor on 27 March 2007 but the last actual credit from me on this statement of account is amount of £20 going in on 26 Sept 2006. There's no further transactions from me whatsoever, the last transaction is on 27 March 2007 where the balance was transferred. And that's it... So based on my limited knowledge that means it's statute barred and I'm going to send them a letter reminding them of such.

You now know why those turds wanted to offer a "specially discounted settlement figure" - they probably suspected this alleged debt was a dud but, being Marlin, they're too damned arrogant to admit it.

Apart from recent correspondence, have you acknowledged this alleged debt in writing at any time and, if so, when?

Have you ever admitted owing the money in the course of a conversation over the electric telephone?

[Dragonmc]

Re: Marlins To Restons and possible court action?

No, not in writing or anything over the phone for as long as I can remember. The last conversations I can recall would place it in either 2006 or 2007. I recall that I had a similar "threat" from a different collection agency and sent them a clumsier request for information (not acknowledging it) of what it pertained to and then didn't hear a thing. Then radio silence until my post here, which makes it all the more annoying if Marlins are just throwing mud at the wall in the hope some sticks.

I noticed their tone change to a more "please contact us" and haven't heard from Restons since either.

[CleverClogs]

Re: Marlins To Restons and possible court action?

From your thread and another on here, it would seem that Marlins have bought a bundle of old, time barred debts that were originally owed to LloydsTSB and have taken, in their usual way, to threaten court action to enforce them.

This may also be the reason that Restons demanded a signature, as any acknowledgement of an alleged debt must be in writing and must be signed by the person making that acknowledgement - section 30 (link) of the Limitation Act 1980; they may have been trying to "reset the Limitation Act clock".

In your case, this would not appear to have any effect, as there was a clear period of at least six years between your last written acknowledgement of the debt or payment towards it and, under section 29(7) (link) of the Limitation Act 1980, once a debt becomes time barred it cannot be revived.

[Dragonmc]

Re: Marlins To Restons and possible court action?

Good evening,


I have just got home from work to find a blue court summons for me relating to my outstanding balance with Marlins, the court details are filed by Reston Solicitors. You'll see they're outstanding on my DMP as I believe the debt is statute barred. I had send a letter saying as much but hadn't received a response.


I today received a court summons. Now, attached are two images they supplied in their last letter when I asked for a statement of account. You'll see the last payment is in Jan 07 from me, past the 6 years for it to be statute barred.


My question is do I RE-send the letter to Reston and Marlins? Then do I fill in the form saying I dispute this and say what I've done or what?
Any advice would be helpful.


Kind regards.

[Amethyst]

Re: Marlins To Restons and possible court action?

You have already told Restons/Marlins you consider it to be stat barred and they've kindly sent you evidence that it is - so all you need do I think is enter your defence along the same lines.

[Dragonmc]

Re: Marlins To Restons and possible court action?

OK, thanks. I'm going to resend Marlins and Reston a copy of the statute barred letter again. What I was thinking of doing was supplying a copy of my letters with court papers, a copy of the statement above, a copy of my in place DMP plus receipt of recorded delivery. It's the wording of the defence bit I'm a little dubious about.

Do I simply say I dispute this as it's statute barred? Or do I be more wooly and add content. I mean I could mention that my job required me to take a credit check and any ccj could jeopardise my career or employment which therefore hinders my ability to pay anything anyway. Unsure whether that's relevant of just guff they'll ignore.

[Dragonmc]

Re: Marlins To Restons and possible court action?

Hi there all, I'm back! Haha. I know, I know. Sorry to be as impertinent as to ask for some guidance again but it appears the plot thickens slightly.

To summarise where we are a claim was issues in late Feb 2014, Acknowledgement of Service a few days later in March which was received. Defence submitted late March which was also received.

I called the Courts after over a month passed and they confirmed they heard nothing from Restons. And I'd heard nothing from April until today, so that's 6 months!

They sent me this letter which I received today. Now I'm a little unsure what to say if anything? They didn't respond to my defence in over 6 months so I thought this was stayed and they'd have to re-file a new claim? I am probably wrong here.

The form showing a payment in 2009 is also literally a few ccolumnswith dates and cash amounts with no details on what account it's too or from, what it is or anything. I'd appreciate any guidance on how to proceed.

Thanks as always.