10yr old CCJ debt ... Marlin threatening to go back to court

[Jane1]

Hi everyone thanks for allowing me to join your forum . I am trying to help a young man who is in a desperate situation . A bit of history , he lost his house through repossession as he had a breakdown and was unable to work he was drinking trying to self medicate . He thinks he took a loan out from Northern Rock to try to keep his head above water but eventually it all became too much . He became homeless sleeping at friends etc drinking trying to forget his problems . Update ...he got help for his problems and has lived in his rented home for a few years now and works hard (self employed) at paying all his bills on time , his credit record doesn’t show any defaults or ccj s .... he has received a letter from a solicitor saying that their client was granted a CCJ in 2009 and they are going to court to ask for a financial statement to decide what the next step is in getting their money ..... he has become agitated and is worrying a lot about this ... the letter is from Mortimer Clarke solicitors and says Marlin V Europe Limited versus ???. . on it ... any advice for me to help him would be very much appreciated.

[Amethyst]

First thing to do is try to obtain details of the judgment and claim that led to it.

It is well over 6 years old. They will have to explain to the court why they have not attempted to enforce the judgment before now. They fall foul of the limitations act sect 24 ( http://www.legislation.gov.uk/ukpga/1980/58/section/24 )

Has he said how much this is for ? and he thinks it might be the Northern Rock loan ? Does he think it was secured on his house that was reposessed ? ( if so we should look at whether it was paid from the charge at the time )

Is it Marlin Europe V Limited or Marlin V Europe Limited ? ( just to double check as Marlin Europe V didn't get incorporated until 2012 and I can't find a Marlin V Europe Limited ( on a quick look ). So they'll likely have to apply to change the judgment holder to Cabot as well.

2013 - http://www.n-ram.co.uk/loans/sale-of-personal-loans/marlin-financial-group-ltd-transfer-faqs
so if it was a judgment from Northern Rock it would have to be transferred and assigned to Marlin first, then Cabot presumably now. Have Mortimer actually said who they are acting for ( who their client is ? )

We should reply to them asking for a copy of the judgment and claim etc anyway.

[Jane1]

Hello Amethyst thank you for your reply , this is the letter that’s been sent , also there was a letter before that saying he could pay a reduced amount valid till 23rd (only 21st now ) seems a bit strange to then get a letter for the full amount ? I am not very savvy on court process etc , I am willing to help this young man with some advice as he hasn’t got any family he can turn to , so any help is appreciated ... the amount was for £9000 and he thinks it was secured to the house .
thank you

[Jane1]

[Jane1]

[Amethyst]

Okay thank you.

Well Marlin Europe V Limited couldn't have obtained a Judgment against your friend in 2009 as they were only Incorporated on 19 October 2012.

They're only saying they are going to apply to the court for an attachment of earnings order. So nothing major to worry about.

But I think he should respond....as this is so old. In the bits you have redacted does it have a claim number or say who the original debt was with etc ? or is it literally just your friends details you have crossed out?


Soooo something along the lines of



Dear Mortimer Clarke Solicitors,

Your reference: xxxxxxxxxxxxxxxx

Thank you for your letter dated xxxxx 2019 in which you state your client has instructed you to apply to the court for an attachment of earnings order to enforce an alleged Judgment debt where the Judgment was obtained in 2009 by Marlin Europe V Limited.

I am not aware of any such judgment, or the terms of such I am alleged to have breached, and I am sure you will understand that I am unable to make any arrangements to pay the judgment without having had sight of such. To that end I would be grateful if you could provide me with a copy of the original claim and judgment order. ( he could give court a call IF there is a claim ref on the letter and ask them about it - then if they don't have any info he can say " I have asked the court but they have informed me that they hold no information relating to the claim reference you have provided " )

As the judgment is alleged to have been obtained in 2009 I believe your client is acting contrary to the Limitations Act 1980 section 24 in that the time limit for enforcing such a judgment expired in 2015.

I am also confused slightly that your client does not appear to have been incorporated until October 2012, 3 years after the date you allege the judgment was awarded to them. I'd appreciate clarification on this.

