Very much so.. thanks again mjt

Many thanks MJT.. Should I go into a bank tomorrow and apply for a loan with my own terms and conditions? That would be awesome. It amounts to the same thing.. Why should we approach them with a repayment plan.. or even think we should have? They were ringing us every 5 minutes to arrange one when the loans were not in dispute

Been reading further about this.. from what I can see an order for sale can only be made where there has been a default in repayments. How would that work where there is no repayment plan in place.. and I believe the onus was on them to contact us regarding this earlier rather than let it sit for 2 years. We haven't actually defaulted on anything at the moment... Any thoughts?

Hi MJT.. I understand that it has to be repayed, just thought it was all settled upon sale of the house. Very little information came when the order was made other than the order was granted. No contact ever from Northern Rock kinda reinforced the opinion that settlement would come if we ever sold the house. This debt is for £7k btw

Ok.. thanks for the advice folks. Any idea where to go from here? Can they start throwing their weight around when there was no requirement or arrangment attached to the charging order?

Just read this on another site... Does this ring true? "This maybe a blessing in disguise. First of all I would get in touch with nram and confirm with them that they have sold on your debt. If they confirm they have, and that Marlin Europe are the new owners, then I would check with Trustonline.com to see if the charging order has been settled. It only cost you £4 to check with them, and they list all judgements against your name for all U.K residents. This way you will know that the debt is cleared. You see it works like this............If nram have sold your debt, they have been paid. This means the debt no longer exists. The new company tries to get you to pay them, hoping you won’t know the debt is cleared because they paid it. Now you didn’t borrow any money from the new company, you didn’t instruct them to pay your debt, or have a contract with them, and you didn’t ask them to interfere with your private matters between you and nram. This makes them a third party interloper trespassing on a private matter. This means you owe them nothing but your thanks in paying your debt. In that case the three debt collector letters/notices will do away with them. But first you need to know that nram have sold your debt, and that the debt has been cleared. If you check with trustonline.com, it will tell you if the charging order is in existence. As I said, this maybe a blessing in disguise. Any decision you make has to be yours, and yours alone, but I’d do a little due diligence first, and see where you stand." Sounds reasonable...but is it possible?

Hi, Cant believe this is coming back to haunt yet again. Bit of history ... My Wife and I had 2 seperate loans with Northern Rock, entered a battle about PPI (before it came to light just how much the banks were ripping us off), went to court a few times, long story short, they obtained charging orders. Below are the links to the previous threads. http://www.consumeractiongroup.co.uk/forum/showthread.php?198906-Court-Case-2-Northern-Rock http://www.consumeractiongroup.co.uk/forum/showthread.php?201020-Court-Case-3-Northern-Rock-(-Eversheds-) No conditions were ever applied, and the understanding is that the debts were secured and presumably they would cash in when we sold the house. Never heard anything from Northern Rock since. A few months ago we received a letter (as thousands of others have) saying the debt was bought by marlin and they wanted to know how we were going to repay them? This came in the form of a letter from Mortimer Clarke solicitor(s?). Pretty much ignored them and felt that if terms were to applied to the order for payback, we would have known about it, so I dont believe we are breaking any terms of the order because quite simply there are none! Received a letter today from the same ****bags saying they are applying for an order for sale "solely on the basis that you failed to provide acceptable proposals for repayment." No doubt my wife will also receive the same letter soon. I am confused like many others as to how a charging order can be sold on??.. and how these numb nuts can possibly force repayments when the judge did not?...and how far can they take it? Sounds like a threat at the moment until they actually apply for an order for sale, but need some advice if anyone has any please? If you work for Marlin, then stick your opinion up your arse and count yourself lucky youre not on the end of the phone if and when I do call. I have attached the letter to view. Please, as always, any advice is appreciated.

Many Thanks for the advice Andy, and many thanks to Slick too. I will amend the defence accordingly and get it sent. Will let you know the outcome

That Better?

Ok That didnt work too well...sorry

That was the original POC back in 2009 This is the recent communications dated the 6th Feb [ATTACH=CONFIG]49369[/ATTACH][ATTACH=CONFIG]49370[/ATTACH]

Hi Andy The original POC was literally this: "The claimants claim is in respect of monies due pursuant to an account maintained with the claimant.....and the claimant claims 1. £5427.57" I am just attaching some photos just taken of the doc recently received (n244)

from what i can see, the only relevant mention of stays is in part 26 of the CPR Stay to allow for settlement of the case 26.4 (1) A party may, when filing the completed directions questionnaire, make a written request for the proceedings to be stayed(GL) while the parties try to settle the case by alternative dispute resolution(GL) or other means. (2) If all parties request a stay the proceedings will be stayed for one month and the court will notify the parties accordingly. (2A) If the court otherwise considers that such a stay would be appropriate, the court will direct that the proceedings, either in whole or in part, be stayed for one month, or for such other period as it considers appropriate. (3) The court may extend the stay until such date or for such specified period as it considers appropriate. (4) Where the court stays the proceedings under this rule, the claimant must tell the court if a settlement is reached. (5) If the claimant does not tell the court by the end of the period of the stay that a settlement has been reached, the court will give such directions as to the management of the case as it considers appropriate. Seems to suggest that in this case the stay should have been lifted after the test case finished ie: Nov 2009

Thanks for your help slick I take it the CPR dows not specify a maximum stay period? Pity bout the statute barred bit, may just leave it in anyway and argue it in court ...albeit perhaps unsuccesfully

Thanks Slick, I will wait as late as possible before i send by email to both court and RBS.