Charging Order

[pete]

Hi quick question, I have 4 charging orders on my property origanally from Yorkshire Bank(2003), they have been sold on to Phoenix/Marlin Recoveries in 2008. Yorkshire bank told me no interest was accruing and still state the same Rang Marlin for settlement fiqure they told me they will back dated interest to start of CO, their explenation its in the charging order... Any help out there? Debts gone fron 21k to 34k!!!Got the Assignment notice from Yorkshire Bank no mention of interest.

[TUTTSI]

Re: Charging Order

You say you have the assignment notice, is this the true copy of the assignment and the sale of this debt and also you state that Yorkshire told you no interest being charged, do you have any confirmation of this in writing regarding this?

You also need to see a full statement to see where the increases are coming from?

Do you have a copy of the CO and can you post this up without your personal details together with the assignment notice.

Hi quick question, I have 4 charging orders on my property origanally from Yorkshire Bank(2003), they have been sold on to Phoenix/Marlin Recoveries in 2008. Yorkshire bank told me no interest was accruing and still state the same Rang Marlin for settlement fiqure they told me they will back dated interest to start of CO, their explenation its in the charging order... Any help out there? Debts gone fron 21k to 34k!!!Got the Assignment notice from Yorkshire Bank no mention of interest.

[pete]

Re: Charging Order

Hi, just attached three documents. In regard to I don't have written confirmation clearly stating it to my knowledge but have aqquired the SAR from them and there is is no mention. I have

[pete]

Re: Charging Order

Hi, had problem posting them last time, first time and all !!!

1: Assignment notice copy sent from Yorkshire Bank
2:CO
3:Fact sheet

[Angry Cat]

Re: Charging Order

Clearly, Marlin have just been appointed to administer the account/alleged debt.

Your argument appears to lay with Phoenix Recoveries (UK) Limited s.a.r.l...

[Angry Cat]

Re: Charging Order

[Quote: Phoenix Recoveries (UK) Limited Sarl. It is registered in Luxembourg, where Sarl is the equivalent of 'limited'.

So what is a debt collection company in Luxembourg doing, using a name clearly designed to give the impression it is British? And should it not be properly registered at Companies House?

Phoenix has stated: that its only place of business is in Luxembourg, so it need not register in the UK. However, it did give a British address to the Office of Fair Trading, which issued its debt collector's licence.[quote]

Thus, the debt has to be administered by another UK firm.

[pete]

Re: Charging Order

Informed the OFT about Phoenix registered address they told me it is OK as long as registered with the FSA

[Angry Cat]

Re: Charging Order

What a tangled web they weave...

[TUTTSI]

Re: Charging Order

Pete when you sent the SAR did you request the statement of account?

You said in your first post that Yorkshire said that no interest was accruing, have you any paperwork to back this up?

If you were to SAR Yorkshire Bank you would be able to request any information that your required such as the interest.

[pete]

Re: Charging Order

Thanks Tuttsi,
Got SAR in 2007 for bank charges in 2007(Yorkshire bank).
Did SAR in July 2010 but from Marlin Financial, got a bit of data with no CCA apparently not got one. On the paper work there is no mention of interest accruing anywhere.
I have rang the Yorkshire bank and asked them and their litigation depatment(Jeremy Sutcliffe) to provide written evidence to back up my case, still waiting!!!

[pete]

Re: Charging Order

Please find attached statement of account 08/09 as you can see no interest, when I asked for a settlement figure all of a sudden interest starts to appear(July 2010).

Quick question, if I pay outstanding balance without the interest will the CO be removed and if Phoenix want me to pay the interest they will have to go back to court?

[pete]

Re: Charging Order

Hi here they are;

[Curlyben]

Re: Charging Order

Sounds like Marlin are pulling their usual stunt of adding stat 8% interest.

Just out of interest what debts do these CO's relate to ?

[pete]

Re: Charging Order

All debts covered by CCA, credit card, bank account and loan.

[Curlyben]

Re: Charging Order

Weeeee, I hoped you'd say that.
Well the application of post judgement interest is NOT allowed.

Further discussion on just this issue here: Legal Beagles Consumer Forum