Of course, after 10 years there is no entry in the register of judgments nor on my credit file relating to the alleged judgment or indeed, the original debt on which it is based, so I'd appreciate it if you could send me as much information as you are able to so that I may consider my position.

Should your client decide to proceed to apply to the court for an attachment of earnings on the judgment, I am sure you will appreciate the court will be requiring the information about the original judgment in order to enforce, and should they make such application before providing the same to me I shall contest such application.

I look forward to hearing from you.

Kind regards

[Jane1]

Okay thank you.

Well Marlin Europe V Limited couldn't have obtained a Judgment against your friend in 2009 as they were only Incorporated on 19 October 2012.

They're only saying they are going to apply to the court for an attachment of earnings order. So nothing major to worry about.

But I think he should respond....as this is so old. In the bits you have redacted does it have a claim number or say who the original debt was with etc ? or is it literally just your friends details you have crossed out?


Soooo something along the lines of



Dear Mortimer Clarke Solicitors,

Your reference: xxxxxxxxxxxxxxxx

Thank you for your letter dated xxxxx 2019 in which you state your client has instructed you to apply to the court for an attachment of earnings order to enforce an alleged Judgment debt where the Judgment was obtained in 2009 by Marlin Europe V Limited.

I am not aware of any such judgment, or the terms of such I am alleged to have breached, and I am sure you will understand that I am unable to make any arrangements to pay the judgment without having had sight of such. To that end I would be grateful if you could provide me with a copy of the original claim and judgment order. ( he could give court a call IF there is a claim ref on the letter and ask them about it - then if they don't have any info he can say " I have asked the court but they have informed me that they hold no information relating to the claim reference you have provided " )

As the judgment is alleged to have been obtained in 2009 I believe your client is acting contrary to the Limitations Act 1980 section 24 in that the time limit for enforcing such a judgment expired in 2015.

I am also confused slightly that your client does not appear to have been incorporated until October 2012, 3 years after the date you allege the judgment was awarded to them. I'd appreciate clarification on this.

Of course, after 10 years there is no entry in the register of judgments nor on my credit file relating to the alleged judgment or indeed, the original debt on which it is based, so I'd appreciate it if you could send me as much information as you are able to so that I may consider my position.

Should your client decide to proceed to apply to the court for an attachment of earnings on the judgment, I am sure you will appreciate the court will be requiring the information about the original judgment in order to enforce, and should they make such application before providing the same to me I shall contest such application.

I look forward to hearing from you.

Kind regards

This is the first letter , same ref number and same amount only with a discount showing on it ...

[Jane1]

[Jane1]

[Jane1]

Sorry trying to post other letter but not succeeding not very computer savvy either lol ... anyways it’s northern rock on first letter with same reference number ...on your letter to send back to them you say to call the court re CCJ but what court ?

[ostell]

Post on a photo hosting site such as imgur and link to the image on here

[Jane1]

[Amethyst]

Sorry trying to post other letter but not succeeding not very computer savvy either lol ... anyways it’s northern rock on first letter with same reference number ...on your letter to send back to them you say to call the court re CCJ but what court ?

Normally best to start with Northampton County Court Business Centre as that's where most of the claims were issued.
https://courttribunalfinder.service....520.1570100608

[Amethyst]

Okay so definitely the Northern Rock loan. Do you ( does he ) know if it was a secured loan and if so what happened to it in the house repossession ?

Might be worth a SAR to NRAM to find out the details of that - Subject Access Request Letter

And how much approx. is it for ? ( is it over £10k? )

[Jane1]

Okay so definitely the Northern Rock loan. Do you ( does he ) know if it was a secured loan and if so what happened to it in the house repossession ?

Might be worth a SAR to NRAM to find out the details of that - Subject Access Request Letter

And how much approx. is it for ? ( is it over £10k? )

He says he thinks it was a secured loan for 10k but the balance due on the letter is 9k .... he said he doesn’t know what happened to the house sale I.e what the building society sold it for or who was paid what ? He was in a seriously depressed state by then and unaware of anything