Charging order question (nram and marlin)

[pbaron]

Hi there

 

I defaulted with a loan with Northern Rock (or NRAM)

who then secured a charging order on my home on the 13/3/2007.

(My name is the only name on the mortgage and for clarity no regular payments where instructed to be paid)

 

Roll on to now and

 

NRAM have sold the debt onto Marlin who are now hassling me for payments.

 

I got a court letter through the other day which was a "substitution of claimant notice"

which im assuming means Marlin now legally owns the debt completely.

 

I've done a search on Trustline and no judgements are showing against me which im assuming is because over 6 yrs have passed

 

Just need to know whats the way forward for me now

and where i stand considering there is a charging order on my house

and yet they want me to make payments ?

 

Thank you

 

Paul

[dx100uk]

I believe they would have to go back to court

to enforce the judgement as its over 6yrs old now.??

 

were you informed about the substitution?

 

was this for the CCJ or just the CO ?

[pbaron]

I was informed about the substitution by a letter received on the 25th jan from the court saying a hearing took place on the 9th jan..

 

Just for the charging order.. I have. Ccj of which im paying each month

[citizenB]

If you are making payments on the CCJ, I am not sure what their problem is ?

[pbaron]

Sorry crossed wires.

 

I have the following

 

1) Charging order on my house (No payments being made as not instructed to do so, and has been taken over by Marlin who are now asking me to make payments)

2) CCJ for a different debt of which i am making payments

 

Apologies

[citizenB]

Ah right, I didnt realise you had two CCJs on the go Some advice/information for you below.

 

No need to do anything dx they have their security by way of the charging order (so in effect they have executed the judgment within the 6 yrs) There must be a judgment hence the substitution.

But it is possible they may attempt to execute further by way of an Attachment of Earnings/Third party debt order/SD/or even bankruptcy.

 

 

As they have notified the court "substitution of claimant notice" then it may be that they will attempt further action.

 

Also check with the court that the "substitution of claimant notice" is legit.

[pbaron]

Yep was a complete idiot when i was younger but over the worst now..Just got the 2 problems but trying to get straight especially now got a 23 month old little girl

 

Going to ring the court tomorrow to check its still valid and legal and then go and see Citizens Advice Buruea:sad:

[pbaron]

we are trying to get our finances sorted out for the future

and looking to fully understand my position with becoming debt free,

and I'm constantly worried about the charging order being on my property with 2 little ones

 

i'm always concerned about them trying to force the sale of my house so

 

Recap

1) I defaulted with a loan with Northern Rock on (or NRAM) who then secured a charging order on my home on the 13/3/2007. Just over £14k

 

2) The order was transferred to Marlin and then Mortimer Clarke Solicitors contacted me in Feb 2014 for payments.

 

3) We agreed a payment plan per month and ive been paying it every month since which so far ive paid circa £2k

 

I've not received a statement of account (which im thinking of asking for)

and just wondering what are the options of settling the order and getting it removed ?

Does it need to be paid in full etc

[dx100uk]

when it is paid in full it will be removed

 

however its worthy getting an sar off to nram

 

as they are refunding £1000's in mi ssold PPI and other insurances

 

same with any debts you have too

 

and the CCJ

 

reclaiming can make lots of money

 

dx

[pbaron]

Cheers for that will get one sent off

[pbaron]

forgot to ask as there are 2 account numbers with NRAM can i request information on both accounts under the one SAR ?

[dx100uk]

its per person not accounts

everything they hold on YOU.

not limited to account no's

[citizenB]

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/charging-orders/

 

some information in respect of charging orders.

 

Do you know if there is any interest being added to the judgment debt which the CO secures ?

[pbaron]

Morning all

 

I have been paying an agreed payment to Marlin/Mortimer Clarke solicitors for a charging order which they took over from Northern Rock.

 

 

I have never received a statement of account my question is how do i request one ?

 

Is it a simple letter requesting a statement or is there more depth required ?

 

thanks

[dx100uk]

you wont get any by default

 

 

yes you have to request them.

 

 

whats the debt all about?

 

 

dx

[dx100uk]

old and new threads merged

 

 

so did you ever get that SAR off to NRAM

and look at reclaiming??

 

 

dx

[Andyorch]

Morning all

 

I have been paying an agreed payment to Marlin/Mortimer Clarke solicitors for a charging order which they took over from Northern Rock.

 

 

I have never received a statement of account my question is how do i request one ?

 

Is it a simple letter requesting a statement or is there more depth required ?

 

thanks

 

For a Judgment (CCJ)..a charging order is only security of the judgment.

 

Andy