marlin financial services

[minsterman]

I had charging order put on my property in 2005 by first response finance and they imediatly STOPPED all interest been added to the dept of £7k. An entry was then put into the land registry under the name of first response finance.
They sold on the dept to MARLIN FINANCIAL SERVICES (who are a nightmare to deal with)
I sold the property in 2008 and to my horror MARLIN had added interest of £2400 to the dept which was protected by the CCA
2 years later MARLIN have told me they are within the law to add interest to the dept as there was a charging order on it and was no longer protected by the CCA.
The entry on the land registry documents were never changed to MARLIN and remained in First Response Finances favour but the money was payed to MARLIN.
If anyone could advise me that they can or cannot act this way and add interest I would be very gratfull Cheers!

[enaid]

Re: marlin financial services

Maybe this can help you


If a creditor has taken the debt to the county court, they may be able to add extra interest once a charging order is made. Interest cannot be added if:

• the debt is for an agreement regulated by the Consumer Credit Act. This includes most ordinary credit agreements, including bank overdrafts.

or

• the debt is less than £5,000 in total, even if it is not covered by the Consumer Credit Act.
• If the debt is more than £5,000 and not covered by the Consumer Credit Act, then interest is set by the court and runs at a standard rate.

http://www.insolvencyhelpline.co.uk/...unty_court.php

[minsterman]

Re: marlin financial services

Thanks for your help,i have quoted this to marlin many times over the last couple of years but they still insisted that they are within thier rights to add interest even though the origenal debt was protected by CCA .They have sent me thier final response and will not enter into any further communication.
I am now at a loss, I do not know what to do now the FOS will not help either !

[enaid]

Re: marlin financial services

Have a read of the section 'Paying off a Charging Order', also do you have the paperwork from the court that will stae what the j
Judge said about interest and only he can decide if it can or can not be added, according to the info here.

[Curlyben]

Re: marlin financial services

It also depends on the actual judgement behind the original CCJ.
Do you remember if interest was stopped at this point.

If so Marlin can take a long walk.....

Oh yeah, STOP talking to them on the phone, EVERYTHING in writing.