Charging Order? The myth

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  • After reading this page over 2 days, it was about time to write some thing and appreciate the guy who started this thread and some beautiful souls who keep advising and writing something to benefit others.

    My Long story in short.

    Nram unsecured loan converted to FCO in 2009 on joint name property so I guess its a restriction. Never made any payments till late 2013 and Then Marlin contacted me that they bought this debt with copies of notice of assignment etc.

    They are chasing me for payment plan I was wondering do I need to or keep quiet? Do they (new owners) have any more option left if dont pay monthly?

    I am in no rush to sell the house as I have got 3 kids and lot of commitments for their future.

    once again many thanks to appreciate if any advise for me.

    Regards
    Chky
  • harisumo
    harisumo Posts: 79 Forumite
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    edited 30 October 2014 at 6:44PM
    If you read further back through the thread you will find many others including myself in the same boat with NRAM/Marlin. I am constantly chased by them and have been threatened with an Order for Sale on my property which is a typical Marlin tactic. I have offered them a token payment of £1 a month which they won't accept at present wanting more details of my income including my husbands income but the debt is in my name only. I haven't replied yet and am just waiting to see what they try next at the moment.
  • harisumo wrote: »
    If you read further back through the thread you will find many ohters including myself in the same boat with NRAM/Marlin. I am constantly chased by them and have been threatened with an Order for Sale on my property which is a typical Marlin tactic. I have offered them a token payment of £1 a month which they won't accept at present wanting more details of my income including my husbands income but the debt is in my name only. I haven't replied yet and am just waiting to see what they try next at the moment.

    So far only 42 pages finished.:)
  • eggbox
    eggbox Posts: 1,774 Forumite
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    Hi Chky


    What will happen next is they will send you a valuation of your property and say they are preparing an Order For Sale under Civil Procedure Rules through Court. They will say they have no choice as you have ignored them. But this is all designed to make you brown your underpants and go screaming to the nearest cashpoint to get them some money. So don't fall for it! My ex had exactly the same routine from the same vermin at Marlin and she is now paying...........................................£1 a month (and Sparklyfairy on here had the same and is paying a similar amount.)


    It's all aload of hogwash as they know a Court won't sanction the sale of a family home for a Consumer Credit Loan (see post #1580 from Forkinground) but they need YOU to believe it CAN happen! So, what you do is write to them and explain how bad your finances are and all you can offer them at present is £1 a month. I suggest this as it deflates their "you're ignoring us" tack.


    But you need to stay firm and be reassured that there are protections in place against lowlife like this so don't worry. If you have read the thread through you will see the protections that are in place (some of which were explained by the Ministry of Justice.) Above all, remember these company's HAVE to do this as they have nowhere else to go and its a business to them. They have speculated around 10% on what your debt is worth (and often as little as 4%) to try and make a profit on people in needs misery. Seriously, who would want a job doing that?
  • harisumo
    harisumo Posts: 79 Forumite
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    It's worth reading it right through as it contains a wealth of information and advice, I follow it all the time because of my situation with Marlin. Eggbox is the one who has always been there with support and sound advice!
  • eggbox
    eggbox Posts: 1,774 Forumite
    First Anniversary First Post
    harisumo wrote: »
    I am constantly chased by them and have been threatened with an Order for Sale on my property which is a typical Marlin tactic. I have offered them a token payment of £1 a month which they won't accept at present wanting more details of my income including my husbands income but the debt is in my name only. I haven't replied yet and am just waiting to see what they try next at the moment.


    And don't reply to them! I would also report them to the Financial Ombudsmen for requesting information about your Husbands income. I believe company's are allowed 25 complaints from consumers about them but after that they have to pay a £550 fee for the Ombudsmen to deal with the complaint. If more people complained this way it would put a serious dent in the finances of these company's and help drain their resources, too.
  • harisumo
    harisumo Posts: 79 Forumite
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    Hi Eggbox, I already have and also written to the CEO NRAM complaining about how my account with them was handled, I enclosed copies of some Marlins correspondence.
  • eggbox
    eggbox Posts: 1,774 Forumite
    First Anniversary First Post
    Hi Harisumo

    It would be interesting to know what response you received from the FOS regarding Marlins tactics?
  • Thanks Eggbox.
    below is the content from my title, was wondering after reading wembley14 issues if it is normal Form k restriction or modified Form K restriction with extra protection

    RESTRICTION: No disposition of the registered estate,
    other than a disposition by the proprietor of any registered charge
    registered before the entry of this restriction, is to be registered
    without a certificate signed by the applicant for registration or their
    conveyancer that written notice of the disposition was given to
    Northern Rock Plc at care of xxx
    solicitors, xxx
    , being the person with the benefit of an interim charging order on
    the beneficial interest of me made by the
    Gateshead County Court on xxx


    Many Thanks
  • eggbox
    eggbox Posts: 1,774 Forumite
    First Anniversary First Post
    Its a Standard Form K Restriction. This means the buyer (or their Solicitor) simply has to certify to the LR that they have notified the Restriction holder the house is being sold to allow the new registartion to proceed.
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