NRAM

[billywhizz]

Hi,

1st post on the site. Thanks to Niddy for sorting the user-account issue.

I 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 me to court and got CCJ and inerim restriction on my property in 2009. no monthly arrangement setup to pay NRAM even after judgement

fast forward few years in Oct 2013 the loan is sold to Marlin (or assigned). I tght let me validate with Marlin the loan status as a new owner.

The have send me the original CCA on my request.

I have attached the PDF was wondering if it is enforceable?

Pls advise.

Thanks

[PlanB]

Re: NRAM

If you've already got a CCJ the issue of enforceability is no longer relevant. Sadly the time to argue that was at the hearing. What date was the judgement?

Having said that, if you've not paid anything since the CCJ in 2009 (i.e. five years or more?) you may find that Marlin will have to take you back to court to enforce that judgement.

Even though you haven't paid anything on the debt since 2006 you cannot claim statute barred because the court proceedings stopped the clock in 2008/9.

[billywhizz]

Re: NRAM

If you've already got a CCJ the issue of enforceability is no longer relevant. Sadly the time to argue that was at the hearing. What date was the judgement?

Having said that, if you've not paid anything since 2009 (i.e. five years or more?) you may find that Marlin will have to take you back to court to enforce that judgement.

Even though you haven't paid anything on the debt since 2006 you cannot claim statute barred because the court proceedings stopped the clock in 2008/9.

Hi Plan B,
The judgement was January 2009.
As I said, then, the ICO is only in NRAM's name and NOT transferable as only they are named on it at the Land Registry,
and as far as I know (may be wrong) it cannot be transferred. if Marlin need money they will have to take me to court for new judgement in their name.

By the way I paid Marlin 8 months from Dec 2013 to August 2013 but I stopped once they started pressurizing for more money. thats when I started reading lot of sites and trying to sort it,

Regards

[Never-In-Doubt]

Re: NRAM

Hi

you need to upload everything again and NOT blank bits out - to confirm enforceability I need unedited versions, as sent to you by the lender(s).

However if it's already got a judgment then pointless checking the documents as we cannot do much...... as per planB's post above,

[PlanB]

Re: NRAM

As I said, then, the ICO is only in NRAM's name and NOT transferable as only they are named on it at the Land Registry,
and as far as I know (may be wrong) it cannot be transferred. if Marlin need money they will have to take me to court for new judgement in their name

We had another member with a similar situation in this thread (link below) which seemed to have fizzled out before we reach a conclusion as to whether Marlin can step into the OC's shoes without going back to court. I don't think they can but maybe Andrew will clarify this point:

http://forums.all-about-debt.co.uk/s...l=1#post229302

A lot will depend on whether Marlin are only acting as a DCA for NRAM or whether they've actually purchased the debt. Did you get a Notice of Assignment?

Whatever the situation there can only ever be only one CCJ for a debt and that's that. Marlin would not need to bring to fresh claim if they have bought the debt although they may have other legal hoops to jump through.

[billywhizz]

Re: NRAM

We had another member with a similar situation in this thread (link below) which seemed to have fizzled out before we reach a conclusion as to whether Marlin can step into the OC's shoes without going back to court. I don't think they can but maybe Andrew will clarify this point:

http://forums.all-about-debt.co.uk/s...l=1#post229302

A lot will depend on whether Marlin are only acting as a DCA for NRAM or whether they've actually purchased the debt. Did you get a Notice of Assignment?

Whatever the situation there can only ever be only one CCJ for a debt and that's that. Marlin would not need to bring to fresh claim if they have bought the debt although they may have other legal hoops to jump through.

Marlins letter says "Marlin is entitled to all sums owed under the loan account and the benfits of any actions taken by or on behalf of Northern Rock.They have be assigned all rights, title interest with the loan account previously owned by Northern Rock.
"
Which means to me Marlin has bought the debt from Nram.

Niddy,

will upload everything again with full details with CCA, terms , notice of assignment and etc.


Thanks

[Still Waving]

Re: NRAM

.

Niddy,

will upload everything again with full details with CCA, terms , notice of assignment and etc.


Thanks

Hi Billywhizz

You need to send the unedited paperwork to Niddy's secure email address, not upload it to this thread. Remember to include your username in the title box.

