HELP! HFC/Restons going for charging order -now debt assigned to Marlin Financial ??

mojo-jojo_2

Hi can anyone advise??

We have a CCJ from HFC Bank/Restons, which was originally an instalment order for £5 per month, HFC/Restpns then went for a redetermination and got a payment forthwith order and Interim Chraging Order.

The final Charging Order hearing is july 28th, but in the meantime we have continued to pay the £5 per month to Restons as per the original ccj determination.

Received a letter yesterday from Marlin Financial Services saying they have now been assigned the debt from HFC and all payments should now be made to them and we should forward our payment proposals to them!!!

I am confused now, can the debt be assigned to someone else when we are in the middle of legal proceedings? And if the CCJ stated payments be made t Restons, surely we should stick to that until the court tells us otherwise at the charging order hearing?

Also if we offer the £5 per month to Marlins and they aren't happy with that, what can they do if there is already a CCj for the debt???

I wanted to wait til after the 28th july and the court hearing and deal with Marlins then, but they are saying they will hold the account for 2 weeks only.

Am I missing something? I am so confused, I was already worried about the hearing and now everything is all confused again!

mjjj

ps I think I read somewhere that you can send a letter to the courts before a charging order hearing stating any objections to the final order, does anyone know how close to the hearing this can be sent??

mojo-jojo_2

Hi,

thanks for your reply, we are definately attending the hearing anyway but wanted to have our objections to the final charging order to be with the court before the hearing.

So ref Marlins........we just have a letter saying they have taken over the debt, should we contact HFC to check that this is the case? Or do we just take Marlins word for it??

mjjj

rose28454

I am in a similar situation and went to court today for the final charging order. I had asked for a variation of the order as they would not accept my offer of payment and therefore went for payment forthwith. They had set a date for this of the 21.7.8 so I asked the judge to adjourn todays hearing as the variation order should be heard first. He agreed and postponed the final charging order till then. He was very surprised that HFC did not bother to turn up. My debt has also just been taken over by Marlins and I too am confused as to how they can do this.
When I was researching charging orders last night I came across a case called Mercantile Credit v Ellis 1997 which states that a claimant cannot go for a charging order if you have not missed a payment. Perhaps you should look into that in regard to your own situation. I think it is very important to attend and it is not that bad. There is just yourself and the judge although you only get 5 minutes. Good luck

mojo-jojo_2

Hi rose28454,
we had conflicting advice about getting a variation on the forthwith judgement........CCCS told us we could just write a letter asking for this along with our income/expenditure and NO FEE as it was sent within 14 days of the forthwith judgement.
The court returned our letter and I/E with a letter saying we had not enclosed the court fee of £35 or an N244 (or 245 cannot remember off hand).
I phoned CCCS, who said the court should have acted on the letter as we were within 14 days amnd therefore don't need to send a fee.
Phoned the court who said that is rubbish...there is no such thing as a 14 day period for this and we need to send the fee.
Phoned CCCS who said the court were wrong!!
Phoned the court again who said CCCS were wrong!!!

We decided to leave it in the end, go to the final CO hearing, and ask for instalments if the CO is granted.

I got so stressed trying to sort it all out that I just want it over with.

I wonder how often HFC /Restons don't send anyone to attend the hearing? My hubby spoke to Restons the other day and they informed him they will def send a representative.

On another note, are you now sending payments to Marlins? I am a little reluctant to do this as the ccj says payments should be made to Restons and the reason they gave for going for the forthwith order was our 'poor payment record' so the last thing I want to do is mess with the payments right now!
We have not missed a payment under our DMP for over 2 years and have made regular payments since the CCJ even after the forthwith judgment, so how they can say we have POOR PAYMENT RECORD i DO NOT KNOW.....its obviosuly not as much as they would like, but then we don't have as much money as we would like either!!!

I am in two minds whether to attend the hearing.....its in my husbands name and I get anxiety/panic attacks and have never been inside a court and the idea fills me with dread...however to support hubby I feel I SHOULD go....plus he isn't very good at remembering things and I know if the CO is made final we should ask for 1. interest to be stopped, 2. no forced sale, and 3. an instalment order and I don't think he will remember these (even though I have written it all down for him!). We also have objections to the CO anyway.......esp as HFC aren't our biggest creditor and it would be giving them preferential traetment above the other creditors when we are treating them all the same/fairly......

Thanks for your good wishes, hope yours goes ok

mjjj

rose28454

I am really stressed this morning. I contacted Marlins re the debt and after 4 attempts I finally managed to speak to somebody and asked how HFC can still be taking me to court even though they sold the debt to Marlins on 20.5.8. I also asked if I could discuss repayments with them but she said they had no knowledge of any court action being taken against me and until I sent them copies of the court papers they would not speak to me. I got really upset and she said if I did not lower my voice then she would put the phone down. I then rang the court to ask how HFC could take me to court for a charging order when they did not even own the debt when they applied for the interim charging order. I am due in court on 21,7,8 for the finan charging order hearing and for a hearing at the same time because I applied for a variance of the judgement as HFC went straight for a charging order even though I did not default on the Court order.
I am in a real state about this as I dont know how to proceed. I acknowledge I owe the money but am unable to repay very much at present. Can anyone advise me how to proceed. Please!!!

mojo-jojo_2

hi again rose

firstly good luck for monday, our hearing is on the 28th so will be interested to see how yours goes.

HFC did the same to us, a ccj instalment order was in force, they redetermined (without our knowledge) got a forthwith order and then the interim charging order. We have continued to pay the instalments on the original order, but in the meantime Marlins have appeared!!!!

Have you had any joy trying to sort out the HC/Restons/Marlins triangle?

mjjj

rose28454

mojo-jojo wrote: »

hi again rose

firstly good luck for monday, our hearing is on the 28th so will be interested to see how yours goes.

HFC did the same to us, a ccj instalment order was in force, they redetermined (without our knowledge) got a forthwith order and then the interim charging order. We have continued to pay the instalments on the original order, but in the meantime Marlins have appeared!!!!

Have you had any joy trying to sort out the HC/Restons/Marlins triangle?

mjjj

No but I am going to call the solicitor I saw recently and ask his advise. I will let you know

ANY_CHANCE

Hello

i am also being threatened with CCJ, charging order and order of sale by HFCs collection solicitors weightmans:rolleyes:

I have to say i hate HFC they make me sooooo :mad:

I am finding your posts very helpful so if you have any info you could pass on that would be great.

Is there another thread on here for charging orders etc?

Good luck to you both i hope it all goes well for you

rose28454

ANY_CHANCE wrote: »

Hello

i am also being threatened with CCJ, charging order and order of sale by HFCs collection solicitors weightmans:rolleyes:

I have to say i hate HFC they make me sooooo :mad:

I am finding your posts very helpful so if you have any info you could pass on that would be great.

Is there another thread on here for charging orders etc?

Good luck to you both i hope it all goes well for you

I have been reading on here about getting CCA details from when you opene the account. Anybody any idea how long this would take as I think I am running out of time on this one??

rose28454

I am off to court tomorow to try to get a variation of the order to allow me to pay by repayments and to get the charging order cancelled. I dont understand how HFC can apply for a charging order on 22nd May when they sold the debt to Marlins on 20th May. Has anybody any ideas on this??

fatbelly

Rose - please let us know what the judge says. Some of us are watching this with interest!