Tomlin Order - MBNA sold to Marlin

[mgfboy]

Re: Tomlin Order - MBNA sold to Marlin

I can't understand why they would sell a debt under a Tomlin order, there is no room for extra profit. But I assume when they sell debt they just buy a bundle of accounts and take a risk with whats in it.

[julian]

Re: Tomlin Order - MBNA sold to Marlin

There are 2 points in the thread that I can see cause confusion.

1 Transferability of debt

A debt is subject to a CCJ and there is a specific amount to be paid regularly.

The debt is sold on together with its payment schedule which is supported by the CCJ.

The CCJ is registered in the name of the original creditor who went to court until or unless the debt is satisfied.

The debt purchaser can raise a court application to change the details on the CCJ and the other legal document, but they rarely do. They trust that they will be able to enforce using the original court documents like a bearer bond. Are they correct in law in believing this?

Are there any cases where this has been contested? What outcome?


2 Opportunity to challenge when ownership changes

A debt is subject to a CCJ which was acquired by a creditor as it was incorrectly challenged in court. Perhaps by default or because the defence was naive.

The CCJ and perhaps the Charging Order were thereby gained by the original creditor because they were 'lucky'.

The debt is sold on and with it there is a CCJ and a CO. The CCJ and CO are still in the name of the original creditor and the current creditor cannot be bothered to apply for the documents to be changed.

The current creditor cannot take you back to court to obtain another CCJ and CO if you refuse to pay, can they?

What happens if you stop paying? e.g. county court judgement, force a sale of the house, attachment of earnings, bankruptcy that they threaten when offering a 'today only' discount.

Do they have to take you back to court to implement the sanctions on the CCJ? Or will the judge just sign off the order in their application?

If there is a court process to implement the sanctions, is there an opportunity to challenge the original CCJ? e.g. The creditor never produced a CCA, thereby rendering it UE, but you did not know it mattered at the time of the original claim.

Is it ever possible/worth challenging/appealing an existing CCJ based on current knowledge? e.g. reading through evidence on claim the original creditor admits no documentation, but now you know that made it unenforceable.

[ken100464]

Re: Tomlin Order - MBNA sold to Marlin

Interesting points Julian.

Both have crossed my mind and seemingly anyone who has one of these orders/CCJ's when the OC after putting you through hell decide they dont want to be your friend anymore and sell up. It sort of sucks big time.

I have read one instance where one person went ahead to challenge the ownership of the debt on transfer under the egging on of another forum. He was well and truly spanked so he says and ended up with a four figure costs bill.

So unless he somehow put across he was challenging the court and CCJ and the judge took umbridge at him seemingly questioning one of his own its certainly not somewhere I wish to go.

So what do we have? An admin issue although I would be interested what would happen if you sold your house. Does the OC get the money as they have the charge? Or does the new owner get it who doesnt have the charge? Or do the freaking pair of them have a cosy little agreement where they share it like the leeches they are? Or indeed does neither of them get it because you dont owe anything to the entity who has the charge? because that was settled by the debt sale.

What other industry would get away with such a mess like that.

I just know it feels really unfair there is a charge against your house to some entity you no longer owe any money to. Even more unfair that you had to pay for them to secure the bloody thing aswell.

[SXGuy]

Re: Tomlin Order - MBNA sold to Marlin

Do we know if it was an asignment in absolute though? wheres the proof they havent just asigned collection to someone else?

Good points about the CO and whos name its in. I would guess most DJ's would just side with the claimant regardless.

But the bit that would bother me, is do you keep paying the OC or do you pay the new asignee? if you pay the new asignee you are techically breaking the tomlin order, if you dont, what then? can they force a sale based on an order in another OC's name? its a tricky one.

If you are really bothered by it and wish to continue making payments to the right person, i see no reason why you couldnt inform the new OC that they are required to change the name on the tomlin order as you will not break the agreement by not paying the OC whos stated on the order.