GDPR Cookie Consent by SimpleServe Privacy Script Marlin/MBNA CCJ and CO - AAD Consumer Forum

Announcement

Collapse
No announcement yet.

Marlin/MBNA CCJ and CO

Collapse
X
Collapse
 
  • Page of 3
  • Filter
  • Time
  • Show
Clear All
new posts
Previous 1 2 3 template Next
  • #1

    Marlin/MBNA CCJ and CO

    Just reading about Marlin. Interesting. Have just had one of my debts sold by MBNA to Marlin. Has a CO and CCJ in place with MBNA named. Be interested to know does the CO and CCJ transfer when assigned or am I likely to be off to court shortly looking at what they seem to be like.

    Would be interested to know in laymans terms how this works. The debt is sold absolute. Does CCJ/CO follow the debt or stay with the OC unless the DCA goes to court to change the CCJ/CO. And if they dont does that mean the original CCJ/CO is paid?

    I know looking at various forums there was quite a few MBNA CCJ/CO debts sold to this lot.

    Thanks to anyone who could enlighten me to what happens to a sold CCJ/CO
    Tags: accounts, act, action, arrangement, cca, ccj, charges, charging order., charging orders, con, consumer, consumer credit, consumer credit act, costs, county, county court, court, cra, credit, credit act, creditors, dca, dca's, debt, debts, email, fee, fine, firms, friday, help, high court, hsbc, interest, law, legal, letter, marlin, mbna, niddy, oft, orders, privacy, sar, storecard, storecards, thank you, ue diary, unenforceability
  • #2
    Re: Marlin/MBNA CCJ and CO

    Thanks again.

    Read Mrs G's thread hence the desire to sign up.

    Was abit shocked to see the sink the bad boys section as all I have had is one letter from Marlin saying carry on with Optima(MBNA was OC) as you have before.

    This set me wondering why not take inhouse and then is there a problem with the account.

    Optima have since the CCJ been offering up to 85% F & F which has never made sense to me. And I havnt even been trying to settle.

    So like chess wish to know what the next move your oppo is likely to make.

    Do they have to go to court to assign the CCJ/CO to themselves. If they do is there costs? Who pays? I didnt ask them to sell. This obviously is a court document signed by a judge. Surely they cant just change court stuff when they feel like it?

    And if the CCJ/CO stays with MBNA who have now settled on my CRA what does that mean to the CCJ/CO.?

    Confused lol

    I know its simple but blowed if I can get my head round it.

    Comment

    • #3
      Re: Marlin/MBNA CCJ and CO

      They won't be able to change the court order, without going back to court to get a redetermination.

      That is why they have said carry on with payments as previously.

      Did you have a new notice of assignment from Marlin\MBNA
      Last edited by vint1954; 4 September 2012, 16:24.

      Comment

      • #4
        Re: Marlin/MBNA CCJ and CO

        Hi Vint1954

        Thank you for your reply.

        Have a letter from Marlin saying they have been assigned the debt now but to just carry on paying Optima as before.

        CRA files showing MBNA as settled but nothing at all from Marlin.

        Just this one letter and thats been it. We had this in June and nothing since.

        So the CCJ/CO is still owned by MBNA to whom I owe nothing but the debt is owed to Marlin who dont have a CCJ/CO? Am I getting this right or am I just being too simplistic here?
        Last edited by ken100464; 4 September 2012, 16:39. Reason: Stupidity.

        Comment

        • #5
          Re: Marlin/MBNA CCJ and CO

          Well if the notice of assignment is not correct, it may be worthless.

          You may want to email Niddy the NOA, to see if it is kosha, especially as they have a CO. I trust that you are up to date with your payments.

          Just watch for them trying to add charges or interest.

          Niddy's email is: agreements@all-about-debt.co.uk

          Marlin will have purchased the interest in the CCJ, namely the ballance. It's not an assignment of the CCJ as such, but the outstanding debt.
          Last edited by vint1954; 4 September 2012, 16:44.

          Comment

          • #6
            Re: Marlin/MBNA CCJ and CO

            Originally posted by ken100464 View Post
            Hi Vint1954

            Thank you for your reply.

            Have a letter from Marlin saying they have been assigned the debt now but to just carry on paying Optima as before.

            CRA files showing MBNA as settled but nothing at all from Marlin.

            Just this one letter and thats been it. We had this in June and nothing since.

            So the CCJ/CO is still owned by MBNA to whom I owe nothing but the debt is owed to Marlin who dont have a CCJ/CO? Am I getting this right or am I just being too simplistic here?
            M F S
            Portfolio Limited

            ^^^^Did the letter have this top right ?
            I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

            If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

            Comment

            • #7
              Re: Marlin/MBNA CCJ and CO

              This debt is below £5000 and is an ex CC so was CCA regulated.

              Debt always below £5000 and is now halfway to being paid off.

              From my reading about the forums and National Debtline they cant add interest or have I got that wrong aswell? MBNA never did once the CCJ came into force.

