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snorbitz

Marlin and a sneaky charging order

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After that channel 4 dispatches programme I have decided to see if I can do anything about Marlin and the way they treated me.

 

 

Anyway, I have got myself into serious debt. I am not here to make any excuses of reasons for it and I am sure some of you will judge me by saying stating the obvious, 'its your own fault.' Anyway I had a credit card for approx £3500 that I am paying back in instalments to the credit card company. This I am doing through a debt management company. I had never missed a payment and always paid on time. Then the credit card company sold the debt on to Marlin. My payments continued as normal to Marlin as before with the credit card company. Then Marlin stated that I was missing payments and that unless these were brought up to date then action would be taken. I contacted my management company and they stated that no payment had been missed and everything was going out as normal. However Marlin still maintained that payment were being missed. After being with the debt management company for a few years I know that Marlin was lying, but again I confirmed it with the debt management company. Again I informed Marlin that all payments were going through as expected and on time through my debt management company. At this point Marlin stated they don't deal with debt management companies as it is my debt and I should pay it. This continued on. My debt management company were sending letters to Marlin that were ignored, and they kept hounding me for outstanding money that was not outstanding. After a while Marlin started proceeding against me to have the debt secured on my home, a charge order. As I had already got additional debts, of which one is substantially higher, I thought this would give Marlin an unfair advantage over my other debts. In addition my debt management company kept records of all transactions and could show that everything was up to date. Anyway I then received a interim charging order and a court date in July 2008 (approx). The court was to far for me to travel to so I requested that the date and location be changed, several times, with the court. When I finally got hold of the court they said it would be changed. This was verbal however and no written statement was sent. I was all prepared to got for the hearing with my evidence and contest the charging order. After this I sat back and waited for the revised date and location. I never received it, what I did get was a letter stating the order was successful and a charge had now been placed on my home. This was done with my presence, in spite of the fact I made it plain I wanted to be present at the hearing. Marlin basically took absolutely no notice of any government recommendations and bullied their way through to a court hearing. Mysteriously after the order was made, my account was suddenly up to date without any arrears. They had however managed to increase the amount outstanding to £4333.78. Incidentally I have never had a N87 form, I assumed I would be entitled to one. I would like to know it there is any way I can get this set aside? Who do I complain to regards this company? Can I any additional action against Marlin for the stress and harassment from them? Can anything really be done? (Sorry that's the cynic in me)

 

 

Your suggestions would be greatly appreciated.

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Hi Snorbitz and welcome. :)

 

Firstly you would need to see if you can get the judgement 'Set aside'

 

To begin...

 

1. who was the credit card with?

2. Who did they say they sold the debt to.

 

Marlin got me 1 step away from a charging order earlier this year and I am currently in the process of getting the CCJ set aside in this thread..

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/192275-ccj-interest-debt.html

 

It's quite long but it may give you some of the information you need to get started....

 

When the going gets tough and all that..;) just ask.

 

Spam. :)


[sIGPIC][/sIGPIC]

'Simples.' ;)

 

Any advice I offer is probably useless but there may be little nuggets of gold in there somewhere......If I have helped in any way, be it with knowledge or by giving your chuckle muscle some exercise please feel free to tip my scales....:-D

 

 

They say money talks......mine just keeps saying "Goodbye"

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When the going gets tough and all that..;) just ask.

 

Spam. :)

 

Yes, their retarded team leader seemed to be highly amused by that song .... :lol:

 

Cheers

Rob

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