Marlin capital charging order

[infiniti]

Hi,
I recently noticed i had a interim charging order on my property from Marlin capital.
I havnt been at the premises for over 6 years so I never recieved any correspondence about his.
i submitted a N244 to have this charge set aside as I know nothing about it.
Today i received a letter from Kings Lynn County Court to tell me the matter has been moved to Slough County Court for a Charging Order hearing no date).
Any advice on how to deal with this matter now?

[Diana M]

Re: Marlin capital charging order

I recently noticed i had a interim charging order on my property from Marlin capital.
I havnt been at the premises for over 6 years so I never recieved any correspondence about his.
i submitted a N244 to have this charge set aside as I know nothing about it.
Today i received a letter from Kings Lynn County Court to tell me the matter has been moved to Slough County Court for a Charging Order hearing no date).
Any advice on how to deal with this matter now?

From what you say your N244 application has prompted the hearing.

If you didn't know you had a Charging Order does this mean you also didn't know you had the CCJ which is being secured by it?

Do you remember having any dealings with Marlin in the past. It could be they bought a debt and then issued a summons not knowing of your change of address, but they should have checked first.

How long ago was this?

Di

[infiniti]

Re: Marlin capital charging order

I dont remember having any dealings with Marlin, they must have bought the debt of someone, it may be Egg looking at some oft the other posts. But that would have been over 6 years ago. I did not live at the property for this time and maybe they sent letters their but they would have been returned to sender.
what would be the best cause of action. I want to get this charge removed, my parents have an equitable charge after the mortage company for the equity in the property.

[Diana M]

Re: Marlin capital charging order

I dont remember having any dealings with Marlin, they must have bought the debt of someone, it may be Egg looking at some oft the other posts. But that would have been over 6 years ago. I did not live at the property for this time and maybe they sent letters their but they would have been returned to sender.
what would be the best cause of action. I want to get this charge removed, my parents have an equitable charge after the mortage company for the equity in the property.

If your parents have a charge on the property after the mortgage company then that would be a second charge, which means Marlin's charge would be a third charge so your parents' charge is in front of them. They're added in date order.

What makes you think it was an Egg account? Did you have an account with Egg when you were at that address and did you give them your change of address when you moved out? Would they have known you'd moved out if they'd checked the electoral roll or your CRA file (if you gave other creditors your change of address so that would show as a link on the CRA).

If you want to get that Marlin charge removed you will have to first get the CCJ set aside. If there's no CCJ there can be no CO, because the charge is to secure the CCJ.

You need to contact the court to get a copy of the original claim form with the date of issue and the date of what appears to have been a Default Judgment (if you didn't respond to the claim).

Then you will need to prove two things in order to get that CCJ set aside. Firstly that you were not living at that address at the time and the creditor could have known that. And secondly that if you had the opportunity to defend that claim you would have a reasonable chance of success.

Di

[charitynjw]

Re: Marlin capital charging order

You could start by doing a search via Trust Online.
http://www.trustonline.org.uk/search-yourself

[infiniti]

Re: Marlin capital charging order

I did have an egg card, Egg were given forwarding address. Im not sure who else it could be.
Should i contact Marlin and ask them for details or leave it with the court. If it was for egg or for a product I had.
am i right in saying i cannot et the charge removed without paying the debt.

[Diana M]

Re: Marlin capital charging order

I did have an egg card, Egg were given forwarding address. Im not sure who else it could be.
Should i contact Marlin and ask them for details or leave it with the court. If it was for egg or for a product I had.
am i right in saying i cannot et the charge removed without paying the debt.

I think the first thing you should do is what Charity suggested which is a search (at your old address) using Trust Online. You should be able to see the amount currently owed (unless interest has been added since it was registered) and the claim reference number and which county court etc.

You then contact that court to get a copy of the Claim issued and the Judgment.

You need to see the Particulars of Claim to assess whether it would have been a claim you could have won if you had defended it at the time.

Slough County Court has written to tell you that they have had the application you made transferred to them for listing. I would expect the next thing you'll hear is a notice of the hearing date and Directions from the court which will tell you what you have to do and when you have to do it by. This will include filing Witness Statements.

In the meantime you will need to decide whether you have a chance to get the CCJ set aside (once you have all background information). If you then go ahead with a set-aside application you should apply for an adjournment of the CO hearing while the set aside is determined.

The logic behind that is if there is no CCJ then there can be no CO. So the court will need to know about the set aside first.

However, I have no idea what your N244 application said/requested so maybe you can tell us a bit more about that.

Di

[infiniti]

Re: Marlin capital charging order

Thank you both,
The 224 was to set aside the charging order as i did not reciev ethe original paperwork from Marlin or the court and so I believe
i do not owe Marlin any money.

[Diana M]

Re: Marlin capital charging order

The 224 was to set aside the charging order as i did not reciev ethe original paperwork from Marlin or the court and so I believe
i do not owe Marlin any money.

Maybe your application should have also asked for the Interim Charging Order to be dismissed?

If the Full CO is set-aside (because you didn't get notification of the hearing etc) then that still leaves the Interim CO which can be registered without the need for a hearing.

You don't owe Marlin money because of the CO, you owe them money because of the CCJ which says you do.

The only way you won't owe Marlin any money is if the CCJ is set aside and you subsequently win that claim. After a successful set aside the claim goes back to square one with you filing a Defence.

Di