MBNA/Marlin

[Sparkie1723]

A friend of mine who does not like publicity or anything like that knows I'm a member of L/B and what I'm fighting asked me to give him some advice on an issue I haven’t a clue about, I said I would ask more knowledgeable people but I couldn’t really say anything myself.

From what he says, His wife had an MBNA credit card and defaulted on it because she couldn’t keep up the payments ….cutting the story short MBNA got an interim Charging Order in 2009 and registered it with the Land registry, now he says Marlin are chasing his wife to make offers of payments to them now because MBNA sold the debt to Marlin ………Now I don’t think MBNA could do that …they can’t sell a debt with a Charging Order on his wife’s half of their joint owned property or can they??

Her credit file shows that the MBNA entry has been settled because Marlin have bought it and Marlin have entered a new entry for the Debt on her Credit File……surely that’s wrong. The Interim Charging Order is still in MBNA’s name. Can she get the charging Order removed ?? or what else can be done about it?
Any advice that I could pass on to him would be appreciated .....he's a real nice shy fella wouldn't hurt a fly???

Sparkie

[Angry Cat]

Re: MBNA/Marlin

Marlin are the pits...similar to the Leeds Losers!

If, Marlin are the Data Controller of the alleged debt, then they have bought it;
MBNA would have charged off the debt and it would have gone into the toxic debt bucket limbo and eventually was bought by some debt buying DCA;in this case Marlin Financial.

I would suggest that your friend checks on the Land Registry site, in order to ascertain who the charging order is registered with?

If, there has been a change in the name on the charging order, the Land Registry would have had to have advised your friend(s).

One thing that should be born in mind is, when DCA firms buy debts, they buy job lots on CD Roms; some good ,some bad (unenforceable). They are given very limited information and it may well be that they are not aware of the charging order!

Never speak to Marlin on the phone, they employ phone jockeys with limited intelligence (under-statement) who desperately try to collect on dead donkey and stat. barred debts...

Incidentally was there any PPI on the Card?

[Sparkie1723]

Re: MBNA/Marlin

Marlin are the pits...similar to the Leeds Losers!

If, Marlin are the Data Controller of the alleged debt, then they have bought it;
MBNA would have charged off the debt and it would have gone into the toxic debt bucket limbo and eventually was bought by some debt buying DCA;in this case Marlin Financial.

I would suggest that your friend checks on the Land Registry site, in order to ascertain who the charging order is registered with?

If, there has been a change in the name on the charging order, the Land Registry would have had to have advised your friend(s).

One thing that should be born in mind is, when DCA firms buy debts, they buy job lots on CD Roms; some good ,some bad (unenforceable). They are given very limited information and it may well be that they are not aware of the charging order!

Never speak to Marlin on the phone, they employ phone jockeys with limited intelligence (under-statement) who desperately try to collect on dead donkey and stat. barred debts...

Incidentally was there any PPI on the Card?

Hi Angry Cat,
Good for you to comment............the Land Registry Charge is in MBNA's name..............there is no PPI on the agreement.
It was Restons solicitors who wrote to the wife and said they represent Marlin and had been instructed to contact her and ask for proposals to pay the debt.
That' s about all I know for now.........I've told him not to talk to anyone and not to write back to Restons .......do nothing....and wait and see what happens.

Sparkie,

[Angry Cat]

Re: MBNA/Marlin

Hi Angry Cat,
Good for you to comment............the Land Registry Charge is in MBNA's name..............there is no PPI on the agreement.
It was Restons solicitors who wrote to the wife and said they represent Marlin and had been instructed to contact her and ask for proposals to pay the debt.
That' s about all I know for now.........I've told him not to talk to anyone and not to write back to Restons .......do nothing....and wait and see what happens.

Sparkie,

No Prob. Sparkie.

Marlin, are chancers and pretty much the dregs of the DCA cesspit barrel.

Agree, probably best to just wait and see?!

AC
X

[FlamingParrot]

Re: MBNA/Marlin

A friend of mine who does not like publicity or anything like that knows I'm a member of L/B and what I'm fighting asked me to give him some advice on an issue I haven’t a clue about, I said I would ask more knowledgeable people but I couldn’t really say anything myself.

From what he says, His wife had an MBNA credit card and defaulted on it because she couldn’t keep up the payments ….cutting the story short MBNA got an interim Charging Order in 2009 and registered it with the Land registry, now he says Marlin are chasing his wife to make offers of payments to them now because MBNA sold the debt to Marlin ………Now I don’t think MBNA could do that …they can’t sell a debt with a Charging Order on his wife’s half of their joint owned property or can they??

Her credit file shows that the MBNA entry has been settled because Marlin have bought it and Marlin have entered a new entry for the Debt on her Credit File……surely that’s wrong. The Interim Charging Order is still in MBNA’s name. Can she get the charging Order removed ?? or what else can be done about it?
Any advice that I could pass on to him would be appreciated .....he's a real nice shy fella wouldn't hurt a fly???

Sparkie

You mention an INTERIM charging order which has been in place since 2009, did MBNA not apply to the court for a final charging order? Because that's really just the preliminary stage in order to get a final CO: http://www.adviceguide.org.uk/wales/...ing_orders.htm

An interim charging order does not mean that a charging order has been made against you. There will need to be another hearing for a charging order to be made final and you will still have an opportunity to argue against it.

If the property is jointly owned, they can only record a restriction rather than a full CO. Has your wife's friend not been making payments into her CCJ? What was agreed with the court at the time the CCJ was obtained? I know of someone who had a CO and Marlin wrote stating their intention to apply for an Order for Sale :scared: due to no payments being made. Although Orders for Sale are hardly ever granted, there are a few things here that would need clarification. :noidea:

[Sparkie1723]

Re: MBNA/Marlin

I only know basic facts .but the property is jointly owned.

Sparkie