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

rose28454

fatbelly wrote: »

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

I will However I feel like I am on my own because although CCCS are advising me they havent returned my calls and calthough it says on their paperwork to contact them to help with a defence when you do they just advise you to get a solicitor. I went to a solicitor initially who gave me a free consultation but said he did not want to represent me in court as it would cost me about £500-00. My oh ( who has left) is completely unaware of my stress even though he knows about court. Anyway I will just stand up and make my case and hope for the best.

Queen

Hi Rose, I will be intereste to see how you got on today RBS are taking legal action for CO at the moments Shoessmith sols will not speak to me they say they have not received instructions and RBS won't speak to me either they have not acknowledged my letter's or budget planners but bank every token payment that I have sent only 3 payments behind I have asked that if I borrow this from family will they set my unsecured loan to the original agreement they said no the only way I can stop CO is to pay the full amount which I have more chance than going to the moon and back not sure how long this process takes, but I was advised of this on the 03rd July 2008 this is worrying the hell out of me debt of £20,000 no equity in property even if a CO was granted and can only afford a token payment of £9.25 they want me to pay £417 more than double the normal monthly payment this is because they have reduced the term from 13yrs to 5yrs.

Hope you got on well

rose28454

Queen wrote: »

Hi Rose, I will be intereste to see how you got on today RBS are taking legal action for CO at the moments Shoessmith sols will not speak to me they say they have not received instructions and RBS won't speak to me either they have not acknowledged my letter's or budget planners but bank every token payment that I have sent only 3 payments behind I have asked that if I borrow this from family will they set my unsecured loan to the original agreement they said no the only way I can stop CO is to pay the full amount which I have more chance than going to the moon and back not sure how long this process takes, but I was advised of this on the 03rd July 2008 this is worrying the hell out of me debt of £20,000 no equity in property even if a CO was granted and can only afford a token payment of £9.25 they want me to pay £417 more than double the normal monthly payment this is because they have reduced the term from 13yrs to 5yrs.

Hope you got on well

I went to court today and asked that I be allowed to pay the £25.00 a month I offered and the judge listened to all I had to say but said that as it would take me over 30 years to pay at rate he had no choice but to issue final charging order. I had speoken to Community Legal people this morning and they said that if order was granted that I had to ask that no charges and interest were to be added and that HFC could not be allowed to force a sale. He said he could not do either as HFC had only asked for a charging order and that is all he could deal with. He then told me that claimant rarely force a sale and that all they want is security for the debt. He said I should write to Retsons ( HFC's solicitor) enclosing a copy of the Marlin's letter and ask them to clarify the matter so I can commence payments. He said that the reason for more charging orders is because a lot of people have run up lots of debts and then sold their homes before creditors got their money. Interestingly HFC did not turn up but this did not seem to matter.
Anyway I am resigned to it now, do not intend to sell my home and will pay what I can afford. I went to M & S ( with some vouchers I was given by my sis) and so have a lovely tea to look forward to tonight. And I won £10.00 on the lottery on the way home when I checked Saturdays ticket!! Hope this helps some of you

ANY_CHANCE

Rose you have done amazingly well through all of this

It must have been very nervewrecking?

At least you tried to fight against it which is what i am still going to try to do.

Thanks for posting how things went
How are you feeling now?

rose28454

ANY_CHANCE wrote: »

Rose you have done amazingly well through all of this

It must have been very nervewrecking?

At least you tried to fight against it which is what i am still going to try to do.

Thanks for posting how things went
How are you feeling now?

It wasnt as nervewracking as last time I went .Then there were about 20 people there for the same thing and we all had the same 11.30 appointement. This time there were only about 5 other people waiting for various court cases ( no other charging orders though although I noticed there were about 15 other charging order cases that had been held this morning. Interestingly there were 3 cases when the Child Support Agency were going for charging orders!! I feel almost releived that at least I know the outcome. Tommorow I am going to write to Retsons solicitors to ask who I need to offer payment too. One thing I did not mention previously is that this is my second charging order. Last November Egg Bank got one on my property for £10000.00. I was going through a bad time with my OH and when they advised me that I did not need toattend court I beleived them. However they have accepted a payment of £10.00 per month ( which is what I offered the court) and have confirmed that they will not add any charges or interest and as long as I pay they will do no more. My oh who has left does not want me to sell up and for the time being I dont want to either. When my DD leaves college next year I may think again.

mojo-jojo_2

Well HFC/Restons didn't bother to turn up at the final CO hearing today!!
The judge was very surprised that they hadn't and so threw the case out.
Hubby pointed out that I was agoraphobic but had still managed to attend, so the judge told him to take me out for a meal!!! (lol he wasn't paying tho!).

