Charging Order

[pete]

Re: Charging Order

I thought that, but seems a bit of a Grey area.
If stated in CO apparently they can??
Don't know the ins and outs, keep on getting conflicting stories. Has there been a case ie First National in 2002 where post judgement was applied to a CO.

[paulb2905]

Re: Charging Order

Forgive me for being "pinnickity" and i dont know if it makes any difference whatsoever but;

Assignor: Pheonix Recoveries
Assignee: Yorks Bank

We give you notice that the above named Assignee (Yorks bank) has acquired from the above named Assignor (Pheonix) all of the rights on, to and under your above detailed account.

This reads to me that Pheonix were the Assignor and that Yorks bank, Assignee, now "own" the debt???

Is this correct? Perhaps the debt had already been sold to Pheonix previously and Yorks bank are now buying it back?? Perhaps a toxic debt dodge or evidence of tax fraud (write off bad debts for tax break, and then purchase it back as an asset?)

OR perhaps Pheonix sold the debt with costs and such added back to Yorks bank, shows Pheonix a profit on the debt and allows Yorks Bank to have an increased asset??

All seems very odd!!!

[pete]

Re: Charging Order

Pheonix bought debt from Yorkshire bank(2008)

[diddydicky]

Re: Charging Order

i think they can charge interest for the period between the ccj and the full CO being obtained either at 8% or contractually- whichever applies

[paulb2905]

Re: Charging Order

Pete, that isnt what that Notice of Assignment says, read it again.

Dont you find it very odd also that a NOA on Yorks Bank Headed Paper is "signed" by Marlin??

[pete]

Re: Charging Order

Must admit seems a bit odd, never noticed before, I think Marlin financial, Mortimer Clark Solicitors & Pheonix are really the same lot under a different name.

[paulb2905]

Re: Charging Order

Perhaps usefull from OTR

On looking through this site and many other Consumers targeted forums we have noticed a trend when Marlin Financial Services Ltd is the topic of discussion. They are, somehow, linked to the following companies:

Tessera Group Plc
Phoenix Recoveries (UK) limited S.A.R.L
Marlin Financial Services Ltd

The trend is their attitude towards the debtor is appalling, the do not put any of their requests in writing, they use underhand techniques to pressurise for payments such as lying about legal protocol and rights.

We wonder if anybody else has experienced the “Marlin” treatment.


If are enough people we could all consider complaining to the relevant people on mass!! (We just have started our complaints process) useful addresses supplied below.

Tessera Group Plc
11th Floor
Maitland House
Warrior Square
Southend-on-Sea
Essex SS1 2JS

Phoenix Recoveries (UK) limited S.A.R.L
Phoenix House,
C A M Client Queries
Unit 16, Boundary Business Centre
Boundary Way
Woking
Surrey
GU21 5Dh

Mr D Page – CONTACT FOR CSA COMPLAINTS
Marlin Financial Services Ltd
2 The Courtyard
Beeding Court
Shoreham Road
Steyning
West Sussex
BN44 3BJ

Credit Services Association
Wingrove House
2nd Floor East
Ponteland Rd
Newcastle Upon Tyne
NE5 3AJ

HSBC plc
Debt Recovery Services
12 Calthorpe Road
Edgbaston
Birmingham
B15 1QZ

Enquiries Unit
Office of Fair Trading
Fleetbank House
2-6 Salisbury Square
London
EC4Y 8JX.

PB
14/12/2010 20:46:23

Phoenix Recoveries (UK) has an accommodation address in the UK and has never traded here. Its current status at Companies House is"about to be struck off the Register" since it has never filed accounts with Companies House. If it is struck off its licence will be revoked. The real company is Phoenix Recoveries (UK) Ltd SARL - a company registered in Luxembourg with no licence to trade as a debt collection agency in the UK. Both are associated with Tessera, Fenton Cooper and Rockwell, all trading names of Tessera which trade debts between each other to reduce Corporation Tax. They are very ... moregood at hitting people with debts that are time-barred and offering to settle debts for half price since they are well aware that they have no chance of taking court action. They are also very good at buying up old debts and then sending letters and threats to anyone in the electoral register with a name similar to the real debtor. Any approach should be resisted strongly with the usual request for agreement and statement of account and a request to desist from telephone contact with communication only in writing. When you write it is a good idea not to include a signiature that can be scanned and then put on a false agreement. It is a good idea as well to point out that the debt is not acknowledged at this point until evidence is produced. If they have threatened a visit (for which they will charge you), point out that a visit is only allowed with an appointment and that you are not prepared to give them an appointment. You can go further than this an, in writing, revoke their rights under Common Law to make an unsolicited visit to your premises. The bottom line is that these guys are at the bottom of the food chain as far as debt collection is concerned. As a friend of mine once observed - if you have to drink blood to live then you are not very far up the chain of evolution. If you get hit by these guys then they have bought the debt on after others have abandoned it

[paulb2905]

Re: Charging Order

Ok sorry to throw all that info at you in the above post.

