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Marlin V Luxx - Order for Sale


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Hi,

Cant believe this is coming back to haunt yet again.

 

Bit of history ...

My Wife and I had 2 seperate loans with Northern Rock, entered a battle about PPI (before it came to light just how much the banks were ripping us off), went to court a few times, long story short, they obtained charging orders.

 

Below are the links to the previous threads.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?198906-Court-Case-2-Northern-Rock

http://www.consumeractiongroup.co.uk/forum/showthread.php?201020-Court-Case-3-Northern-Rock-(-Eversheds-)

 

No conditions were ever applied, and the understanding is that the debts were secured and presumably they would cash in when we sold the house. Never heard anything from Northern Rock since.

 

A few months ago we received a letter (as thousands of others have) saying the debt was bought by marlin and they wanted to know how we were going to repay them?

 

This came in the form of a letter from Mortimer Clarke solicitor(s?).

Pretty much ignored them and felt that if terms were to applied to the order for payback, we would have known about it, so I dont believe we are breaking any terms of the order because quite simply there are none!

 

Received a letter today from the same ****bags saying they are applying for an order for sale "solely on the basis that you failed to provide acceptable proposals for repayment."

 

No doubt my wife will also receive the same letter soon.

 

I am confused like many others as to how a charging order can be sold on??.. and how these numb nuts can possibly force repayments when the judge did not?...and how far can they take it?

 

Sounds like a threat at the moment until they actually apply for an order for sale, but need some advice if anyone has any please?

 

If you work for Marlin, then stick your opinion up your arse and count yourself lucky youre not on the end of the phone if and when I do call.

 

I have attached the letter to view.

 

Please, as always, any advice is appreciated.

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Just read this on another site... Does this ring true?

 

"This maybe a blessing in disguise. First of all I would get in touch with nram and confirm with them that they have sold on your debt. If they confirm they have, and that Marlin Europe are the new owners, then I would check with Trustonline.com to see if the charging order has been settled. It only cost you £4 to check with them, and they list all judgements against your name for all U.K residents. This way you will know that the debt is cleared.

 

You see it works like this............If nram have sold your debt, they have been paid. This means the debt no longer exists. The new company tries to get you to pay them, hoping you won’t know the debt is cleared because they paid it. Now you didn’t borrow any money from the new company, you didn’t instruct them to pay your debt, or have a contract with them, and you didn’t ask them to interfere with your private matters between you and nram. This makes them a third party interloper trespassing on a private matter. This means you owe them nothing but your thanks in paying your debt. In that case the three debt collector letters/notices will do away with them.

 

But first you need to know that nram have sold your debt, and that the debt has been cleared. If you check with trustonline.com, it will tell you if the charging order is in existence.

 

As I said, this maybe a blessing in disguise. Any decision you make has to be yours, and yours alone, but I’d do a little due diligence first, and see where you stand."

 

Sounds reasonable...but is it possible?

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I would ignore that Lux and preferably stay clear of what ever website its from...what a load of .........

 

Regards

 

Andy

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Agree with andy. That is fotl bowlocks and will get you ibto very serious trouble.

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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I'm concerned that you may have misunderstood the purpose of a charging order, it's not intended to be an alternative to payment of the judgment debt but rather a security pending payment. If the order was made without payment conditions then the whole debt is due for payment and will now be well overdue, I suggest you consider making some sort of payment arrangement.

 

Having said that, orders for sale are extremely hard to obtain and it may be that the creditor is just trying to get you to offer payments but if the debt is quite substantial and you're not making any effort to pay it then there's a risk a court would grant an order for sale.

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I'm concerned that you may have misunderstood the purpose of a charging order, it's not intended to be an alternative to payment of the judgment debt but rather a security pending payment. If the order was made without payment conditions then the whole debt is due for payment and will now be well overdue, I suggest you consider making some sort of payment arrangement.

 

Having said that, orders for sale are extremely hard to obtain and it may be that the creditor is just trying to get you to offer payments but if the debt is quite substantial and you're not making any effort to pay it then there's a risk a court would grant an order for sale.

 

Hi MJT.. I understand that it has to be repayed, just thought it was all settled upon sale of the house.

Very little information came when the order was made other than the order was granted. No contact ever from Northern Rock kinda reinforced the opinion that settlement would come if we ever sold the house.

 

This debt is for £7k btw

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Yes, I thought that might have been what you thought but unfortunately some creditors aren't happy with just waiting and want to see some money coming in. If you've made no efforts to repay a £7,000.00 debt I can imagine some, only some, judges thinking that you're just not going to pay unless the house is sold.

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Been reading further about this.. from what I can see an order for sale can only be made where there has been a default in repayments.

How would that work where there is no repayment plan in place.. and I believe the onus was on them to contact us regarding this earlier rather than let it sit for 2 years.

We haven't actually defaulted on anything at the moment... Any thoughts?

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As I indicated earlier, you technically have defaulted on payments because all of the money was due. In the absence of anything to the contrary a judgment has to be paid within 14 days. You don't get let off if there's no provision for payment by instalments, unfortunately.

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Many thanks MJT..

Should I go into a bank tomorrow and apply for a loan with my own terms and conditions? That would be awesome. It amounts to the same thing..

Why should we approach them with a repayment plan.. or even think we should have? They were ringing us every 5 minutes to arrange one when the loans were not in dispute

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I think the point mjt is trying to make is that there is not just a charging order here. Charging orders are granted to secure existing CCJs. Therefore there will also be an underlying CCJ. As no payment plan was agreed that CCJ would have ordered you to repay all of the money immediately.

 

It sounds very unlikely they would get an order for sale for a 7k debt. If they did apply for an order for sale, it would be as a way of forcing you to begin making repayments. One possible outcome if that you end up with a suspended order for sale, whereby an order for sale is not granted so long as you keep up payments set according to your financial position.

 

If you just ignore the letter and let them proceed to make the application, the risk is that the court may let them add their legal costs to the debt. The risk of this happens increases if you act unreasonably and if you ignore all their letters that will look unreasonable. For this reason it would be sensible to offer payments you can comfortably afford (even if this is pretty small - they will not want to go through the cost of actually making a court application if they can avoid it).

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