We pointed out that the debt has been assigned to Marlins, and he thinks that might be why HFC/Restons didn't attend. He also said that HFC/Restons not turning up was probably an administrative error on their part (again? after not bothering to send their allocation questionnaire months ago too?). He did remind us though that HFC/Restons or Marlins can still go down the CO route again and not to celebrate just yet. He said we are to continue paying our CCJ instalments. He seemed happy that Marlins now want the payments. We clarified 'who should we make the payments to? Restons as per the original CCJ oR Marlins because they now say the own the debt??'. He said to make the payments to Marlins because they have been assigned the debt. He didn't look at the paperwork from Marlins and I am still a bit uneasy about this.


He finally said that it was a good result for us by turning up and I am glad we did.

Hope this is of help to someone.

mjjj

rose28454

mojo-jojo wrote: »

Well HFC/Restons didn't bother to turn up at the final CO hearing today!!
The judge was very surprised that they hadn't and so threw the case out.
Hubby pointed out that I was agoraphobic but had still managed to attend, so the judge told him to take me out for a meal!!! (lol he wasn't paying tho!).

We pointed out that the debt has been assigned to Marlins, and he thinks that might be why HFC/Restons didn't attend. He also said that HFC/Restons not turning up was probably an administrative error on their part (again? after not bothering to send their allocation questionnaire months ago too?). He did remind us though that HFC/Restons or Marlins can still go down the CO route again and not to celebrate just yet. He said we are to continue paying our CCJ instalments. He seemed happy that Marlins now want the payments. We clarified 'who should we make the payments to? Restons as per the original CCJ oR Marlins because they now say the own the debt??'. He said to make the payments to Marlins because they have been assigned the debt. He didn't look at the paperwork from Marlins and I am still a bit uneasy about this.


He finally said that it was a good result for us by turning up and I am glad we did.

Hope this is of help to someone.

mjjj

So glad to hear you got on ok. It does make me uneasy for everyone though that these companies can go for charging orders by playing the courts system so easily. I am going to write to Restons with a copy of the court order and send a copy to Marlins as that is what the judge told me to do. Hopefully I will get a similar result to the Egg judgement when they are happy to accept the payment I offered originally. Still I went for a job interview this morning and hopefully I will get it. I am so glad it ended well for you today. Dont let them get you down.

rose28454

I have today had a phone call from Marlins re the debt. The man was really rude and aggressive and would not let me speak. He said they had received the charging order and that the interest was still accruing at 8% per month. This meant they were adding interest at £81.00 per month. He said I needed to pay about £100.00 per month. I tried to speak but he just said he did not care if I paid or not because if I did not pay it all within 7 days they would go for a forced sale. I tried to say that I am not working at present but he interupted me and said that everybody said that. He then put down the phone.
When I went to court I asked the judge to say that interest could not be added or a sale forced (as I had been advised by the Community legal people) and he sadi he could not do that. Is he correct and can I do anything about it?? Also can I ask that HFC take the debt back as the charging order is between me and HFC and not Marlins. I am now really frightened as I am only just keeping my head above water as it is. Egg who have another charging order ( I know!!) are accepting £10.00 per month and are happy as the debt is secured. Has anybody else had dealing with Marlins?

mojo-jojo_2

Hi again Rose,

sorry to hear you are getting hassle from Marlins again, have you managed to sort anything out?

We received a letter from Marlins on saturday saying all payments should now be made to them and we should contact them with an offer of payment and they can commence legal proceedings blah blah blah. They even had the wrong amount outstanding (£1000 less than it actually is!).