              Just when you think you have got this right in your head they seem to come out with something else so this wouldnt surprise me at all.

              Will as you say look into getting the NOA posted to Niddy to look at. As just found this site do I redact all the personal info or does Niddy need that aswell.

              Many thanks for your help so far.

              Had a mild panic attack when I first came on realising Marlin were my new friends.

              Comment

              • #8
                Re: Marlin/MBNA CCJ and CO

                In 2 Deep.

                Good evening and thank you for replying.

                Yes to your answer the logo was at the top.

                Comment

                • #9
                  Re: Marlin/MBNA CCJ and CO

                  Originally posted by ken100464 View Post
                  In 2 Deep.

                  Good evening and thank you for replying.

                  Yes to your answer the logo was at the top.
                  Had the same letter back in June...........
                  I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                  If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                  Comment

                  • #10
                    Re: Marlin/MBNA CCJ and CO

                    Same boat huh?

                    I hadnt really thought much about it as have alot of other stuff going on so just took it as a debt sale and left it at that.

                    But am now starting to think there is something strange with it thinking back now.

                    MBNA/Optima took what was an age really in taking me to court. Almost as if they didnt want to which when my head was all over the place I thought was rather sweet of them.

                    When they did eventually do it it was over xmas and my feet didnt touch the ground from initial court papers to full CO with the CCJ inbetween. Its happened not wanting to go back and re open it.

                    Then Optima have been trying to get me to settle ever since which I cant afford as yet.

                    And now this which again dont feel right.

                    Not that I am complaining because when the time becomes right for me the more they have messed up the better.

                    Comment

                    • #11
                      Re: Marlin/MBNA CCJ and CO

                      Originally posted by ken100464 View Post
                      This debt is below £5000 and is an ex CC so was CCA regulated.

                      Debt always below £5000 and is now halfway to being paid off.

                      From my reading about the forums and National Debtline they cant add interest or have I got that wrong aswell? MBNA never did once the CCJ came into force.

                      Just when you think you have got this right in your head they seem to come out with something else so this wouldnt surprise me at all.

                      Will as you say look into getting the NOA posted to Niddy to look at. As just found this site do I redact all the personal info or does Niddy need that aswell.

                      Many thanks for your help so far.

                      Had a mild panic attack when I first came on realising Marlin were my new friends.
                      No, they are not allowed to add post judgement interest.

                      Do not alter the NOA. Only Niddy sees this and it is perfectly safe.

                      Comment

                      • #12
                        Re: Marlin/MBNA CCJ and CO

                        Originally posted by ken100464 View Post
                        Same boat huh?

                        I hadnt really thought much about it as have alot of other stuff going on so just took it as a debt sale and left it at that.

                        But am now starting to think there is something strange with it thinking back now.

                        MBNA/Optima took what was an age really in taking me to court. Almost as if they didnt want to which when my head was all over the place I thought was rather sweet of them.

                        When they did eventually do it it was over xmas and my feet didnt touch the ground from initial court papers to full CO with the CCJ inbetween. Its happened not wanting to go back and re open it.

                        Then Optima have been trying to get me to settle ever since which I cant afford as yet.

                        And now this which again dont feel right.

                        Not that I am complaining because when the time becomes right for me the more they have messed up the better.
                        Don't worry, so long as you keep up with the arranged payments, they cannot do much.

                        Is your house jointly owned?

                        Comment

                        • #13
                          Re: Marlin/MBNA CCJ and CO

                          Thanks Vint1954.

                          Will look into getting that posted across and thank you for the reassurance.

                          Must say what a helpful and friendly crowd you are.

                          Wish I had been on here alot earlier on my journey

                          Comment

                          • #14
                            Re: Marlin/MBNA CCJ and CO

                            Vint1954.

                            House not jointly owned.

                            Plenty of equity in it and this debt is small fry in comparison.

                            Think really reading Mrs G's thread has un nerved me somewhat and its human nature to wonder what could be happening as opposed to what is happening.

                            Am up to date with payments. CCJ/CO is made out to MBNA. Marlin have sent NOA but also said keep paying Optima.

                            No beasts there. They have muddied their own nest.

                            Comment

                            • #15
                              Re: Marlin/MBNA CCJ and CO

                              I'll ask Paul to come here and offer his comments as this stinks - and this interest thing, well that's rubbish as the debt is under £5k!

                              This doesn’t apply to Consumer Credit Act regulated debts or Charging Orders of debts below £5,000 unless they have been transferred to the High Court for a High Court Charging Order. (The County Court (Interest on Judgment Debts) Order 1991)
                              As I say I will speak to paul - see what he thinks. As an aside, i'm interested how come MrsG's case has post judgment interest within the terms yet the debt is under £5k as well.... weird.

                              Sit tight, Paul will be able to help with this no doubt, especially if we win with MrsG's case which is in court next Friday
                              I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                              If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

                              Comment

                              Previous 1 2 3 template Next
                              Working...
                              X