Friends Northern rock CCJ + CO

[billywhizzm]

HI All,

 

This post is from my friend.

 

He had a loan with Northern Rock in 2006. paid for couple of months and then due to job loss got behind with payments.

 

NR took him to court and got CCJ and CO on his property as well in 2009.

 

After reading this website quite a lot and other website he was asking

 

 

Can he go back to the new owner of his debt which is Marlin and ask for loan agreement?

and take them to court if loan agreement is missing?

 

as per his reading pre 2007 agreements are not enforceable....

 

Pls advise.

 

Thanks

[dx100uk]

nope CCJ over rules any lack of agreement

 

dx

[billywhizzm]

Hi dx,

 

if NRAM as sold the loan to Marlin, and CCJ was Northern rock, who has the right on the money if the house gets sold?

 

Tks

[dx100uk]

go onto the land registry site and search the address

see whos name is against the charge

 

 

if hes paid nowt to no-one since the CCJ/CO

 

 

I think they'll have to get their name substituted

 

 

dx

[dx100uk]

from my notes:

 

 

Q: can the buyer enforce it without getting their name substituted on the ccj?

 

 

A: No if you mean execute ie Charging Order /AoE/ Third Party Debt Order or Bankruptcy.

Some will try to resume collection like an assignment but they should inform the Court re name judgment name substitution.

 

 

Q: so in all truth the CCJ can be sold A:Yes

but its of no use in all effect A: It is if the defendant continues to pay them

 

Q:the buyer cannot use it as any kind of lever unless they get their name put on it. A:Correct

Q:if the defendant gets a letter from the claimant to say

"please now pay this ccj amount to XYZ DCA as we have sold them the debt "

and they do transfer their payment to the DCA and pay, the DCA can thus get them in court again

without name substitution? A: Yes if the assignment is legally valid

 

Q:what if the defendent, at the point of sale, stops/does not start to pay the amount?

the new owner can do nowt, until/unless they get their name substituted? A:Correct and again with proof of a valid Assignment

 

dx

[AndyOrch]

Hi dx,

 

if NRAM as sold the loan to Marlin, and CCJ was Northern rock, who has the right on the money if the house gets sold?

 

Tks

 

Marlin if they have been substituted by NR

 

Regards

 

Andy

[billywhizzm]

with financial figures.

 

Tks

[billywhizzm]

I think this is a inspiration.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?139232

[theoldrouge]

Hi All,

 

Attached is the copy of agreement and terms and conditions from Mortimer solc acting on Marlins behalf.

 

does it makes enforceable?

 

 

Thanks

 

all the pt's are there, t&cs cant see any reason why it would be unen

[billywhizzm]

all the pt's are there, t&cs cant see any reason why it would be unen

 

Lack of cancellation notice, lack true certified copy of CCA and deed of assignment.

[theoldrouge]

you will never see the deed of assignment its a commercially sensitive document

 

a notice of assignment is a simple seperate document, easy to provide

 

 

 

what they have sent you would comply with the requirements of s77(1)

 

and in any case the ccj becomes the agreement far too late to set aside now

 

imo you are clutching at straws, sorry

[billywhizzm]

Thanks theoldrouge

Should I just go ahead setup a monthly plan with Marlin?

regards

[dx100uk]

what does LR say now please

 

 

I'm loathed to pay a fleecers anything.

 

 

what letters has he been getting from marlin?

 

 

dx

[theoldrouge]

totally agree dx on paying fleecers

 

proper paperwork for this should be in place before any payment arrangement,

 

however , going back to the original question--

 

"After reading this website quite a lot and other website he was asking

 

 

Can he go back to the new owner of his debt which is Marlin and ask for loan agreement?

and take them to court if loan agreement is missing?

 

as per his reading pre 2007 agreements are not enforceable.."

 

I would not advise wasting any time or money on this aspect