Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry... ;)

[shas]

Ok... I feel that this is gonna be a messy 1!

charging order dated 08/11/07 (Leicester cc) - mailed to cb for his perusal.

No credit agreement has emerged as yet... an unclear copy came in hfc's sar info.... it doesnt have the prescribed terms on it.
As at 15th July Marlin had contacted hfc for a copy... I requested a copy on 24/6/09...

hfc have been sar'd.....sar info received 28/08/09...info incomplete, letter requesting additional info wrote 29/8/09

Sar'd Marlins 25/7/09... received something strange from mortimer clarke 4/9/09.... photocopies of my original credit card statements dating from may 2006 to june 2008 & nothing else....

Letter sent to court for docs 18/08/09... had a bit of a palava & was given the runaround so....Sar leic cc 28/08/09...

I noticed that Marlins were posting defaults on my credit record & sent both them & MC an email kindly supplied by tools... I've received a letter from MC today asking me to forward them a copy of my credit report in order for them to investigate the matter further....

Also Marlins are showing my outstanding balance as £10941 whereas HFC are showing it as £8775...

Marlins have told my dmc that my o/s bal is £12334.81.... all of these balances are roughly at the same time & to explain this Marlins have told my dmc that they are charging interest on the account because it is now a secured debt via the charging order (which is showing on my credit record as a cc debt )....

Marlins were SAR'd on 25/7/09....

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Regarding my reply to Mortimer Clarkes request.... I dont have to send my whole credit report in do I? Im thinking just the info relating to marlins... or maybe even the info relating to both marlins & hfc & also ask them why the balances dont match whilst I am at it? Would that be ok? & Is there anything specific that I need to write in order to keep things within the email guideline ( Data Subject Notice under Section 10 of the Data Protection Act 1998 (c.29))???.....

[Curlyben]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Remember MC and Marlins tend to be one and the same..

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Remember MC and Marlins tend to be one and the same..

Yes, I can see them now.... opening the drawer where the headed paper is & randomly pulling out any sheet of it... just to try & confuse or scare people like me! LOL

[Tools]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Send an edited screenshot of your credit file that only shows debts relating to the accounts they are dealing with, if they want to view the rest they can make their own search of your credit file.

Mortimer Clarke ( as highlighted by the dispaches programme) ARE Marlins, as you say it is a frightener ploy, but we know that won't work don't we

Out of interest, whos name appeared on the correspondence you received?

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Send an edited screenshot of your credit file that only shows debts relating to the accounts they are dealing with, if they want to view the rest they can make their own search of your credit file.

Mortimer Clarke ( as highlighted by the dispaches programme) ARE Marlins, as you say it is a frightener ploy, but we know that won't work don't we

Out of interest, whos name appeared on the correspondence you received?

Phoenix recoveries (uk)ltd Sari -Potomac Recoveries... thats why I put Tom Dick & Harry in the subject header........ crazy people!

I owe hfc & thats it lol!

[Tools]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Then if the debt has not been legally assigned or bought by Marlins they have no business processing your data with the CRAs.

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Thats my thinking too.... hfc appear on my credit report too (& I dont owe it to 2 people...)... so Im assuming some of Curlybens 'jiggery pokery' is going on here

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

My dmc has just rang.... he has been trying to get Marlins to freeze the interest on this account (the interest that theyve only told my dmc about but not told me about directly) & theyve told him that it doesnt matter what he offers them.... there is no way they are going to freeze the interest on this account (despite the fact it means the debt will never be paid off & the interest will be a ridiculous amount...) because it is now a debt secured by a charging order on my home (it was a credit card with hfc).... they also said that provided I pay what I do, they wont apply for an attachment of earnings! (what? I dont work ).

The guy at the dmc has apologised that he hasn't been able to mange this debt & did suggest bankruptcy in a previous call (which I refused) & he doesn't know what else to suggest in order to gain control over it.... he's stumped basically! :-/

As this is late Friday afternoon, Im wondering if theyre TRYING to intimidate me into worrying about this 'interest' over the weekend & then I come up with the idea myself of paying them more £ each month in order to pay the debt off quicker.... I suppose they could be! What an outrageous tactic if they are!

Should I wait for the sar info to come through (sent 25/7) before querying this interest situation with them?......... Is there anything I should do at this moment in time? (apart from chill with a glass of wine)..............

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Another thought.... why are Marlins talking to my dmc? I have it in writing that the debt was transferred to Mortimer Clarke on the 23rd July 2009.

[Curlyben]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Another thought.... why are Marlins talking to my dmc? I have it in writing that the debt was transferred to Mortimer Clarke on the 23rd July 2009.

Psst look earlier about what we said about MC.
At the end of the day have Marlins actually demonstrated that they are the legal owners (absolute assignment under s136 LoP) ???

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Psst look earlier about what we said about MC.
At the end of the day have Marlins actually demonstrated that they are the legal owners (absolute assignment under s136 LoP) ???

Exactly.

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Oh no!

I have had a reply from Marlins (Denise McClean) saying that hfc sold my debt to phoenix recoveries on 20th May 2008 & Marlins became the servicing agents on 16/6/2008...
The rights of hfc bank were assigned to the new creditor including the rights to any defaults already in effect...& they will not be removing any information at this time...

The charging order is in hfc's name....

[Curlyben]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

So Marlins don't OWN this debt then, and until Pheonix supply the assignment paperwork, neither do they

[shas]

Re: Shas V Marlin, Mortimer Clarke, Phoenix, Tom, Dick, Harry...

Shall I email it to you cb?

& do we need to write to Phoenix....