MBNA CCJ/CO - sold to Marlin

[bilious 1]

I thought someone pointed out that the original installments from 15/10 of 20 pounds were referred to by the charging order?

 

Are the links on page 27 not showing?

 

And the process went like this:-

 

1 Claim form received

2 I admitted the amount sent it off etc

3 they set levels to 20 pound installments

4 carried on paying that till they went for redetermination

5 They tried to get it sent to court in London i objected it was then sent to Bedford

6 postal strike at the time we all remember it! Nothing came in post for either side both didn't attend!

7 was issued a forthwith!

8 they went for ico and co which they obviously got (was stressed about them forcing sale but DJ said keep up payments as ordered, and he woundn't be happy if they tried anything etc etc) not got court transcripts though

9 Sure i have letter that i sent pointing out that the court ordered the 20 pounds after they sent first i&e forms they sent letter saying keep paying that amount

10 nothing for ages except that letter of selling it to Marlin

11 then wham this letter with i&e and the extra 2.5k on top..

 

Does that make sense lol.. Oh and this letter was dated April and got it few days ago what's that about the usual 7 days to contact etc etc.

Edited June 18, 2013 by bilious

[DonkeyB 2,998]

Quick query, and apologies if already answered as I don’t have time to go over..

 

Have Marlin applied to be replaced as the claimant yet?

[gem77 2]

DonkeyB how would we know if Marlin had applied to be replaced as the claimant? Would we be notified by the court?

[DonkeyB 2,998]

You should be, I believe. You should check with the court whether an application has been made and granted. If they don’t get themselves substituted as claimant, they have no right to collect, and they would therefore be harassing you.

[bilious 1]

All i / we had was letter from optima saying they've sold on the bits and bobs to marlin, absolutely nothing from the court. and to keep paying optima and they pass it on to marlin!

[DonkeyB 2,998]

This is a point I made ages ago, I think. They can’t demand this unless the new owner is replaced as claimant. If they have not done this, I would suggest they are trying to save money by not making an application and hoping you will comply. That to me is a very dubious practice. Call the court and try and find out if any application to replace the claimant has been made.

[bilious 1]

Cheers DonkeyB a small glimmer of light at the end of tunnel will get on to the court Monday can't be bothered stressing over it this weekend!!

 

Personally i think it really is the case of them trying it on yet again?

 

Bil.

[bilious 1]

DuffNCustard said:

You have a CCJ for a debt that has been sold a couple of times - no matter the CCJ binds any debt owner

 

The CCJ did not specify a monthly payment amount, the original Judge left it to you and the original creditor to agree this seems to have been done and £20 per month was agreed verbally

 

it would be good if you had this in writing

 

[The Mould 784]

Good afternoon Bilious

 

Long-time no hear from you, I do hope that you and yourfamily are well and in good shape.

 

If you are maintaining the agreed monthly payments, the creditor can do nothing UNLESS he can prove to the Court that you can afford a higher monthly payment rate. The creditor would need to make an application to Court in this respect which of course you should know by now that you would have your opportunity to respond in opposition to any such action.

 

State to your creditor that you will not be providing any further income and expenses to him in this matter further to what has been provided thus far and that you will only provide such to the Court if there was a Direction served on you to do so, which only the Court has the power to Order.

 

State to your creditor that if he continues to pursue the course of action against you; making demands to that which he ought to know he is not entitled, which you believe is designed to harass you and cause you emotional distress and that their said action is also causing your private household members distress, then you will consider seeking an injunction against them under s.1 of the Protection From Harassment Act 1997 and seek compensation against them thereunder and also under the English Tort of Intentional Infliction of Emotional Distress.

 

Kind regards

The Mould

[bilious 1]

Hi there!

 

Yes family are good thank you, am just getting fed up with these people am trying to get the old head above water and these chaps just can't resist putting the 'old boot in!!!'

