MBNA Marlin and Charging Order

[Treowth]

I see from other posts that these two seem to team up quite often.

A quick bit of background...

I had a MBNA credit card which went into default in 2010 with a £9000 balance. Marriage had broken down and i was left with pretty must most of the credit to deal with. MBNA handed my account to Optima to deal with who immediately took it to court. CCJ awarded and they put a charging order on house.

Now this is where I get confused....

The mortgage is mine and my ex husbands name and he is entitled to 50% of proceeds if i sell...but I am not entirely sure if the judge should have granted a final charging order on the house seeing as the debt was solely in my name and not my ex husbands?

Last year this debt was sold on to Marlin who continue to take the amount set down by the judge in the CCJ but i do not now know who holds the charging order on the property.

Any thoughts ?

[wales01man]

Re: MBNA Marlin and Charging Order

The order is against you and your share of any equity should the house be sold

[Treowth]

Re: MBNA Marlin and Charging Order

Thank you.

I think it is just the wording on the paperwork 'final order' that made me wonder whether it applied to my ex too.

[FlamingParrot]

Re: MBNA Marlin and Charging Order

The mortgage is mine and my ex husbands name and he is entitled to 50% of proceeds if i sell...but I am not entirely sure if the judge should have granted a final charging order on the house seeing as the debt was solely in my name and not my ex husbands?

Last year this debt was sold on to Marlin who continue to take the amount set down by the judge in the CCJ but i do not now know who holds the charging order on the property.

Any thoughts ?

When the property is jointly owned but the debt is in a sole name (as is normally the case with credit cards), they can only record a restriction. You may want to look at this Land Registry Guide: http://www.landregistry.gov.uk/publi...blic-guide-23a

There is also a rather long thread on this subject on another forum: http://forums.moneysavingexpert.com/...1839539&page=1