Marlin are coming - Advice needed !!

Charmer2

Hello

Im after a bit of advice if possible please. Back in 2002 i defaulted with all my creditors. Subsequently got in touch with CCCS who were great, arranged a DMP with them all except Yorkshire Bank who refused the monthly payment offered. They passed the debt on to Jeremy Sutcliffe who took me to court for the full amount. Jeremy Sutcliffe lost the case (Wahay !!), i was issued with a CCJ and was told to pay the original monthly payment offered which i have been doing for the past 6 years. This has been done seperately to CCCS with me ringing JS every month and paying with my Debit Card. To be fair they have always been really good. Call them today to make my usual payment and they inform me that the debt has now been sold to Marlin and that i will be hearing from them shortly.

After doing a bit of research on these forums, i understand that Marlin can be complete gits so i want to be ready for them so i have a couple of questions which i hope someone can help with.

1. Because i already have a CCJ for the debt, can Marlin force me to up my monthly payment automatically or would they have to take me back to court.

2. Can they add on any interest charges / fees for buying the debt from Jeremy Sutcliffe.

3. Cant think of anything else but any other advice would be greatly appreciated.

Regards

Charmer

BAILIFFCHASER

Look on the bright side if the ccj has not been enforced and it is 6 years since it was granted. I would ignore any requests for payment. As they would have to ask the courts permission to enforce. I might be wrong but somebody will put you in the right direction !!!!!!!!!!!!

fermi

BAILIFFCHASER wrote: »

Look on the bright side if the ccj has not been enforced and it is 6 years since it was granted. I would ignore any requests for payment. As they would have to ask the courts permission to enforce. I might be wrong but somebody will put you in the right direction !!!!!!!!!!!!

I think that is only be the case if it has gone 6 years with any payments being made on the CCJ as well.

If Charmer2 wants to check that out then National Debtline, CCCS, or even their local County Court should be able to clarify that.

Charmer2

Bit confused now. The CCJ was granted 6 years ago and the court agreed with me that the monthly payment i had offered was sufficient. Can Marlin now ask for more money per month or is the court agreement still in force ?

fermi

The CCJ will still be in force, but it is just the people who have a right to collect payment that has changed.

To the best of my knowledge they cannot add any interest or charges above that which is covered by the original CCJ.

If you are already in contact with CCCS then I would strongly recommend that you get back in touch with them to talk this through.

stapeley

NO , you are sticking to the amount court awarded , end of !

fermi

stapeley wrote: »

NO , you are sticking to the amount court awarded , end of !

Certainly CCCS will advise that Charmer2 sticks to the awarded payment schedule, but it would also be a good idea to contact CCCS to discuss some of the pressure that Marlin may put to bear here.

If I remember correctly, they would be entitled to put in an N294 (Claimant's application for a variation order). When you are in a DMP I would imagine that the creditor would fall flat on their face with that though.

fermi

Charmer2 wrote: »

1. Because i already have a CCJ for the debt, can Marlin force me to up my monthly payment automatically or would they have to take me back to court.

I'm sure that they would need to go back to court.

Have a chat with CCCS to discuss this.

Charmer2 wrote: »

2. Can they add on any interest charges / fees for buying the debt from Jeremy Sutcliffe.

As far a I know, they cannot add anything to the original judgement. Again CCCS will be able to confirm that for certain.