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Link claimform - old GE Money debt **CLAIM STRUCK OUT**


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Hi All

I received and completed the court forms which Link Financial decided to do. I have since returned the forms back to the court (I intend to defend this). I received a letter from the plonkers saying basically I had no defence in the matter and they intended to continue with this and get a charging order on my property. I rang the court to find out where I was on the list and they said Link had 33 days in which to respond. Does this 33 days start from the date of the court papers or the date they received the papers completed. Anyone know! I also want to know is it too late to send a CCA Letter to them?

Any ideas would be great.

I have also written to the OFT over there letter and phone calls that they had been making.

Thanks:(

I have no legal training my knowledge comes from my personal life experiences

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Sorry that I cant help you, but perhaps you can help me.

Im havings dealings with these idiots at the moment. Did you get your case moved to a local court or was this all done through Northampton or which ever court they used.:confused:

I have no legal training my knowledge comes from my personal life experiences

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Hi 42man

Sorry had a really bad week, having to take a pay cut then someones hit the car and driven off talk about Friday 13th.

Anyway briefly Link bought the debt from GE Money

1st letter said sale of your debt is possibly imminent

Sent upto date expenditure/statement as told to do by CCCS bearing in mind that I never received a letter to say they had actually bought the debt from GE Money nor anything from GE Money (for at least 6 months even though they kept accepting the payments)

2nd letter arrives sorry to hear you are having problems ring us

Try to talk to someone what a waste of time. Asked them for bank details to make payments to them.

3rd Statement arrives from Link showing 2 debit balances

4th letter arrives we are not accepting the CCCS plan you we are proceeding to court action within the next 10 days with no further correspondance with you.

5th Court papers arrive

6th letter arrives after receiving my copy of the defence this letter states

"Whilst we appreciate that you have previously made an offer of repayment this was rejected on the basis that the amount offered was inssuficient to adequately service the account balance. We do not accept that you have a valid defence to the claim and it is our intention to proceed to judgement in this matter.

In an effort to save court time and to prevent the claim being listed for a hearing we attach a letter for your consideration. By signing and returning this to us you will be admitting the debt in full and consenting to judgement being entered against you. Once judgement has been obtained we will make an application to secure the debt by way of a charging order on your property this will enable us to monitor the account for monthly payments at a rate which is affordable to you. In the event you wish to continue to defend this matter we have requested it be transferred to your local court."

Attached letter states

"It has been brought to my attention by the claimant that I am indeed indebted to the claimant for the monies claimed.

I would therefore wish to admit the claim in full and consent to the claimant being granted leave to request judgement against me for those monies claimed and the fixed costs incurred to date.

Any papers filed in defence of the claim I would request be withdrawn"

Sorry for that load of reading. I have requested a copy of the CCA from link.

I know the case has not been looked at yet at Northampton as I was told it was waiting for Link.

What should I do next - any ideas. I do intend to defend this as they say the debt is with them when it was with GE Money and I did not enter into any agreement with Link.:sad:

 

Sorry I forgot the tital i Link Financial - GE Money

Sorry not got into the understanding of Links and Threads

I have no legal training my knowledge comes from my personal life experiences

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AQ = Allocation Questionaire. It comes after you have filed your defence, and that is where you request it is moved to your local court. As a Litigant in Person being taken to court by a big company, the claim would be moved to your court.

 

@pritchy - can you post a copy of the CCA they have now supplied (with personal details removed ;))?

 

Have they ever served a Default Notice?

Did you even get a Notice of Assignment?

 

If so, can you post up copies of these aswell please.

 

This should give us all enough information to help you :)

 

Thanks,

H

 

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Hi H

Can't recall but I will check all my papers and get back to you.

I'm waiting for the CCA from them it was sent last week - hope I'm not too late in doing it. I found this forum site after I'd returned the papers!

Also reading about CL on some of the links what is the likelyhood of problems if you have something with them. I have but its only small but I know of some friends who have larger ones?

Anyway I'll go have a look and come back to you soon

Thanks

diamondgirl:)

 

Hi Huys

Unable to scan anything on at the moment basically details as:

1st letter received late Nov 08 "Sale of your Debt" giving notice or intimation that GE Capital Bank Ltd has assigned to us the benefit of the debt. Due to your default (not got anything about the default) Payment of full balance immediately to Link

Beginning Dec 08 sent expenditure etc., to Link

Early Jan 09 Link sent letter "Sorry your are not in a position to clear the balance however we are still keen to come to an amicable and mutally beficial solution in line with your curretn circumstances. Contact us without delay"

Late Jan 09 Link says " We write to inform you that we have decided to commence legal proceedings against you to recover the following debt without further reference to you. We will issue a claim against you in the County Court within 10 days.

As you are a home owner once we have obtained a judgement we will commence action to secure our claim by applying for a Charging Order. A Charing Order will give us a legal interest in your property which will require you to settle our clain before any sale or disposal can take place."

Next - Statement arrives showing two debit balances.

Couple days later hey presto Court Papers arrive.

Sent these back to the Court and a copy to them saying I did not agree the balance and my debt was with GE Money - never received any notification from GE Money - infact never received anything from GE Money for months.

I cannot find any default notice from either GE Money or from Link.

Late Feb received letter from Lin acknowledging receipt of my Part Admission aying whilst they appreciate I have previously made an offer of repayment this was rejected on the basis that the amout offered was insufficient to adequately service the account balance. They do not accept that I have a valid defence to the claim and it is their intention to proceed to judgement in this matter.

There was another page asking me to sign " It has been brought to my attention by the claimant that I am indeed indebted to the claiment for the monies claimed.

