Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

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  1. #1
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    Unhappy Asset Link Capital (No1) Limited - First National(GE)

    Can someone help please with any info

    1. Are asset related to FN or GE in anyway?

    2. Received a letter 2 years ago - re assignment from Asset Link

    "Sale of your debt"
    "We, Asset Link Capital hereby give you notice or intimation that on //////////First National assigned to us the benefit of the debt that you owe them under an agreement. As a result of this assignment your debt is now owed to Asset Link. We have appointed Link Financial to administer and recover your debt on our behalf."

    Question is this

    I received a Schedule of Inhibition (charging order) from them last nov. The name on it for the pursuers is First National Bank. Asset is not mentioned in any way. Why is this when the debt has been sold?

    3. We had had charges added to our account for a couple of unpaid direct debits (40.00 a charge) before we went to court. If these charges were illegal, then would the amount that they took us to court for not be wrong?

    Any help will be appreciated.

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  2. #2
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    Default Re: Asset Link Capital (No1) Limited - First National(GE)

    bump


  3. #3
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    Default Re: Asset Link Capital (No1) Limited - First National(GE)

    bump


  4. #4
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    Default Re: Asset Link Capital (No1) Limited - First National(GE)

    Hi, is anyone abe to give me some advice or info as not only did I have charges on account before it went to court to begin with, i also believe the ppi was missoldicon to me. If so, I,m trying to find out it if they took me to court for the wrong amount.

    Any help appreciated


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    Default Re: Asset Link Capital (No1) Limited - First National(GE)

    Quote Originally Posted by tiatia View Post
    Can someone help please with any info

    1. Are asset related to FN or GE in anyway?

    2. Received a letter 2 years ago - re assignment from Asset Link

    "Sale of your debt"
    "We, Asset Link Capital hereby give you notice or intimation that on //////////First National assigned to us the benefit of the debt that you owe them under an agreement. As a result of this assignment your debt is now owed to Asset Link. We have appointed Link Financial to administer and recover your debt on our behalf."

    Question is this

    I received a Schedule of Inhibition (charging order) from them last nov. The name on it for the pursuers is First National Bank. Asset is not mentioned in any way. Why is this when the debt has been sold?

    3. We had had charges added to our account for a couple of unpaid direct debits (40.00 a charge) before we went to court. If these charges were illegal, then would the amount that they took us to court for not be wrong?

    Any help will be appreciated.
    I'm not entirely sure what it is you're asking..But you must understand that none of these charges are ILLEGAL, they are UNLAWFUL and there's a big difference...I know you can get a CCJ set asideicon if the CCJ amount is made up mostly (if not all) of charges, I know nothing about charging orders though..Sit tight as I'm sure someone here can answer that for you soon enough

    If the Banks maintain their charges are transparrent and fair, then why appeal against the decision which allows them to be investigated?


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  6. #6
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    Default Re: Asset Link Capital (No1) Limited - First National(GE)

    You can probably claim the charges back if unlawful

    First National seem to regularly obtain charging orders and then sell them on to Asset Link which does seem a bit strange

    Is there any equity on your property?


  7. #7
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    Default Re: Asset Link Capital (No1) Limited - First National(GE)

    Hi there

    Asset Link is the company that GE/First National use when they sell bad debts. One of my accounts was passed to them but I am currently disputing it because the agreement was not executed properly and it has no authority from me to sell the debt or to pass it to a DCAicon.

    If Asset Link own the debt then it should be them that holds the charging order against your house, not First National as they have sold the debt.

    Have you been keeping in touch with Asset Link? What is the general run of events leading up to the situation you are in now?

    Look forward to hearing from you
    Gemspan


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  8. #8
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    Default Re: Asset Link Capital (No1) Limited - First National(GE)

    FN had a decree against us.

    It was still with First Nat and in 2005 I received a charge for payment of money from Fn solictors. I phoned up and set up a monthly amount. One month later received a letter re sale of the debt.

    I began looking into it and reading up and a lot of things came to light that we did not know at the time we went to court.

