Marlin Pondlife

[Exclus]

Hello All,

 

Last year I had a CCJ against me by HFC for a Marbles credit card, and they then went for a charge on my house. I was helped by a CAG member, but they managed to get the charge earlier this year. I have since been paying an amount monthly to the solicitors account that acted for HFC as per the agreement I arranged in court. A couple of months ago something told me to once again get a copy of my agreement to see if there was any discrepancies that I could use in any way. I had to ask a couple of times, but eventually HFC sent on the copy agreement by recorded delivery.

 

Shortly afterwards I received a Notice of Assignment from Marlin Financial Services saying that they had acquired the assignors rights of this agreement, and they have been pestering me ever since by letter and phone. I have not made contact with them at all up to now.

 

I think that HFC have unknowingly passed on my account details to these pondlifes by mistake, as this has already gone through the courts system, and now Marlin are pursueing a debt they think is still 'current'. If this is not the case then is it legal for them now to be pursueing me as I already have an arrangement in place.

 

I would like to try to turn this to my advantage in some way, so I would like any ideas of what to do, or who to report them to.

[PGH7447]

tell marlin that this debt has already got a ccj on it from HFC and that you will only abide by the letter of the court on the amount you were instructed to pay and if they dont like it tough, and that until told/informed by HFC you will not be paying them Marlin anything

[OnMyWayOut]

It's not a mistake - they have done this to several other people already. They get a charging order then sell the debt on to Marlin - absolutely disgraceful behaviour. Don't make any changes to your payment arrangements without being told to by the court or at least by HFC.

[Exclus]

Surely it cannot be right that HFC can keep a charge on my house AND assigne the debt to another company, because they would then be getting the debt paid twice!

 

Is there a body that I can make a complaint to about this, or should I just tell Marlin to go away as advised by PGH 7447

[katakana69]

Hi, I am in a very similar position. I was taken to court by HFC/Marbles & had a forthwith judgement made followed by a charging order. The amount I am paying to Restons, their solicitors was agreed by them & not a judge or court. I have not missed a payment but a couple of months back I received a letter from Marlin/Phoenix stating that as of May, another couple of months prior they had become administrators of the account. I read that I should have received a letter of assignment from the original creditor prior to this & that if I hadn't then I should ignore Marlin & continue paying Restons. I have today received a third letter stating that again all payments should now be made to them & also that they would be taking legal action against me. Surely they cannot take me to court for the debt if I already have a ccj & co. I want to write to them to request a copy of my original agreement. HFC couldn't provide one first time around & I dont know if it would be beneficial anyway. On the other hand I dont actually want to make any contact or acknowledge them. Any advice? Thanks in advance.

[sillygirl1]

Write a letter to the court informing them that they are in breach of the CCJ regulations and that you want the case reheard in light of the evidence (selling on a debt and not informing 3rd party of existing CCJ) You could have grounds here for a complete set aside and removal of the charging order.

[OnMyWayOut]

Weirdly, Marlin have not chased me since they sent me the documents from my CCA request. I'm still paying HFC as there's been nothing from the court or HFC to authorise me to do anything different.

[confusedmum]

HFC have passed my debt to marlin!! I agree with you that they are pondlife!!!! and then some.....

 

fingers crossed it is the last you've heard from them

[Exclus]

I'm going to keep paying monthly installments to the solicitor rather than Marlins, and take sillygirl1's advice and write to the court to see what they think of this disgraceful behaviour.

[katakana69]

Write a letter to the court informing them that they are in breach of the CCJ regulations and that you want the case reheard in light of the evidence (selling on a debt and not informing 3rd party of existing CCJ) You could have grounds here for a complete set aside and removal of the charging order.

 

Sillygirl, Many thanks for the advice. I am going to write to the court in the next couple of days. Just want to read up a bit more on the regulations surrounding the CCJ that you mention so that I have all of my facts in place first. Will keep you updated on any progress I make.

[Satterthwaite]

Ditto,

My thread is here. http://www.consumeractiongroup.co.uk/forum/legal-issues/139232-hfc-restons-charging-order-4.html?highlight=marlin