I would therefore ish to admit the claim in full and consent to the claimant being granted leave to request judgement against me for those monies claimed and the fixed costs incurred to date.

Any papers filed in defence of the claim I would request be withdrawn.

Sorry its so long and drawn out - scanner would have been great but its broke - not got a workable digital camera.

Naturally I have not signed this letter.

During all these letters that have been received I have been bombarded with phone calls at home (my number is ex-directory) theyve bought the number from abroad thats the only way they can obtain it.

They have never tried to contact me on my mobile which they have the number of (its on the court papers)

During this time I tried several times to talk to them, they keep you hanging on and then a message leave your name and number we'll get back to you (no chance of me leaving my name and number with them)

They would not give any account reference to enable CCCS to make payments to them so they just carried on sending to the GE Money as proof payments were continuing to be met as we had no other details.

Not a peep from them since the last letter.

Is there anything else I can do now or is it just a case of wait and see.

If they transfer this to my local court are the courts going to ask me for any more information or will they just pass judgement. Help please:)

 

Sorry Guys

 

Forgot to mention one phone call when they actually said why don't you consolidate - said what and get into more difficulties. She didn't want to know then.:)

I have no legal training my knowledge comes from my personal life experiences

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Definitely DO NO sign this form diamondgirl!

 

I'll drop by later (things to do right now) if no-one else has given you input.

 

BTW, I've put your link up on the other thread for you so you should get more help. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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DG,

 

I totally agree with Foolishgirl, DONT sign that letter/statement from Link, they seem to be looking for an easy result.

 

Hopefully a more experienced CAGGER will drop by shortly to advise you, by replying to your thread will keep it bumped up the list.

 

Beachy

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Now I'm getting - must very thick - worst of all I work in accounts now thats a laugh in itself. I don't hound anyone by the way I take the nice easy approach - I don't think debt collectors would want me working for them.;)

I have no legal training my knowledge comes from my personal life experiences

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DO NOT sign that letter! Cheeky idiots are trying to steamroller you into getting an unsecured account secured on your property! AND they're being very blase about it :eek:

 

You can defend the CCJ on the grounds that you haven't had an NOA from GE to say that link has been assigned the account. Plus you can dispute the ammount as ther're probably charges on the account.

 

Someone with better knowledge than me will be around shortly :)

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Diamondgirl, is it possible to post up the POC details eg. what it says at the top of the claim (minus specific personal info, sums involved, court etc)?

 

Is the claim less than £5000.00

 

Who is listed as the claimant - GE or Link?

 

Also did you send in a 'defend all' acknowledgment or did you admit part of the claim?

 

Plus did you ever receive a default notice & a notice of assignment from GE?

 

If you received a default notice, was it for the total balance due & have you kept it?

 

If you can answer the above, a letter can be sent off demanding appropriate info. under CPR18 to get you started on a defence.

 

Re. charges: have you ever applied for a SAR from GE or do you already have statements & therefore know the amount of charges you can reclaim?

 

Lots of questions I know, but it helps CAGers get a better picture. :)

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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Sorry guys but I photocopied all the papers from the court but I just cant find the first page. Do you think if I applied to Northampton CC they would send me a copy? suppose thats a stupid question.

 

The debt is £6000 but that includes interest. I may have an odd statement from GE but they hadn't sent anything to me for months before link took over.

 

I did not agree with the amount they were saying which was nearer £7000 including the costs. I didn't know what to do and at the time didn't know about you guys.

 

I don't ever remember getting a default notice from GE Money and I definately did not get an assigned notice from them either.

 

Link is the listed Claimant

 

Never having received a CCJ before I asked CCCS what to do and they advised me to complete it and say I didn't agree with the total they were asking.

 

Useless aren't I!:(

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Ok so what information do I need to obtain and who from then I can get onto that later when I get home.:)

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You need to state what the Particulars Of The Claim are....they are on the first page (same as the claimants details and address...) You have to acknowledge the claim within 14 days of the date on the claim form.....if you wish to defend then you state this, then you get a further 14+3 days in which to submit your defence....do please spend some time reading round these forums too...

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Sorry guys but I photocopied all the papers from the court but I just cant find the first page. Do you think if I applied to Northampton CC they would send me a copy? suppose thats a stupid question.

 

If you phone or email, they may send you a copy

 

Useless aren't I!:(

 

No, you're just new to it all & worried.

 

You will get plenty of help on here but you must read the forums to get an idea of what to expect & the issues on which you can defend the claim.

 

And most importantly, keep ALL the paperwork. You will have a thick file (if not several!) before you resolve it so it's really important that you file everything in order & where you can easily find it.

 

If you need statements to calculate your unlawful charges, suggest you send a SAR NOW to GE. Do not sign it, print or use digital signature & send £10 PO by Rec. Del. Amend the following template to also include a request for a copy of your agreement:

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

Any knowledge I possess or advice I proffer is based solely on my experiences in the University of Life. Please make your own assessment of legality, risks & costs before taking any action.

 

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I have requested a copy of the first page from Northampton CC just hope they send me a copy.

So if papers were dated lets say for instance 15th Feb and returned within 14 days saying I disagreed with there figures I get a further 14 + 3 which would be say 18th March to get everything together? or am I being thick again because if that is right I must be out of time to do everything!

I have no legal training my knowledge comes from my personal life experiences

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As I said you have to acknowledge the claim within 14 days of the date on the claim form....if you part dispute, they will get judgement, if you don't defend they will get a summary judgment....if you defend...well...but the the particulars of the claim are very important if you want to defend....

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