Charging Order? The myth

eggbox

Harisumo


Marlin are correct in stating you wouldn't have received any paperwork from the Court regarding the transfer of the CO, but only because it isn't the CO that is transferred by the Court.

What has to be transferred, legally, for Marlin to receive any benefit of the CO is the CCJ Northern Rock originally obtained for the debt. This order you should have, definitely, received notification of but that isn't Marlins responsibility it's the Courts?


But you can still request a copy of that order from Marlin as its in their interest to do so. Assignment of the debt means they, legally, own the debt. But unless the CCJ has been transferred to them by a Court; then they aren't entitled to enforce the debt by way of a CO.


But the assignment is proof you don't owe "two debts" so I wouldn't worry about it too much and if you are only paying a £1 a month I would let sleeping pond scum lie. (my ex pays her £1 a month through a standing order if that helps you?)


Can I ask what "threats" Marlin used in their letters to you?

eggbox

Dakota

Interim Charging Orders are always done on a "without notice" application as the point is to secure the debt on an asset before the debtor has chance to dispose of it.

So you are only notified when the Court has granted the ICO.

harisumo

eggbox wrote: »

Harisumo


Marlin are correct in stating you wouldn't have received any paperwork from the Court regarding the transfer of the CO, but only because it isn't the CO that is transferred by the Court.

What has to be transferred, legally, for Marlin to receive any benefit of the CO is the CCJ Northern Rock originally obtained for the debt. This order you should have, definitely, received notification of but that isn't Marlins responsibility it's the Courts?

But you can still request a copy of that order from Marlin as its in their interest to do so. Assignment of the debt means they, legally, own the debt. But unless the CCJ has been transferred to them by a Court; then they aren't entitled to enforce the debt by way of a CO.


But the assignment is proof you don't owe "two debts" so I wouldn't worry about it too much and if you are only paying a £1 a month I would let sleeping pond scum lie. (my ex pays her £1 a month through a standing order if that helps you?)


Can I ask what "threats" Marlin used in their letters to you?

Thank you Eggbox for taking the time to reply. Previously, they had written to me telling me 'I would have to prepare to leave my home as they would be obtaining an order for sale'.. This time, after being quiet for ages and ages, they have started to get into gear again with regular letters saying if no repayment plan is in place then they would be taking further enforcement actions, they also sent me income and expenditure forms which I've never completed. They say 'I will not be receiving any paperwork from the Court' which I found strange.

DAKOTA45

harisumo wrote: »

Thank you Eggbox for taking the time to reply. Previously, they had written to me telling me 'I would have to prepare to leave my home as they would be obtaining an order for sale'.. This time, after being quiet for ages and ages, they have started to get into gear again with regular letters saying if no repayment plan is in place then they would be taking further enforcement actions, they also sent me income and expenditure forms which I've never completed. They say 'I will not be receiving any paperwork from the Court' which I found strange.

I think they have to contact you every 6 months or something… I read that somewhere, not sure if it's true, but my Judgement Creditor writes with threats every so often… I have had two threats to make an Order for Sale...D45

eggbox

Harisumo


It seems you initially received the same "you are going to lose your home" threat many posters have been sent of over the past few years (and it would be interesting to know the exact wording as it sounds like unfair intimidation as applying for an Order for Sale is not a guarantee of obtaining an Order for Sale).

And the important thing to remember is that they didn't apply for an Order for Sale (as they know they wouldn't succeed) and, instead, accepted £1 a month as a regular payment which exposes the threat, in my opinion, as potential fraudulent behaviour?

Dakota

A creditor has to update a statement of account (not sure if annually or every six months?) under the CCA 1974. Failure to do so prohibits the collection interest under the agreement. But that no longer applies when a CCJ has been acquired for the debt.

harisumo

eggbox wrote: »

Harisumo


It seems you initially received the same "you are going to lose your home" threat many posters have been sent of over the past few years (and it would be interesting to know the exact wording as it sounds like unfair intimidation as applying for an Order for Sale is not a guarantee of obtaining an Order for Sale).

And the important thing to remember is that they didn't apply for an Order for Sale (as they know they wouldn't succeed) and, instead, accepted £1 a month as a regular payment which exposes the threat, in my opinion, as potential fraudulent behaviour?

Dakota

A creditor has to update a statement of account (not sure if annually or every six months?) under the CCA 1974. Failure to do so prohibits the collection interest under the agreement. But that no longer applies when a CCJ has been acquired for the debt.

Thanks again Eggbox, you are right. I suggested that in my last response to them and they were very hasty then to accept the £1 and replied with a complete change of tone. My only real worry is the messy situation when we come to sell up which I hope to do next year, settle my debts with full and final offers and have a fresh start - it's been such a nightmare for the last few years.This debt though is like a nasty leech that just won't let go. I do wish that I knew of a solicitor up ahead who could deal with our house sale without all the hassles other people have had.
I am still going to pursue Merlin for a copy of the CCJ transfer. Thanks again!

DAKOTA45

eggbox wrote: »

Dakota

A creditor has to update a statement of account (not sure if annually or every six months?) under the CCA 1974. Failure to do so prohibits the collection interest under the agreement. But that no longer applies when a CCJ has been acquired for the debt.

Ahhh… that's interesting (no pun intended)… mine sends threats about OFS AND tells me the interest figure since the last 'statement'…they are apparently charging interest at 8% even though there was never any pent ion of interest in the JO… but it's not a statement by any stretch of the imagination… just a threatening letter… D45

DAKOTA45

harisumo wrote: »

This debt though is like a nasty leech that just won't let go. I do wish that I knew of a solicitor up ahead who could deal with our house sale without all the hassles other people have had.

Ha… well when you find him/her… I'm next in the queue! My leeches got a 2nd CO after the first one… they now want 14 days notification of any pending sale… Pffft!!! D45

PS… I had a sale all going through, but they scuppered it by threatening my buyers!:(

harisumo

DAKOTA45 wrote: »

Ha… well when you find him/her… I'm next in the queue! My leeches got a 2nd CO after the first one… they now want 14 days notification of any pending sale… Pffft!!! D45

PS… I had a sale all going through, but they scuppered it by threatening my buyers!:(

Surely someone somewhere can recommend one, enough people have benefitted from advice on this thread and had successful sales but then they don't seem too bothered to help anyone else!! If I do happen to find one will let you know.

eggbox

harisumo wrote: »

enough people have benefitted from advice on this thread and had successful sales but then they don't seem too bothered to help anyone else!!.

It would, obviously, be extremely helpful if posters who have received help stuck around to help other posters in the same position. But I feel the reason that very few do is down to them having been stressed out by the position they are in?


I don't think we should underestimate the huge amount of mental stress and utter shock the recession placed on "ordinary people" (for want of a better description) who never dreamed they would be in a position of being chased by debt collectors, let alone be threatened with losing their house?


Once their stress is relieved, however, I just think many of these people have been ground down and are just desperate to get their "ordinary" lives back again. So they try to avoid talking about the problems they went through, once its over or lessened, as it was so painful.


I've seen it first hand with the bit of debt charity work I do where people you have helped just disappear the moment their problem is worked out? I'll be honest and say I did think it was a tad ungrateful when I first started; but after a while you begin to fully understand the mental toll being in debt has taken on people.