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I need some guidance on what to do about a problem of my own making....

 

Due to naivity/stupidity I advised Clydesdale Bank in 2003 that my Credit Card that due to being made redundant I couldn't meet my monthly repayments and could an agreement be reached, well it got passed to Jeremy Sutcliffe and I ended up on 16th August 2006 with a Final Charging Order against my property.

 

On 17th April 2008 I received a Notice of Assignment from Clydesdale Bank to Pheonix Recoveries (UK) Ltd S.a.r.l which would be serviced through Marlin Financial Services. This letter was on Clydesdale Bank headed paper but I noticed recently that it was signed by Marlin Financial Services!

 

On 12th May 2008 I receieved a NoA from Marlin stating that the amount outstanding as at the date of sale 25th March 2008 the debt was £8122.21.

 

It then took a further 6 months to negotiate an agreement with them and when I thought I had an agreement the file was passed to Mortimer Clarke. In June 2008 we finally agreed a concessionary arrangement.

 

On 2nd July 2010 I received a letter from Mortimer Clarke saying that the concessionary arrangement had now expired and the balance was now £7022.21, I phoned then and agreed another 12 months arrangement at £65 p.m. against £50 p.m. which I could now afford.

 

On 24th August 2010 I received another letter from Mortimer Clarke offering me a fantastic opportunity to clear the debt at a substantal discount. They also stated that the amount owed was now £9122.06 due to the 8% interest. This was the first time anyone had mentioned interest.

 

I called Mortimer Clarke and spoke to Matt who in response to my question on the balance came back with the figure of £6907.06 which was in line with my records. I asked hime why was this different from the letter to which he put me on hold and came back 5 minutes later saying that that figure was wrong because it didn't include interest and the fugure was £9513.54 which was accurate that morning. I asked why it had gone up £391.48 in 7 days ....he hung up. I called back and spoke to Holly who gave me the same figures and put the figure in the letter down as an error. I requested a breakdown of my account but suprise suprise I have received ZILCH.

 

I know I have the debt, but I have a couple of points which are raising red flags:

  1. Is a charging order tranferable along with the debt?
  2. Can interest be charged by Marlin despite no credit agreement being in place with Marlin/Mortimer Clarke?
  3. How do I get a breakdown from Mortimer Clarke?

If anyone can help me ask for the right things I would be very grateful, likewise if anyone can show me a way forward with these schiesters.

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