 

Not worried about sending them a letter, as i did the above mentioned over a year ago, and got the reply of we confirm your installments and amount etc etc keep paying blah blah...

 

But if they carry on i will be looking at going down that road eventually!!!

 

But just want to know can i just ignore the rather lovely letters they keep dropping?

 

Regards.

 

And another thought, if they've sold this on which they have done. Do they still have the right to send these letters? Shouldn't it be Marlin?

Edited September 17, 2013 by bilious

[The Mould 784]

Any new owner is subject to the extant agreement made and continuing to be honoured by you.

 

Only the Court has the power to intervene and amend the said agreement, however, this would be subject to an application made by any such new owner of the debt and of course your response in opposition of the same.

 

Send a copy of their letter(s) back with your letter telling them, politely, where to stick it in the absence of any Court Order.

 

Kind regards

 

The Mould

[DonkeyB 2,998]

... and remember they have not, as far as you know, applied to the court to be substituted as the owner of the judgment. They are skating on thin ice, but what’s important is that things remain easy for you to manage.

[bilious 1]

Apart from marlin sending me a letter to confirm they have bought it off mbna i haven't heard a peep from them? it's optima that keep sending all of this, and as they were the ones who took me to court etc etc. They should know this, shouldn't they?

 

Just wondering why if they've sold this on to marlin that Optima are still sending all these lovely letters to me?

 

Regards!

Edited September 18, 2013 by bilious

[The Mould 784]

Keep all letters and the envelopes that are being sent.

Other than that, keep up with your obligations (as you are doing) and disregard the letters.

 

If they keep trying to put you under pressure, then as I said earlier, put them on notice that you intend to take action against them under s.1 of Harassment Act 1997 and under the English Tort Intentional Infliction of Emotional Distress (IIED).

 

Kind regards

 

The Mould

[Andyorch 10,545]

Keep all letters and the envelopes that are being sent. Other than that, keep up with your obligations (as you are doing) and disregard the letters. If they keep trying to put you under pressure, then as I said earlier, put them on notice that you intend to take action against them under s.1 of Harassment Act 1997 and under the English Tort Intentional Infliction of Emotional Distress (IIED).

 

Kind regards

 

The Mould

 

 

But only if any of the following apply:-

 

Defendant acted intentionally or recklessly; and

Defendant’s conduct was extreme and outrageous; and

Defendant’s act is the cause of the distress; and

Claimant suffers severe emotional distress as a result of defendant’s conduct.

 

IED was created in tort law to address a problem that would arise when applying the common law form of assault. The common law tort of assault did not allow for liability when a threat of battery was not imminent. A common case would be a future threat of harm that would not constitute common law assault, but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred from compensation under the common law form.

 

Regards

 

Andy

[bilious 1]

Thanks for that chaps!

 

But the question i'd like to know is? If optima have sold it on to Marlin. Can optima still keep sending these demands and threats?

 

Thanks..

[The Mould 784]

http://www.legislation.gov.uk/ukpga/Geo5/15-16/20/section/136

 

See above link which provides the statutory requirementsthat must be complied with on assignment of a contract.

 

You need to ascertain who holds the legal title to the contract;you are making payments to one party under a contract, while receiving lettersfrom another party on the same, therefore, put the question to each party andinsist that a full response is provided by return. (refer to above section ofthe above-stated statute, further, include any letters that you have receivedfrom each party).

 

Most importantly

 

Send your letters to the Chief Executor Officer of both ofthese Companies, by Special Delivery and mark each letter as –

 

PRIVATE &CONFIDENTIAL - & For the Immediate Attention of Mr (name of CEO)

 

This letter is anexecutive complaint as regards account No. xyz (state the account no.) a reply tothe contents herein from any other department will not be accepted, failure toprovide a satisfactory response hereto within 14 days of receipt hereof fromthe executive level of your organisation will result in action being takenagainst you under s.1 of the Harassment Act 1997 without any further referenceto you.