My husband phoned them and told them that the account was now a CCJ and we are paying the CCJ through CCCS, to which they said 'well we are rejecting the offer of payment as it would take over 40 years to pay off' (er...hello...as if we didn't already know that!), My hubby stated 'it is not an offer of payment, but a CCJ instalment decided by the courts!'. To which the pleasant young man replied ' we are adding £58 per month interest too'.

I checked the original court paperwork going back to april and the judgement states 'interest up to the date of judgement'. So me being confused thinks 'does that mean that the CCJ does not allow for interest to be added after the date of judgement?'. However, things are a little complicated because when HFC/Restons owned the debt, they went for a charging order that was ultimatley struck out by the judge. We asked the judge does that mean the CCJ reverts back to its original guise (i.e. £5 per month instalments), he said yes, but we didn't receive any court paperwork confirming this. The only paperwork we received was saying the order was struck out and that the entry on the land registry should be removed.

I have just tried phoning the court to clarify this and was basically told, HFC/Restons/Marlins/Whoever owns the debt can do whatever they like. If they want to add interest they are fully entitled to, if they want to take legal proceedings they are fully entitled to etc. etc. I then pointed out that Marlins are threatening a ccj (can they do this if there is already one on the account?) and she again said they are entitled to follow whatever course of action they like. huh????? surely there can't be 2 ccj's for one debt ?????

I am thoroughly, thoroughly confused now. I am writing a letter to Marlins with a photocopy of the original CCJ and will also write to the courts for written clarification.

Just when I think everything is settled down it starts all over again!

rose28454

mojo-jojo wrote: »

Hi again Rose,

sorry to hear you are getting hassle from Marlins again, have you managed to sort anything out?

We received a letter from Marlins on saturday saying all payments should now be made to them and we should contact them with an offer of payment and they can commence legal proceedings blah blah blah. They even had the wrong amount outstanding (£1000 less than it actually is!).

My husband phoned them and told them that the account was now a CCJ and we are paying the CCJ through CCCS, to which they said 'well we are rejecting the offer of payment as it would take over 40 years to pay off' (er...hello...as if we didn't already know that!), My hubby stated 'it is not an offer of payment, but a CCJ instalment decided by the courts!'. To which the pleasant young man replied ' we are adding £58 per month interest too'.

I checked the original court paperwork going back to april and the judgement states 'interest up to the date of judgement'. So me being confused thinks 'does that mean that the CCJ does not allow for interest to be added after the date of judgement?'. However, things are a little complicated because when HFC/Restons owned the debt, they went for a charging order that was ultimatley struck out by the judge. We asked the judge does that mean the CCJ reverts back to its original guise (i.e. £5 per month instalments), he said yes, but we didn't receive any court paperwork confirming this. The only paperwork we received was saying the order was struck out and that the entry on the land registry should be removed.

I have just tried phoning the court to clarify this and was basically told, HFC/Restons/Marlins/Whoever owns the debt can do whatever they like. If they want to add interest they are fully entitled to, if they want to take legal proceedings they are fully entitled to etc. etc. I then pointed out that Marlins are threatening a ccj (can they do this if there is already one on the account?) and she again said they are entitled to follow whatever course of action they like. huh????? surely there can't be 2 ccj's for one debt ?????

I am thoroughly, thoroughly confused now. I am writing a letter to Marlins with a photocopy of the original CCJ and will also write to the courts for written clarification.

Just when I think everything is settled down it starts all over again!

I am trying to negotiate a repayment amount with them at the mo but they are adding £80.00 oer month interest which they are allowed to do because of the CO. However I am sure they are not allowed to add interest to yours as they did not get the charging order. Yo uare simply obliged to pay whatever the court ordered you to do. However they may try to get another CO on you so they can add interest. I recommend you find a local solicitor and ask for a free 30 minute appointement and take all the papers and get advice that way. I did that and the solicitor was great. One of my other creditors Egg have a CO and told me they were happy to accept my offer once they had the CO but they keep badgering me to pay more. The lady at CCCS said you are only obliged to pay what the court ordered and provided you are up to date with payments they cant take further action. Marlins are horrible people but dont worry just get advice asap