MBNA CCJ/CO sold to Optima Legal & PPI REclaiming

[siriusb]

Thank you - much appreciated. At least I know they have to do something- Marlin that is.

I'm just wondering if the court have to inform me/give me the option to object?

[citizenB]

Thank you - much appreciated. At least I know they have to do something- Marlin that is.

I'm just wondering if the court have to inform me/give me the option to object?

 

Have they implied they are going to take some form of action against you ?

 

Yes, I would think that you would most certainly be given the opportunity to object.

 

As I understand it, you are making payments to the judgment debt and as such no order for sale should be permitted. The property is joint owned so that could present them with a problem I would have thought.

 

Is there any outstanding mortgage / secured loans - if there was an enforced sale (which I doubt) anything to do with the Mortgage will be first in the queue.

 

I am sure others with more knowledge will pop in with advice as well.

[citizenB]

Were Optima the legal representation for MBNA ?

[siriusb]

Optima were MBNAs representative, and they are now administering the account for Marlin.

 

No mention of action - in fact no contact from Marlin whatsoever! I didn't even know I had been transferred!

 

The reason why I am asking this is that the only way I could pay my creditors any quicker is to sell me house and get a house with a smaller mortgage (currently my mortgage is £1060 pm and i would look to find somewhere with a mortgage of around £700 pm so that's a fair bit more free to pay off debts).

 

Obviously if the charging order is in place i will not get any small amount of equity to use as a deposit. So i am looking at whether there is any legal and fair way to change having the charging order there.

 

I'm not trying to be sneaky or wriggle out of my debts - i'm just trying to find a better way than my current position - that being it will take me 16 years to pay all my current debts off at the current amount i can afford each month.

[citizenB]

Righto, I understand now. Sadly, this is outside of my knowledge so I will leave an S.O.S for others to advise.

[siriusb]

Actually this is a bit random - but if a debt is sold on, and there is an order for a certain amount to be paid each month as set by the judge via CCJ - when the debt is sold is it ok for the new debt company to register a default/missed payment (i'm not sure of the technical way of describing it) each month with credit reference agencies? After all they knew that was the debt they were taking on?

 

Any experiences/thoughts?

[BRIGADIER2JCS]

Absolutely NOT OK to register a new default, the new 'owner' of the debt MUST update the CRA files with its name and details, the default date sum owed must be those on the original entries. They should keep the records up to date.

[steampowered]

As far as you are concerned, you are probably still paying Optima Legal as agent for MBNA. You would generally need to get a notice of assignment in order to be able to discharge the debt by paying Marlin. If the house was sold I imagine the outstanding amount would be paid to Optima Legal (as agent for MBNA) but the amount passed to Marlin under the arrangements between MBNA/Marlin ... but these arrangements do not concern you.

 

Unfortunately I don't think any of this would invalidate the charging order.

 

If your focus is clearing debts and you don't have much equity anyway, and without wishing to get into a debate about the merits of renting vs. buying, perhaps it would make sense to rent for awhile? You say it will take 16 years to pay off your debt at the rate you are going, but I think it is a pretty sure bet that interest rates will increase, and thus your mortgage payments will presumably increase, during that time.

[siriusb]

Hello,

 

I wonder if anyone had the right address for sending a claim for reimbursement of late payment fees.

 

Any legal wording that is prudent to include to get them to agree?

 

Kind regards,

 

Hx

[citizenB]

There are 3 addresses below, I would imagine any one of them would see your letter directed to the correct department.

 

I think there is a draft letter in the CAG library - top left of the screen - highlighted in green - that you could use as the basis of your claim. Or have a look at other threads and see what they have used.

 

MBNA Limited

PO Box 1004

Chester Business Park

Wrexham Road

Chester

CH4 9WW

 

 

The Customer Advocate Office

MBNA Limited

Chester Business Park

Chester

CH4 9FB

 

 

Registered Office

MBNA Limited,

Stansfield House,

Chester Business Park,

Chester,

CH4 9QQ.

[sequenci]

Hello there.

 

Sorry if this has already been mentioned in the thread - but is the debt in your own name, or is it in joint names?

 

Best wishes,

 

Seq.

[siriusb]

Less than two weeks after sending in the form I have received a letter confirming PPI refund, including interest, or £1049.58 pence coming my way....Yay!

 

Next ....applying for those late payment fees to be re-imbursed!!

[dx100uk]

thread?

 

dx

[siriusb]

Ermm..i hadn't put a thread on it...

[siriusb]

Looking through SAR info from MBNA they, towards the end of my complete financial meltdown, offered to settle my debt for 30% of outstanding amount. As I couldn't rustle up £3000 it ended up in CCJ and CO.

What I am trying to figure out is how much the DCA is likely to have paid for it, bearing in mind to some extent it is a secured debt.

Any ideas?

[citizenB]

You would be most unlikely to receive that information - it is commercially sensitive.

 

Was there any default charges or Payment Protection Insurance or Card Protection insurance on the account ? You could still reclaim any or all of these if there was.

[BRIGADIER2JCS]

You would be most unlikely to receive that information - it is commercially sensitive.

 

Was there any default charges or Payment Protection Insurance or Card Protection insurance on the account ? You could still reclaim any or all of these if there was.

 

A court may demand this but would need very good reasons to ask for this to be divulged, it is very difficult to quantify as debt is sold a large portfolio not individually.

 

The price however would not affect and ''offers'' these are weighed against other commercial considerations e.g. getting long running debts with low repayment levels of the books because of the cost of collection.

 

This is often done with old debts with judgements as there are costs involved in seeking to amend judgement orders.

[siriusb]

I've had ppi back (just over a £1000 inc interest) and am waiting to hear about charges...

 

I think with this one I'll just sit on it (paying) until the 6 years from ccj are up and then go with a silly low offer.

[siriusb]

Hello,

Hoping for a bit of guidance.

 

I have a ccj which will reach is 6 year mark next year.

 

 

At the time the ccj was granted

the creditor put a charge on my property

 

 

the judge stated that the creditor could not force me to sell my house

providing I kept to the repayment plan StepChange put in place.

I have done this.

 

What I would be grateful to know is whether

this extends beyond when the ccj is off of my credit record.

 

 

I have no intention of shopping paying - it's my debt and my responsibility.

 

 

If I understand correctly no creditor can get another ccj for this particular debt.

.. they only get one bite of the apple.

 

 

What I am worried about is whether they can force me to sell my house to pay off the remaining amount.

 

Does anyone have any experience of this?

 

Thanks in advance

[dx100uk]

nothing should change once the CCJ falls off.

 

 

it makes no odds

simply means its removed from the public register.

 

 

dx

[siriusb]

Hello,

Thank you for replying.

 

I guess I'm a bit worried as optima legal were very aggressive in pursuing a ccj and property charge at the same court hearing despite the fact I was paying the debt off via the cccs (stepchange now).

Having diligently paid this debt I am concerned they will be as aggressive with any legal options open to them once the ccj expires on the register.

[dx100uk]

you've said it yourself..

 

 

the CCJ expires on the REGISTER

 

 

not the CCJ itself

 

 

until its paid off

it is still very much alive.