you need to be careful here.
Regulated agreements usually do not usually have any terms which state that they are able to claim interest after judgment only about 0.5% of them do (1st national and paragon are two names that do mind you). i would argue that they should not be able to claim this without proving it in the original signed agreement. if you've still not received the agreement you should certainly consider defending this claim.
who was the original creditor?
did you request a copy of the deed of assignment from them?
Quote:
Originally Posted by redgirl  Hi
Further to my other postings about our dealings with Asset Link, I was just looking at the Particulars of Claim section on the forms. It says....
"The defendants are indebted to the claimant under the terms of a credit agreement dated 28/5/2004, and assigned to the claimant.
The agreement is regulated by the Consumer Credit Act 1974. The agreement provided that interest would be payable before and after judgement. The right to proceed for subsequent interest is reserved. Default occurred in payment and the loan was called in under s87."
I sent the CCA request to them by Special Delivery over two weeks ago - nothing back, apart from this.
When it says ASSIGNED TO THE CLAIMANT, does this mean that they actually own the debt.
Do you think that given the fact that they have had this sent to us they are trying it on cause the have not produced the CCA?
Thanks |
County Court Claim form - Help 