[billywhizz]

Re: NRAM

Hi Billywhizz

You need to send the unedited paperwork to Niddy's secure email address, not upload it to this thread. Remember to include your username in the title box.

Paperwork is uploaded to new secure content database.

Thanks

[Undercover Elsa]

Re: NRAM

I was just going to give you the link but I see you've found it yourself..well done!

For reference of anyone reading, agreements should be uploaded to Niddy's secure area, rather than emailed. Link> http://forums.all-about-debt.co.uk/f...?do=form&fid=4

[Never-In-Doubt]

Re: NRAM

Paperwork is uploaded to new secure content database.

Thanks

hi thanks for documents. However they have a CCJ and you have no right of appeal so I'm not sure what you're wanting by uploading the docs? There's nothing much you can do now regards the judgment so the docs are quite irrelevant.

[Never-In-Doubt]

Re: NRAM

Marlins letter says "Marlin is entitled to all sums owed under the loan account and the benfits of any actions taken by or on behalf of Northern Rock.They have be assigned all rights, title interest with the loan account previously owned by Northern Rock.
"
Which means to me Marlin has bought the debt from Nram.

Indeed. That's what's happened so you just owe Marlin now; not NRAM.

This is normal, perfectly acceptable behaviour and it does happen a lot. Post judgment - who owns the debt doesn't matter as much because there's a judgment so if you don't pay they'll go for a CO. Assignment of anything can occur on anything. If you own your house you can assign all title, right, ownership and interest to the local tramp for £1 if you want. In essence give it away for a nominal fee just to dispose of it.

[PlanB]

Re: NRAM

because there's a judgment so if you don't pay they'll go for a CO.

Sadly they already have a CO (Restriction) on BillyWhizzy's home
He wants to know if that's transferable to Marlin, which I expect it is although I don't know the practicalities of that.

NR took me to court and got CCJ and inerim restriction on my property in 2009.

[Never-In-Doubt]

Re: NRAM

Yes it's transferable. Sadly

[PlanB]

Re: NRAM

Marlins letter says "Marlin is entitled to all sums owed under the loan account and the benfits of any actions taken by or on behalf of Northern Rock.They have be assigned all rights, title interest with the loan account previously owned by Northern Rock.
"
Which means to me Marlin has bought the debt from Nram.

Marlin may well have bought the debt from NRAM but that doesn't mean that they can enforce that CCJ without applying to the court for a 'Substitution of Claimant'. You will be notified by the court if/when they make that application.

They will have to support their application with evidence that they are now the owner (therefore the 'new' Claimant) which will be their Deed of Assignment with NRAM. You will have the opportunity to challenge that application but quite frankly I can't see that you have a challenge. These applications are mostly dealt with without a hearing since they're routine.

See 5.1 and 5.2 of Practice Direction 19A here http://www.justice.gov.uk/courts/pro...t19/pd_part19a

Once Marlin has been legally substituted they can seek to enforce the CCJ by any means they choose. The could go for bailiffs or an Attachment of Earnings etc.

Can you say whether the CCJ was a "forthwith" or instalment order? You will have the option to apply to the court to vary the order to manageable payments in either case.

I'm not saying for one minute that you should pay Marlin a penny, I'm simply spelling out the options open to them which could impact on you so you know what lies ahead. When was the last tome you heard from Marlin and what did their letter say? If it's been a while then they may have given up hope of collecting the debt for now safe in the knowledge that they may be able to collect it if you ever sell the property at a later date.

You can never dispose of that CCJ because CCJs don't go SB. However if you don't make any payments for years, and Marlin don't take any court action during that time, then they would be in some difficulty resurrecting it.

[billywhizz]

Re: NRAM

Thanks PlanB and Niddy

The last contact with Marlin (Mortimer Sol) is a letter which provided the CCA agreement and asking for income and expenditure.

in terms of payment I didnt paid NRAM for almost 4 years (Jan 2009 -Nov 2013) but made 8 payments to Marlin (Dec2013 -July 2014) when they started contacting me when they bought NRAM debt.

Not sure what my options are, Marlin must have bought the debt for pennies why didnt NRAM offered me that.