Tomlin Order - MBNA sold to Marlin

[differentjudge]

Hi

I have a Tomlin Order with MBNA

I have made every payment on time since signing the order

Today I received a letter from MBNA to say they have sold the debt to Marlin Europe II Limited

Can they do this? ?

[mystery1]

Re: Tomlin Order - MBNA

Why not ?

If MBNA were taken over then it'd be a different company you made the payments to.

Keep paying and all should be well.

M1

[differentjudge]

Re: Tomlin Order - MBNA sold to Marlin

i thought a Tomlin Order was like a court order and not like a finance agreement that could be transferable...

[Never-In-Doubt]

Re: Tomlin Order - MBNA sold to Marlin

i thought a Tomlin Order was like a court order and not like a finance agreement that could be transferable...

It is an agreement that is binding by the court so as long as you continue the repayments as with the TO you'll be fine, as M1 says above

Do not change payee, just carry on as before unless instructed otherwise by the court. Only the court can change it.

[ken100464]

Re: Tomlin Order - MBNA sold to Marlin

I would be interested in the answer to this as I asked something similar about a CCJ and a CO.

Both are court orders and to me it doesnt seem quite right these finance companies are just transferring them about without recourse back to the court.

I think of it along the lines of if I got someone to offer to pay my debt would both the CCJ and CO stay with the debt onto someone else property.

I dont think so. So how can these companies get a court order then decide to break it by transferring it or do they just make us think these things transfer with the sold debt.

And then this to my mind brings forward another question. If the court order has not been transferred by the court and has so to speak become disconnected by the sale of the debt where does that leave the debt?

Is it still protected by the CCJ or have the creditors shot themselves in the foot and left this protection behind in thier greed to make a quick buck?

[Never-In-Doubt]

Re: Tomlin Order - MBNA sold to Marlin

A Tomlin Order (or the debt within it) can be sold, as the debt itself can be sold - that does not matter, the actual Tomlin is around the Schedule and any undertakings so in this case where it states "You agree to pay £x etc" is the key point.

Continue to pay £x to whoever the Tomlin tells you to, and then you are safe. If you pay the new company before the court says so you are in breach of the Tomlin so bear that in mind.

The court dictates changes to the schedule - nobody else. The owner of the Tomlin does not affect the schedule does it?

[ken100464]

Re: Tomlin Order - MBNA sold to Marlin

Apologies to differentjudge for hi jacking the thread.

This is an interesting point.

Totally agree with everything that has been said and yep it doesnt matter who the owner is its the shedule that is in the court order that counts.

Not sure about Tomlin orders but in the case of my CCJ and CO the OC is named as the claimant.

I maybe barking up the wrong tree here but would have thought the DCA would have to go back to court to register both the CCJ and more importantly the CO in their name??? Afterall both are legal documents signed off by a judge.

This smacks of we have to abide by a court document or we get hell and brimstone fired at us but OC's and DCA's can do as they please.

For me its a very important question because if they have inadvertenly left the protection of a CCJ does this open up UE on the debt?

[Never-In-Doubt]

Re: Tomlin Order - MBNA sold to Marlin

I maybe barking up the wrong tree here but would have thought the DCA would have to go back to court to register both the CCJ and more importantly the CO in their name??? Afterall both are legal documents signed off by a judge.

They will not change the judgments, but if they wanted to they would do it through the courts - yours have not changed have they, or if so how exactly?

[ken100464]

Re: Tomlin Order - MBNA sold to Marlin

No not changed at all. So both the CCJ and charge against the house is made out to the OC.

But the debt itself has been sold on to the DCA.

And to a simple fellow that seems pretty silly. As the debt that caused both the CCJ and CO now doesnt belong to the OC. But they still have an interest against our house. And that somehow dont quite seem right.

Perhaps its simple for the DCA to go for variation but perhaps that costs so they dont and use our ignorance of such things to pretend the CCJ and CO is still in place (It is but to someone else lol)

Obviously joking aside if there is any chance of getting the CCJ and then the CO lifted I would be all for that but wouldnt have a clue on how to do that.

[Never-In-Doubt]

Re: Tomlin Order - MBNA sold to Marlin

Obviously joking aside if there is any chance of getting the CCJ and then the CO lifted I would be all for that but wouldnt have a clue on how to do that.

The chargee can assign the debt if they want, you're looking too much into this - you won't be able to get it released unless you settle it sadly

[differentjudge]

Re: Tomlin Order - MBNA sold to Marlin

ok..
so i keep paying the scheduled payment on the agreed date to the company i have made the Tomlin order with

The new "owner" can not ask me to increase the payment or take any action as long as i pay as agreed.

[differentjudge]

Re: Tomlin Order - MBNA sold to Marlin

things have moved on slightly..

they have sent me an Income/expenditure form to complete.


Do i just file it away or tell them to fuck right off as i am not increasing the payment

[pooky2483]

Re: Tomlin Order - MBNA sold to Marlin

Sounds to me like they’re trying their luck as they have probably not looked through all the paperwork they have on the debt or maybe don’t understand the law properly.

Niddy or someone else more knowledgeable than me will more than likely be along shortly to advise, most probably say ignore it.

[helmsman]

Re: Tomlin Order - MBNA sold to Marlin

ok..
so i keep paying the scheduled payment on the agreed date to the company i have made the Tomlin order with

The new "owner" can not ask me to increase the payment or take any action as long as i pay as agreed.

Do we assume the new owner of a ccj only paid 20/30p in the pound for it, so an offer to settle would be beneficial to the debtor?

[pompeyfaith]

Re: Tomlin Order - MBNA sold to Marlin

I have been sent the same at 6 monthly intervals from Optima they letters are always marked without prejudice.

I just file them away and ignore because there are no terms to increase written into my Tomlin and it states how much to pay and the date that payments will cease which btw I will be long gone and 6ft under.