Sorry for not replying sooner have been really ill x so do i forge ahead with an n244 and ex160a or just hope this falls on the common sense of the judge x my friend has no financial back up to employ a solicitor to do this for her so we are pretty much on our own and no CAB here either x as for ringing northhampton cc yes i now have copies of a ccj issued for barclaycard/link financial in September but prior to that nothing other than i sent a cca request to kearns and they replied with a statement of account there was a postal included o made sure i kept all paperwork relating to accounts being dealt with and also sent eerything recorded delivery x as for link financial they mever responded to my intial requests and just returned the letters unopened x i think thats it?.. will be back online hopefully properly tomorrow x tha k dx and everyone for helping me with this

N244 and ex160a downloaded and filled in as on esa for mental health issues and memory loss as a result of a cva sepsis strokes kidney failure etc.. as for cca request i have sent another request yesterday to both the solicitor involved and Link aka IDR finance with a stern letter of complaint i have now this morning obtained all copies of the letter sent out and thankfully have copies of a ccj claim and judgement given on 21st September 2017.. this is an 'interim order' we have 28 days to file an objection which of course i will do.. however i know whole heartedly this person has not received any of this paperwork other than a letter back months ago when they said they were now acting on behalf of Link and i requested a cca request then and nothing was ever received

ahhh sorry long stressful day going round in circle with this x so i've once again sent a cca request to link financial and again to kearns this time via special post (£6.50 for 2 letters) so they cannot deny receiving anything again.. just wondering what my next move would be .. this poor woman is beside herself as her financial details are now common knowledge.. including accounts frozen.. settled etc it just doesn't make sense

so by clicking the link for the defence was a cock up of endless proportions then? arghh smh.. can this still be argued with and brought back to pre ccj and possibly a f&f agreed for this debt..

nothing as yet.. will go through all the paperwork in the morning.. and no only messed with something along those lines once.. i'm a firm believe in telling creditors that i have no money here is my budget for the money either accept token payments or right it off.. successful up until now and with several cca requests.. fmotl messes ya head up.. the money claim online was advice give by both cab, mas, and national debtline i think it was. . this is the only company we have had issues with it seems. . all the others accepted this person has severe mh issues and quite happily wrote off most of the debt or closed accounts with an unsettled balance but agreed to not pursue for fear of causing distress.. i used a template from a site regarding mh issues and writing off debt it could have been mind to be honest..

nothing received about a ccj claim form i know to log on to moneyclaim and defend their and click enter defence then ask for a cpr31.14 from whoever is bringing the claim and zip nada nothing.. with regards to cca request i sent 2 to link financial they never opened the letters simply returned via royal mail unopened as i sent them may and june last year recorded delivery i thought maybe i'd got the address wrong the first time but, obviously not after digging about online and on [removed] they are known to do this.....

no other address involved. . although there is an identical address within the same city.. same street name same city just opposite ends but only difference would be the post code and obviously name on property. . although the other one is a commercial property. . and why on earth would they inform family members of financial details to this person when they have no financial links to the person owing the money if indeed they do owe the money

i will update in the morning as its been a long long day but the long and short of it is i sent a cca request it was ignored.. . as i pointed out above.. then the solicitors 'kearns' said i did not include a postal order which i did and they never banked only sent a statement of account then proceeded with a ccj.. we received zero notification about that either until this paperwork arrived today.. so now its a charging order. .(i assume its a charging order they have gone for after digging about online and finding out this is not the first instance of them doing so) fine ok i'm still waiting for the cca request from both link and kearns.. but i'm confused as to why they would write to the persons' relatives include a copy of the credit file..(46 pages in total) details of the whats left of the mortgage on the property...

Hi I've been helping someone with their debts and managed to get most of them into a plan or written off due to mental health issues and advice from CAB, today we have received a letter from a firm of solicitors along with a list of creditors (and credit file) with said persons name on... then to find out several family members have received a copy as well.. this person owns the property they live in.. the debt in question is 2k for an old credit card debt that got sold on and sold on we had asked for a cca request back in may of last year and again in june (14 days after the first request) neither request was responded to.. fast forward to this year a solicitor wrote informing they were pursuing for a ccj.. again we requested cca request from the DCA that purchased said debt and nothing.. even sending a template including postal order to the solicitor involved who never banked the postal order but never returned it either just sent a statement of account not the cca request.. just curious as to why they would send several family members copies of this persons debt file as it were and financial details when they have no interest or legal obligation to the house the person lives in.. and is or could this be construed as a drop the ball type thing and dpa breach and report to SRA or law society.. the relatives that received said copies were ok about it just decided to discuss the business with people everywhere.. as they do like to gossip.. my question ultimately is Link financial failed to respond to a CCA request, Kearns Solicitors failed to respond to a CCA request.. and now they've applied a charging order or tried to and cc'd in the family so to speak.. is this even legal? what are the next steps.. and could some one point me in the right direction because my head is spinning.. between gossips discussing this person business driving their mental health into a further state of depression (also has bpd and trying to keep them calm so as not to trigger) a bpd episode.. many thanks in advance :x

how about sending an SAR to HMRC playing detective to actually see if you do owe said debt and whether it was their mistake or not? I also believe that if said SAR involves more than 40 hours of searching (when you play detective in your files) then the SAR becomes free.. I found this out when questioning my own HMRC so called 'debt' turned out they owed me money after i proved I have informed them of every single change along the way.. just a thought.

Like i said i did some reading online and with some help challenged i'm not saying its correct and maybe like someone else mentioned they didn't have a cca to begin with, hence i got lucky..

Not a lawyer just a legal advisor who does thing by the book in a charity based advice centre this was something we came up with together outside of this arrangement after i read lots of stuff online using what i used here previously and just challenged the legality of the debt with the dca x my Stance was i hadn't signed a contract with the dca and thats what i argued with them over the debt x i guess i was lucky is all x

thanks for your input

It was for £789 to be honest and it was through a friend who is a legal advisor that helped pen it together fmotl is not something i have read up on tbh.. He only deals with bank debts through a charity advice centre so i dont get why you would insist i have used fmotl

This is what a legal friend and I came up with after reading lots of stuff online and questioned the legality of assigned deeds we worked on the assumption that lowell had no deed assigned to them with my permission Reference Number: Dear [Person who wrote to you], Thank you for your recent contact dated [Date In Full], the contents of which I note, but do not accept. I hereby request that communication from this point forward be made in writing only, and that you do not attempt to contact me by any other method For the avoidance of doubt, this notice does not constitute a complaint, and should not be treated as one. I wish to verify whether any claim made against me is lawful. I therefore request that you provide evidence of my liability. I am happy to effect payment upon receipt of the following documents: The original instrument of indebtedness, or proof that said instrument still exists. Either of the following; If this is a demand for payment under the Bill of Exchange Act 1882, copies of any bi-lateral or tri-lateral contracts which create obligations on each party to perform, including any delegated Instrument of Novation, signed and sealed in a tripartite contract and a signed invoice in accordance with said act OR If this is an assignment of a legal thing in action under the Law of Property Act 1925, a Deed of Assignment (not a notice of assignment). This should be executed as a Deed, granted by the grantor or original creditor and endorsed by instrumentary witnesses in solemn form. On and for the record, I am willing to accept redacted copies of any documents that may contain sensitive commercial data or personal details of other clients providing that evidence relating to myself is apparent. Should you not be in possession of any of the aforementioned documents, or should you terminate your claim against me without first providing proof of legitimacy, then you will be deemed to be party to a fraudulent act