I have searched public register for a credit licence (Public Register
) for Tessara, Pheonix and Marlin - cant find one!!!

Also worth checking companies house for the above - nothing for Pheonix there, havent checked the others.

Trading without a licensing arrangement is a criminal offence and can result in a fine and/or imprisonment.

Sorry this just gets "dodgier" the more i look at it.

That "NOA" from 2008 is wrong, honestly, on Yorks Bank "Headed" paper, notifying you of the sale of the debt FROM Pheonix TO Yorks Bank and "administered" by Marlin.

No address for Pheonix, no address from Marlin and no ACTUAL "person" signing the NOA.

I would contact the OFT directly, by phone and check for Consumer Credit Licences for Pheonix/Marlin.

IF YORKS BANK have infact sold the debt to them (it is implied that this happened PRIOR to 2008 by the NOA you have which states that Yorks Bank have now purchased it back) then it may be that they are not entitled to any recovery action whatsoever and indeed may be operating Illegally and Criminally and even may now be stuck with a debt that that are not legally allowed to sell on to any one.

As this isnt a "pressing matter" from the standpoint of HAVING to sort it out (the CO will stay there) I hope you do decide to follow this up, it may eventually save you £1500 and give you the satisfaction of "bloodying" the nose of a disreputable and shady company.

I would certainly insist that the NOA is "FRAUD" as im sure that Yorks bank would deny ever allowing another company to write to you using their headed paper on it.........

[Angry Cat]

Re: Charging Order

[quote=Angry Cat;198024][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.

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

If, it were me. I would look at the Yorkshire Bank; charge off date.

I would also, SAR Phoenix Recoveries!

You will not obtain very much from Marlin; the middle man, so to speak.

[pete]

Re: Charging Order

Hi Paul thanks for input, contacted OFT they told me everything is Ok.
This is the company thats dealing with it now for Phoenix/Marrlin;
Mortiomer Clarke Solicitors
3rd Floor 16-22 Grafton Rd,
Worthing West Sussex
BN11 1QP
Supposedly firm of solicitors, found out in same building as Marlin and only has two solicitors so really DCA

[pete]

Re: Charging Order

Thanks Angry Cat, I think I will give OFT a ring tommorow, but they don't seem that interested and their last words was contact a solicitor when I rang last week.

[Angry Cat]

Re: Charging Order

Thanks Angry Cat, I think I will give OFT a ring tommorow, but they don't seem that interested and their last words was contact a solicitor when I rang last week.

I doubt, that the OFT will do much as clearly Marlin are the: 'third party'.

If, I were you, I would follow the OFT's advice.
But would also, gather as much information as possible via: SAR's.:beagle:

[Angry Cat]

Re: Charging Order

Please, check to see if you can get legal aid:
http://www.communitylegaladvice.org.uk/en/legalaid/

If you are eligible, you may get legal advice and assistance. Especially if you are in danger of losing your home.

[paulb2905]

Re: Charging Order

Mortimer Clarke Solicitors Limited


Postal Address:
2 The Courtyard
Shoreham Road
Steyning
West Sussex
BN44 3BJ
England
DX Address:
DX86002
STEYNING
Tel: 0845 3709280
Fax: 01903 817909
Email: info@mortimerclarke.co.uk
Web Site: www.mortimerclarke.co.uk


Checked the Public Register for Mortimer Clarke they also dont have a CCL so how is it "ok"?

In the United Kingdom third party collection agencies that pursue debts regulated by the Consumer Credit Act must themselves hold a Consumer Credit Licence; this is a requirement under the Consumer Credit Act 1974. Licences are issued and regulated by the Office of Fair Trading a government body which protects consumers from unscrupulous traders. In order to retain their licence third party agencies must work within the framework outlined within the 2003 fair debt collection guidance - Collection agency - Wikipedia, the free encyclopedia

[pete]

Re: Charging Order

This could be the licence they are using; (Phoenix)



Application / Licence Details




Licence Number:0602750
Licence Status:Current

Current Applicant / Licensee:

Business NameCompany Registration NumberCredit Account Management Limited05811099

Categories:

Consumer credit Consumer hire Credit brokerage Credit reference agency Debt adjusting/counselling Debt collecting

Right To Canvass Off Trade Premises:No


Issued Date: 05-Sep-2007
Expiry Date: 05-Sep-2012


Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

NamePositionPaul William ButlerOfficerSimon Ray JonesOfficer

Nature of Business:

Credit Brokers

Current Address(es):

Address TypeAddressCorrespondencePersimmon House, De Havilland Drive, Brooklands Business Park, WEYBRIDGE, Surrey, KT13 0NT, United KingdomPrincipal Place Of BusinessUnit 16, Boundary Business Park, Woking, Surrey, GU21 5DH, United KingdomRegistered Office52, New Town, UCKFIELD, East Sussex, TN22 5DE, United Kingdom