Asset Link/First National Court claim

[semyaza]

As suggested here is my new post:

I'll try and summarise as best I can.

Back in April I had a court claim from Asset Link/First National for a loan I took in 2002. I got into financial difficulty and my bank (First Direct) and all my direct debits got cancelled.

I left it for 4 months. At which point I could First National and offered them £100 to back date my payments and restart my direct debit to which they said they can't as they have sold the debt on. I left it again and I remortgaged to pay off my debts and get credit cards at a comfortable level.

At this point I thought all was fine and life would go on. However back in April I got a court claim form from Asset Link. I simply answered that I will defend it on the basis I had never heard of them. After that I got a letter saying it was for a loan with First National, all the details were correct at which point my heart sank. I did get calling cards saying 'CAll so and so' with a number but I just assumed it was spam mailings.

At this point I had already filed my defense as I thought it was fraud. I then got a court date and then I sent off a CCA and S.A.R - (Subject Access Request) request. I sent the following 5th June.

As I do not acknowledge this debt to the above account, I would be grateful if you would send me a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. I understand that under the Consumer Credit Act 1974 [sections 77-79], I am entitled to receive a copy of any credit agreement and a statement of account on request. I enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.

I understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.


I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.


I look forward to hearing from you.

I then got a letter saying they needed proof of my signature. To which I replied and said no they don't. Then 15 working days after the request I got a copy of my original CCA. Not bogus at all. At this point I started panicking more. There was nothing else though. No Default Notice, no Notice of Assignment or proof of them.

So then I discovered looking at other peoples posts about the Default Notice. I then looked into my credit files. One with Experian and the other Equifax. There is no Default recorded by First National. The only defaults are from Asset Link, in brackets First National, in December 2005 and another the day after my CCA request this year, 6th June 2008. First NAtional are not mentioned in any other context. The Asset Link entry entered in December 2005 looks like
Link Financial Alc (First National) (I) / XXXXXXXXX7001

So now I am starting to worry as the court date is 11th August.

Thank you for any help.

[semyaza]

Just an addition. I think I may have got the CCA request and Subject Access Request mixed up. Is the CCA request actually the CPR18? This is what I sent a £1 postal order for. So does that mean they still have to provide DN and NOA and proof? So is the Subject Access Request just a statement of the account which costs £10?

Thanks.

[semyaza]

Would really appreciate some help.

I believe I have to submit anything I have to the court two weeks in advance of the hearing. I don't know what to send.

I looked at the letter sent from Asset Link asking me to create a Tomlin order. On the letter it says they are forwarding all the details I have asked for but still had nothing.

Also can I ask a related question. If I have a joint mortgage but the unsecured debt is in my name can the claimant still claim against the property?

Thanks.

[pt2537]

So can i ask , what were the Particulars of claim from the claim form

Knowing Link they most likely didnt sufficiently particularise their claim, nad if you had come here sooner, we most likely could have had their case thrown out for an abuse of the process.

it would be good to know what the defence was that you filed and also what has happened step by step to get you to this date

[semyaza]

Thanks. I know, I was doing the usual head in sand trick

The particulars from the N1 CPC form state exactly this:

The Defendant(s) are indebted to the Claimant under the terms of a credit agreement dated --/--/2002 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 a judgment. The right to proceed for subsequent interest is reserved. Default occurred in payment and the loan was called in under S.87

It is signed Asset Link Capital (No1) Ltd. Which is confusing as well as there seems to be different variations.

Unfortunately I panicked and my reply to the claim form literally saying 'I didn't know who these people were'. As I thought it was fraud.

As I had been reading here quite frequently and specifically with Asset Link I then sent the letter as above requesting the CCA, etc. I thought there was no way they'd have it. They did send it saying the rest would follow.

I then got a transfer to my local court and a questionnaire from the court. Asset Link sent me a copy of their questionnaire which said I have no grounds for a defence. Then I recieved a letter from the court with a date of 11 August.

That's about it really. I believed I had sent a cheque to First National early 2006 to settle this as I had settled lots of other accounts at the time but I can't find proof.

I was trying to pick out clues from other posts. For example a recent one stating that in order to issue a NoA it has to be sent recorded. And that I also needed proof of a Default Notice. None of these I have.

I am not at home at the moment to dont have access to the exact wording on the letters. Apart from the claim form I have with me.
Thanks.

[pt2537]

Hi,
im afraid they are correct, " i do not know who they are" is not a valid defence in law so we need to get our thinking caps on

Oh heck,

Does the particulars of claim make any reference to who the account was originally with? or any reference to the account number?

also is there any date of default? any date of service etc?

to be honest, i think it may be too late to make an application to the court for an order , ordering them to amend their claim to comply with the CPR and also serve copies of the credit agreement etc.

what is the hearing in two weeks for? is it a final hearing or directions hearing etc, just saying a hearing doesnt help im afraid

Regards

paul

[semyaza]

Oh! Now am panicking a bit more.

The particulars of the claim are exactly as written above, part from the date which I crossed. This is from the original blue claim form which is from Northampton (CCBC) and the footer says N1 CPC Claim Form (04/06).

I will get some more details this afternoon. It didn't say final hearing. Is there any hope?

