Charging Order unsecured loan

[mcmatt123]

I am really hoping someone can give me some advice.

 

To explain the situation a number of years back like many others I got myself into quite a financial mess. I foolishly started a new business, and just afterwards my wife fell pregnant. This was back in 2007 just before the financial crash so timing was awful. This created a situation were paying bills was impossible. Regretfully at that time my wife had an unsecured loan with Northern Rock and this was one of the first bills that we struggled to pay. Due to none payment this meant a CCJ was placed against it, and stupidly I buried my head in the sand about it. A little later a charging order was then placed against the house. At this time we sent a letter to Northern Rock saying we disputed the amount outstanding as a large proportion of the debt was PPI. I can't remember the exact dates for any of this but after my letter we didn't hear anything for maybe 2 or 3 years until this year. The suddenly we received a letter from Marlin claiming they had taken possession of the debt. As we hadn't heard anything for so long and I had never heard of Marlin again foolishly I didn't really pay any mind to it.

 

Now I have just received a letter from Marlin saying they are seeking to use the charging order to force sale giving me 2 weeks to respond. Attached to the letter was a valuation which has been raised from a website showing an estimated value.

 

Now i am not sure of this is a scare tactic or how to respond to to the letter and I am quite worried.

 

Also I am not sure how the charging order works, as the debt was an unsecured debt. Also does the potential PPI affect anything baring in mind the debt has been passed from one party to another I am not sure how this would work. I have not made a PPI claim as I took the view that since I sent a letter to Northern Rock and heard nothing back about the debt it sort of cancelled itself out (I know in hindsight that seems pretty dumb !) Also for the charging order this won't have been taken out by Marlin so would this still be valid.

 

Just for clarity the original loan was probably taken in 2003, I would guess the payments stopped around 2007/2008 with a CCJ being raised sometime in 2008. For the charging order I am not sure. Regretfully I can't find any paperwork

 

Thanks for reading this and I really appreciate any advice that can be given.

[AndyOrch]

Hi mcmatt and welcome to CAG.

 

With regards to the CCJ have you ever made any payments or made an arrangement to pay?

 

Regards

 

Andy

[mcmatt123]

Hi Andy,

 

Thanks for replying, no I was in full head in sand mode at the time so didn't do anything.

 

Regards

 

mcmatt

[AndyOrch]

Could you possibly scan in or type out the contents of that letter (verbatim less any identifiable data)...I need to see how they have worded it and within what context.

[mcmatt123]

Hi Andy, yes no problem i am just out at work at the moment so should be able to do this evening. The basics were that they say they that despite our previous letters about the charging order you have not responded. It said something about if you don't respond with a suitable payment offer we will contact the other interested parties and apply for sale of the property in 14 days. etc

 

Will send it verbatim later though excluding personal details, shall I PM it or post it ?

[AndyOrch]

Post it here...as said just remove any identifiable data...account numbers names addresses,

[mcmatt123]

Quick question in the meantime though, is the charging order transferable with sale of debt. And also would the PPI negate any of this ie the original debt invalid as part of it shouldn't count ?

[AndyOrch]

Bit late in the day to try to mitigate....that should have been done pre judgment......but we can quash this new threat...Marlin are getting a little too trigger happy at the moment.

[mcmatt123]

Hi Andy, apologies for the delay I got in really late.

 

The letter is from Mortimer Clarke on behalf of Marlin

 

Dear Sir/Madam

 

We refer to our recent letter and note you have failed to make payment of the judgement, and have refused to enter into a realistic instalment plan, leaving our client with no alternative but to proceed to make application to the court for an order for sale.

 

We would be grateful if you could contact us within the next 14 days. If you do not do this, the application will be issued at court and will be served upon all interested parties in accordance with the Civil Procedure Rules, to include any mortgage provider or charge holder. If persons live at your property other than you, please let us know in writing so that we can inform the court and/or serve them with a copy of the application, as appropriate.

 

As previously advised, our client's application for an order for sale must be accompanied by a valuation of the property. We enclose a copy valuation of your property.

 

We would be obliged if you could consider the valuation and confirm you are in agreement with the conclusion contained in the report. You will appreciate that the valuation does not take the interior and rear of the property. Accordingly, please ensure you advise us in writing of any matters which you believe materially affect the valuation we have obtained. It is important that the court is presented with information that is accurate and fair to all concerned, wherever possible.

 

Please do telephone our offices to discuss this. Our client is still keen to work with you, and agree a payment plan which you could afford, bearing in mind your financial circumstances. We are available on *********

 

Yours Faithfully

[mcmatt123]

the valuation is a computer print from what looks like a web estimation site

[mcmatt123]

Also for the mitigation, we didn't really consider the PPI at that time it was only later on. So surely as we are 100% sure there is PPI on this with my wife being told she had to take it by Northern Rock and the whole amount of the insurance added at the start of the loan we should b able to do something. I would guess that the PPI would account for somewhere between 50-75% of what is owed including interest on the PPI.

[Ganymede]

Hi,

 

Can I check please has the Claimant actually got a Charging Order against your property?

 

They are talking about an Order for Sale but think they may be getting ahead of themselves.

[mcmatt123]

Hi Ganymede,

 

They say they have, I remember Northern Rock doing something a number of years back but don't remember the final paperwork, at the time there was a lot going on so its not all completely clear in my mind. Marlin haven't supplied any paperwork other than a letter as above so I don't know if it has been or can be transfered to them. I know Marlin themselves didn't get a charging order as they have only recently purchased the debt.

[AndyOrch]

Check first mat if there is in fact a CCJ in place......

 

http://www.trustonline.org.uk/

 

Regards

 

Andy