 

Inform Optima, that you will not engage in any discussionwith them by way of letters of correspondence or otherwise, unless they provideyou with proof as to their standing in this matter and their entitlement tocontinue to send letters to you regarding account No. (xyz), throughout aperiod of time (state time – xyz months) when you are honouring your obligationto Marlin, to whom it is your understanding that Optima assigned the creditagreement in question pursuant to s.136 of the Law of Property Act 1925 andwould, therefore, place Optima in the position of strangers to the saidcontract and that you are advised that under English law, a stranger to acontract has no right to enforce nor interfere with the same. To this end, in the absence of the requisiteproof required as set out above, you consider that Optima’s continued lettersare designed to harass you and place you under emotional distress in order toobtain your agreement to the contents therein and over bear your free violitionof your mind to give them what they continue to pressure you for, for the sakeof peace and quiet for you and your household.

 

Novation

If you want totransfer the burden of a contract as well as the benefits under it, you have tonovate. Like assignment, novation transfers the benefits under a contract butunlike assignment, novation transfers the burden under a contract as well.

In a novation theoriginal contract is extinguished and is replaced by a new one in which a thirdparty takes up rights and obligations which duplicate those of one of theoriginal parties to the contract. Novation does not cancel past rights andobligations under the original contract, although the parties can agree tonovate these as well.

Novation is onlypossible with the consent of the original contracting parties as well as thenew party.Consideration (the 'price' paid, whether financialor otherwise, by the new party in return for the contract being novated to it)must be provided for this new contract unless the novation is documented in adeed signed by all three parties.

 

Kind regards

 

The Mould

[bilious 1]

Thanks for that Mould! Just been through a few of the old letters from Optima and ocassionally it shows that the debt was reducing with the threat-o-grams etc etc then sold on to ME III or whatever they call themselves now? With a total..

 

Then few months later the optima letter with the extra 2.5k appears on it definitely think they are trying it on now i've seen the old threats?

 

Thanks..

[bilious 1]

Hi chaps! Been a while?

 

just another piece of help if you don'y mind?

 

may have missed a payment today to these guys as my card was cloned in London and my account has been emptied have only found out just now!!!!

 

bank are fine and will sort it all out in next few days,

but am worried that a payment has been missed to these guys?

according to my court order don't have to pay till 14th of each month

but they want it on 1st etc etc!

 

Not happy that i'll have to phone them to explain,

knowing what they are like!

But any idea if they have a pay online option?

 

Thanks in advance..

 

Bil

 

And have never missed a payment before not that that helps...

[shamrocker 628]

Court order rules, but maybe phone them to say they won't be paid until the bank sorts out your account - they'll be paid by 14th December as per Court order, but you'll revert to the usual payment on 1st of every month thereafter. If they don't like it, sod them.

[bilious 1]

Thanks for that! At least my number is withheld!!!

 

Certainly don't want em having that puppy!

 

can send em a Postal order straight away!

 

But its the thought of speaking to these people that caused me a lot of issues!!!!!

 

Just worried that with the ccj and restriction etc etc it will give em leeway to pop to the courts again?

 

But thanks for your quick response...

 

Bil

[Cadbury1879 25]

Hi Bill

I would send them a payment get prove of posting.

You have complied with the court order as it will reach them by the due date.

I wouldn't worry to much. You in the financial institutions priority is probably very low down list.May not even flag up on their system!

What's the balance on your Account now?

 

Just another thing Bill I personally would definitely not ring them !!!

Cad

[bilious 1]

Hi Cad!

 

Thanks for that! Was going to send them an email as i really don't want to talk to them so will send em a PO with reference number etc etc and a quick note with an explanation on it! How's that sound?

 

Bil..

[Cadbury1879 25]

Sounds ok to me mate.

I wouldn't get into a dialogue with them.

You've paid the money end of.

Cad

[bilious 1]

Well its was signed for anyway! But have not heard a peep out of them so don't know if that's good or bad lol!!! As in no receipt at all?

 

Bil