[pt2537]

well,

If its a directions hearing, maybe we can ask for the judge to order they supply the agreement etc.

have you had anything from the court which ordered you to disclose documents or supply witness statements?

the order from the court will tell you what the hearing is for so dont panic

[semyaza]

Thanks for this.

I just want to make it clear that I do have the *copy* of the agreement I requested and I am not disputing it is mine. I also have a copy of the original. My point being is I don't owe money to Asset Link.

At the time of the claim form I sent the CPR as I thought this was correct procedure. I got the CCA but never recieved anything else when they said they would send it. Surely they have to prove I owe them money. This is why I am trying to go down the route of lack of Default Notice and Notice of Assignment. From little of what I understand something of these is supposed to be sent recorded delivery to prove it was sent.

I appreciate I have slightly messed this up due to my lack of knowledge of the legal process. But this is like me knocking on my next door neighbour's door demanding money for something they know nothing about :-/

This so frustrating and worrying that I am now shaking :-/

I will get more information later.

Thanks again.

[pt2537]

Hi there

dont worry, once we get the info we need we can fight this

i went to court recently with another CAGGER (username Manchester1) who had a CCJ against him via asset link, and suffice to say, he doesnt now

so they can be fought,

as for being a martyr saying i dont deny the debt, let me enlighten you for a minute

the law is very clear, the lender has the obligation to supply the agreement in a legible form, especially given they are taking you to court

you do not have to provide the agreement nor do you need to prove your case, they must prove theirs

now, there have been cases which have gone to the House of Lords that have looked at the Credit Agreements and repeatedly the courts have held that, no legible CCA, conforming to the strict rules of the CCA 1974 then no enforceable debt


so can we have a look at the agremeent they sent you? maybe you could upload it in photobucket, remove all the personal details first

you would be surprised how many agreements are completely unenforceable

With regards to the Notice of Assignment, they must serve it on your last known address, so have you moved recently? is there a risk it could have gone to an old address? im just fishing thats all, but the original lender may be able to assign the rights and duties under the agreement to link , it may refer to that in the original agreement if it does then that would mean providing link follow the rules, they may actually own the debt and you may be indebted to them now

[semyaza]

Tried scanning but it was barely legible. Will try again later. But it same as the one in this post:
C.C.A. turned up after 12 months???

And t&c's on the back. Different numbers though.

Goods/service: 1456.00
Deposit: 200.00
Amount of credit: 1256.00
Protected Payment: 148.72
Total loan facility: 1404.72
monthly interest rate: 1.49%
APR: 20.6%

The agreement I have is completely blank and I can barely make out anything. I can see I signed and it matches the copy.

I have not changed address since this agreement was signed.

[semyaza]

Right here's the front and back
ImageShack - Hosting :: pg2kp6.jpg
ImageShack - Hosting :: pg1bt6.jpg

Here is the Judges order

1) This Claim is allocated to the Small CIaims Track and the parties are referred to
Part 27 ofthe Civil Proced4re Rules and the Practice Direction of that Part for
guidence on how the hearing of the claim wiIl be conducted.

2) The claim wiIl be heard at --------- on a date date and time which is set out on a notice attached to this Order, or
which will be sent to you later. The Court reserves the right to change the place and/or time ofthe hearing

3) From the available papers, it is estimated that the hearing will take one hour. If a
party is aware of a reason why this estimate might be substantially inaccurate, that party must notify the court immediately.

4) The parties are encouraged always to try to settle the case by negotation. The
parties are encouraged to contact each other with a view to trying to settle the
case or narrow the issues. The court must be informed immediately if the case is
settled.

5) The following paragraphs set out the Judge's directions for preparation for the
hearing. Failure to comply with the directions may result in the case having to be
adjourned and the party at fault having to pay costs.

The foIlowing Directions apply to this Claim:

6) Each party must deliver to every other party and to the court office copies of all
documents on which that party intends to rely at the hearing no later than
fourteen days before the hearing.

7) The original documents must be brought to the hearing.

The judge may renfuse to consider a document or take it in to account if a copy of
it has not been sent to all parties as required by this Order.

9) Neither party may rely on any report from an expert at the hearing unless
permission has been granted by the court beforehand. Any one wishing to rely on
an expert must write to the court immediately on receipt of this Order and seek
permission giving an explanation why the assistance of an expert is neccessary

10) Any party intending to show a video or DVD, etc. left out as it's irrelevant

1l) Because this Order has been made by the Court without considering
representations from the parties, the parties have the right to apply to have the
order set aside, varied or stayed. A party wishing to make an application must
send or deliver the application to the court (together with any appropriate fee) t o
arrive within seven days of service of this Order.


Thanks.

[semyaza]

Is the above information ok?

Thanks.

[semyaza]

bumpy bump!

[steven4064]

Hi semyaza

I see pt is on the case, so I will leave details to him.

The agreement you posted is enforceable in that it seems to have all the neceassary bits - your signature, prescribed terms and your rights to cancel. You may have a case because it is not easily legible - I think that is clutching at straws although pt may think differently.

However, to take you to court there are other things they need to have done:

1. they must have sent you a default notice complying with s87 of the CCA 1974. If you have never receieved one you can put them to strict proof that they sent one. If not - no case.

2. If the debt is assigned to Asset Link (rather than them just acting on behalf of First National) then you should also have been sent a notice of assignment. The same applies as in the default notice case.