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I had a bank account many years ago back in 2009. It was with Yorkshire bank now upon viewing my credit report I stumbled upon a default with Yorkshire bank for the amount of £99 or so. I knew this belonged to me but then to my horror I discovered I had a ccj issued by Northampton court for the amount of 1500 so I immediately phoned them up to see who issued it. I had noticed I had a default with marlins and they had filed the ccj due to the Yorkshire bank default which had allegedly incurred 1100 in charges and 300 court costs and this was filed in 2012 so I have 2 defaults and a ccj for the same debt..... I am at my wits end with this as the chap on the phone at marlins said that because the court had gone in favour of the creditor these charges were legal and enforceable. They don't have my address which is a plus I guess.

 

I'm just wondering if anyone had any advice as I find this immoral and unfair to say the least

 

Any help greatly appreciated

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Hi

 

I have moved you to the Legal forum which may be more appropriate for you.

 

Did you not receive a claim form when the court process began?

 

Had you moved home and therefore the court papers were sent to the wrong address?

 

If you did move home, did you inform everyone of your new address?

 

Others will be along to help as soon as they are available.

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Ok thanks for that it's a little daunting being new to the site but everyone seems so helpful. I did nit receive a claim fork due to moving address and did not inform my creditors which is my own fault really but I wanted to get away from it all as I was working part time couldn't afford the debt plus had a kid on the way. Thankfully my situation is better now as I have a profession and a steady job as a carpenter

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Dont contact them on the phone again. To reclaim the charges you need to submit a SAR to the bank and then form a spreadsheet of the charges. Marlin rarely ever deal in enforceable debts and they must have been rubbing their hands when they saw they had judgement by default.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Ok I will submit a Sat request to Yorkshire bank and try and reclaim the charges. But as I have a defaukt off Marlins and a ccj for the same amount does that not mean the judge deemed the charges as fair and by law I have to pay them

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The judge doesnt deam anything. Marlins issued a claim, you didnt respond, so the claim was rubber stamped along with hundreds of others. It's doubtful the judge even looked at the details of the case.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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No. Dont communicate one bit with marlins. get teh SAR off so you can see what you can reclaim. Should marlins make the mistake of trying to enforce the debt, you can have it thrown back in court where the judge can see the charges, and contest it.

 

Hold off on any action though regarding marlins for now. There must be a way to set aside this judgement as it is highly unfair, the debt borderline unenforceable due to the charges.

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Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Be warned, a sar to a bank can run into dozens of pages.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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A SAR covers everything they have for you. Including any internal notes/meeting notes, decisions they made about you in the background.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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