Marlin/CCJ help

Bubb_2

Hello all

I'm new here, but would really appreciate some advice on my situation with Marlin.

They bought a debt last October which I had been previously repaying on a payment plan. Since then it has escalated to the current point where I now have court claim forms sitting in front of me.

I was unaware places like this existed so have stupidly not done certain things along the way and would like to know if it is too late to start doing them now.

For instance ;

The debt is for a bank overdraft which was in joint names (mine & my wifes). However, all of Marlin's communication has only ever been addressed to me, including the notice that they would be handing it over to their solicitor to purse the claim in court. The solicitor's letter did however include my wife's name on it, and I have received 2 sets of court papers, addressed to each of us individually. Does this make any difference? Should my wife dispute the move based on she has received no letters (except the solicitors) at all?

I have never asked for copies of anything. I know I owe this debt so I never thought of asking for any kind of agreement to view. Also, should I have asked for the agreement as most of the posts I have seen on here seem to relate to credit card debts rather than bank overdraft debts - are they the same type of debt?

Marlin have (kindly) added on £1040.81 in interest on my original debt of £2214.80 Can they do this?? Should I try and dispute it? I read somewhere that debts under £5000 do not normally attract interest. Is it because it has now gone to court?

I would really appreciate some advice on what I can do and if I have left anything too late now I have the court papers in front of me.

Thanks for reading and sorry for the many questions in one post!

Bubb_2

Sorry to bump my thread, but I really need some help with my situation.


If anyone has any suggestions I would really like to hear from you.

N79

Answers

No
No - wife has no grounds to dispute
Yes - they are the same type of debt
Yes they can try
Yes you can dispute it
Yes it probably is due to the costs in taking you to court

Debt is joint - creditor can persue either or both debtors as they wish.

fatbelly

Nothing to lose by doing a part admission on the £2214.80 and offering to pay by instalments.

They may decide it's not worth arguing on the £1040.81 - this happenned to me regarding a £3k 'collection charge' on a HFC debt.

Bubb_2

Thanks for the advice both.

I think I will try a part admission as the court/solicitor costs they have broken out separately totaling £165 which I would not dispute.

fatbelly

Let us know how you get on