Marlin/MBNA CCJ and CO

[ken100464]

Re: Marlin/MBNA CCJ and CO

Well thats the bit thats really un nerved me tbh.

I have spent ages on forums and research.

There is a big plan for my battles with the debt industry. That plan didnt factor in a DCA re starting interest on something that has been paid down to a level where I am just starting to see daylight at last.

As I understood it that without a court saying so the payment arrangement stays as it is and the amount stays as it is and in return the shisters get a secured debt on my asset.

[Never-In-Doubt]

Re: Marlin/MBNA CCJ and CO

I wouldn't worry too much about the interest element as things stand as the CCJ/CO is only against the debt, NOT the interest so lets say (like in MrsG's case) there was a clause for post judgment interest and the judge awards it the claimant at CO point, well once you satisfy the CO they would then have to go back to court to try and enforce the actual interest if they so wanted. Point is, the moment you satisfy the original court order amount the charge will be lifted and so will the CCJ so the interest element becomes a whole new fish in it's own right and to enforce, they would have to go back to basics - it's not that easy and most definitely not always beneficial for a lender to try and enforce post judgment interest as the claim can be more than the legal costs..... Just remember the interest is a whole new event to the actual original CCJ/CO. It is not linked in any of the original order.

See what Paul has to say, but don't let it stress you - Marlin are dogs, granted, but if they try to play games on a CO that you're paying, they'll come up against trouble - plus if necessary I'll pass you a contact at the OFT who is interested in such firms

[ken100464]

Re: Marlin/MBNA CCJ and CO

Thanks that is my mind at rest.

What a great forum.

[vint1954]

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.

Don't panic. You will be in safe hands.

[PlanB]

Re: Marlin/MBNA CCJ and CO

I think it may be as much about the Deed of Assignment as the Notice of Assignment which can be written on a post note or a lettuce leaf as long as the information is correct and you have been told who owns the debt and who needs to be paid. But the circumstances surrounding the sale of the debt are important. This link to our case law database may help Harrison vs. Burke

http://forums.all-about-debt.co.uk/s...ead.php?t=1401

[ken100464]

Re: Marlin/MBNA CCJ and CO

Thanks Vint1954 and PlanB.

Just to show how new I am was wondering why my message counter was going up and couldnt see any new messages.

Of course there are two pages doh.

Its like learning to walk all over again and has made me smile.

Its nice to see good people all around and know the guidance will with done my best intentions.

Just been having a look around the forums.

Can see quite a number of threads already of interest when the time is right for me.

[Never-In-Doubt]

Re: Marlin/MBNA CCJ and CO

Can see quite a number of threads already of interest when the time is right for me.

You are only seeing half of the threads as a lot of juicy ones are in a protected section. To get access you simply need to send me your agreement..... that's like the gatekeeper fee

also we have the main website too - Welcome to allaboutDEBT | Consumer Debt & Unenforceability Specialists

[ken100464]

Re: Marlin/MBNA CCJ and CO

Plan B

Thanks for your kind words and link.

Forgive me for these silly questions but are you saying there are actually two documents?

And I am likely to have the NOA which just said basically new owners and carry on. Is the DOA something us mere mortals ever get to see? Is this where you think the problem is arising as they need to go to court to transfer the CCJ/CO but cause the debt is quite small court action to secure it in their name isnt really worthwhile? Especially if I am paying and have been for 3 years.

So if they let the mere mortal believe its all the same then mere mortal doesnt twig the CCJ/CO belongs to a company you owe nothing too?

I have CRA reports showing that I owe the OC £0 and the account is marked as settled.

I came on here oblivious and thinking things were getting sorted lol.

Now I think maybe things are just about to start getting interesting.

[PlanB]

Re: Marlin/MBNA CCJ and CO

Plan B Thanks for your kind words and link.

Forgive me for these silly questions but are you saying there are actually two documents?

And I am likely to have the NOA which just said basically new owners and carry on. Is the DOA something us mere mortals ever get to see? Is this where you think the problem is arising as they need to go to court to transfer the CCJ/CO but cause the debt is quite small court action to secure it in their name isnt really worthwhile? Especially if I am paying and have been for 3 years.

So if they let the mere mortal believe its all the same then mere mortal doesnt twig the CCJ/CO belongs to a company you owe nothing too?

I have CRA reports showing that I owe the OC £0 and the account is marked as settled.

.

Pass

Paul will answer your legal questions

Ask him whether a court order (such as a CO) travels with the sale to a debt purchaser

[ken100464]

Re: Marlin/MBNA CCJ and CO

Never in Doubt.

Again kind words.

I am away from home so I will get the letter to you when I can this week.

Like I have just said to PlanB. Thought I had a reasonable understanding of this all lol

Now I realise I know about as much as her lettuce leaf lol

This is a long term plan I have and due to what I am planning in the next couple of months I do not wish to upset any DCA's unduly this side of xmas lol.

However new year new plan new DCA's would be nice am bored with the present collection.

But in the intervening months I hope to learn.

[ken100464]

Re: Marlin/MBNA CCJ and CO

PlanB

Paul? Is he one of the people on my thread?

I dont even know who people are now lol Wont be able to type next lol

[Never-In-Doubt]

Re: Marlin/MBNA CCJ and CO

PlanB

Paul? Is he one of the people on my thread?

I dont even know who people are now lol Wont be able to type next lol

Paul is our preferred solicitor - he kicks arse for the users here

see this ---> Watsons Solicitors

[ken100464]

Re: Marlin/MBNA CCJ and CO

Oh wow.

Is this the Paul on PlanB's Harrods thread?

I just cant say how different this forum has been.

I will stop asking daft questions now as I am sure you all have much more important stuff.

I intend to study and learn.

Thank you all so much

[PlanB]

Re: Marlin/MBNA CCJ and CO

Oh wow.

Is this the Paul on PlanB's Harrods thread?

That'll be the one

Do you have any storecards which were upgraded/substituted/transformed/replaced with a credit card account

There were 2.5 million M&S ones for starters AAD is monitoring this situation closely

[The Tech Clerk]

Re: Marlin/MBNA CCJ and CO

That'll be the one

Do you have any storecards which were upgraded/substituted/transformed/replaced with a credit card account

There were 2.5 million M&S ones for starters AAD is monitoring this situation closely

I really do not know why they keep going on about youe episode with Harrods etc lol, be honest if it were us I bet we would initally panick, me especially.