    I am disputing the amount of the debt gemspan for several reasons. I wrote to them in last march disputing the amount. I sent a full letter detailing why with copies of all documentation and they refused to enter into discussion stating

    "it should be noted that only the benefit of the debt has been assigned to this company. Further, to now raise such queries with respect of the terms and conditions of the original agreement, some 9 years after its inception is not accepted."
    After a few letters i phoned once and offered approx 30% in Full and finalicon. They refused and sent me a payment book and an amount to settle.
    As far as I am concerned this account is still in dispute.
    In Nov a charging order was served on us in the name of First National.

    I don,t understand the assignment bit, should i be dealing with GE. We do intend to fight this and are quite prepared to go to court under the Unfair Relationships Act when it comes into force.


  9. #9
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    Default Re: Asset Link Capital (No1) Limited - First National(GE)

    sorry, its not a charging order but a schedule of inhibition up in scotland


  10. #10
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    Default Re: Asset Link Capital (No1) Limited - First National(GE)

    Hi Tiatia

    I think I would speak to Trading Standards about this. If the debt is in dispute then a schedule of inhibition should not have been placed on your house. Have you sent them a CCA and asked for a copy of the original agreement? Have you sent a SARicon letter to them asking for all the correspondence they have in relation to your dealings with them? If not, I would do that now. Send off both and include a cheque for 11. This will give you a breakdown of exactly what is happening on the account and when the inhibition was placed on your house.

    How much is the debt for? Have you been paying the debt or have you entered into an agreement with them. What is the background? Sorry to ask so many questions, Im honestly not prying; I just cant understand how they can suddenly place this on your house without getting a CCJ etc.,

    Look forward to hearing from you
    Annie


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  11. #11
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    Default Re: Asset Link Capital (No1) Limited - First National(GE)

    I have had a copy of the credit agreement sent.
    They got a decree(ccj in 2000).

    The charge for payment came in 2005 as payments were not up to date due to personal problems.

    We came to an agreement to pay their solicitors and everything was fine.

    Then we received a letter from Asset saying they had bought the debt and the same solictors wrote and told us although the debt had been sold to continue paying to the solicitors.
    We did then we got letters teling us to pay to Link so we did.

    Then we woud get a letter from the solicitors saying we hadn,t paid.

    Eventually we got a letter from the solicitors saying we were to pay only to Link.
    it was at this point I began going over all my documents and reading up.

    We wrote to Asset to dispute the debt because of the amount for many reasons.
    We stopped payments .

    As previously stated I have a letter stating its not accepted.
    I rewrote to head of disputes.
    I was given a contact name.
    I offered him approx 30% of the debt.
    He refused.
    I said I would be taking it further.

    My last letter was in July stating here is the settlement figure and payin book.
    Then nothing but they put a scedule of inhibition(CHARGING ORDER) out on the house at the end of the year.
    This came in the name of First Nat.

    I have heard nothing from Asset since last July.
    We contacted TS who were useless, i have read better advice on here.

    I am now unsure who to contact as to the dispute with the debt - Asset or GE.

    I have not sent anyone a SARicon yet, but luckily I have kept all documention and most correspondence since the beginning .


  12. #12
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    Default Re: Asset Link Capital (No1) Limited - First National(GE)

    HI Tiatia

    As you have a CCJ then the reason they have placed the inhibition on the house is because you have not kept to the payment terms of the CCJ. They are legally entitled to do this.

    If you feel that most of the debt is made up of charges then I would apply to the court to have the CCJ overturned. If the charges only make up a small part of the debt then I would write to GE/FN and ask them to remove this amount from the balance outstanding.

    I dont know how easy it would be to get a decree overturned if only a small amount was charges. Also, the statute of limitationsicon in Scotland is 5 years and I dont know of anybody who has successfully claimed beyond that date. If the CCJ was placed in 2000 then I really dont know how you would stand. Try posting something on the Scottish forum as the peeps on there are more in tune with Scottish Law.

    I would just ask the question. Can I get the CCJ overturned as part is made up of charges. CCJ dates back to 2000.

    I hope this helps
    Kind regards
    Annie


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