Link Financial......Yikes!!!

[Shelbs!]

Hiya everyone,

 

Arrived home yesterday to a Northampton claim form from Link Financial.

 

POC as follows;

 

The Claimant (Link Financial Ltd) claims the whole of the outstanding balance due & payable under an agreement and/or associated agreements made with the Defendant in writing & dated ##/10/02 & assigned to the Claimant.

The agreement and/or associated agreements are regulated by the CCA 1974. The defendant has failed to meke payment as required by the agreement and/or associated agreements and to comply with a default notice or notices served by the Claimant and /or Assignor.

 

and the Claimant claims:

1. £####.##

2. Interest pursuant to section 69 County Court Act 1984 at a rate of 8.000% per annum from ##/11/07 to ##/04/10 of £####.## & thereafter at a daily rate of 1.380 to date of judgement or sooner payment.

 

The claim has no account numbers or any idea of who the OC is.

 

I believe it may be a unreg loan from Abbey taken out in 2002 for £13K which due to personal issues was defaulted on in 2004. This account could well be statute barred, but without digging out the old paperwork & bank statements I can't be sure. They are in an offsite lockup which I can access later in the week or early next week.

 

Can anybody advise on what my next move should be.......all help really appreciated.

 

Thanks

[Series3]

Make sure you stick to the deadlines set by the court.

If you are defending then return the AoS to the court and you will then have another 14 days to file a defense.

this can by done on-line.

Dig the paperwork out.

You should send a CPR 31:14 to the claimant, there are some letters on the forum you can adjust to suit your needs.

Other caggers with far more knowledge than me will be along soon.

I'm on a learning curve myself.

 

 

series3

[Shelbs!]

Thanks series 3

 

I will be defending I think, just need to get that paperwork.....really hope its statute barred.

[Series3]

when did you last make a payment?...

[DonkeyB]

Guess you've had no other communication from them? You normally get a letter at the same time saying they're taking action and it has been assigned.

 

Suggest also you SAR the original creditor to be sure of a final payment date.

 

It's a very vague PoC and I think you must contact the claimant and ask them to clarify the PoC - state that failure to do so will lead to an application for immediate strike out.

 

See pt2537's brilliant thread here - it's required reading for someone in this situation.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

In your CPR request you must ask for copies of the agreement(s), details of the assignment and notices therefof, the default notice and proof of assignment to the claimant by way of a copy of the deed (redacted if necessary).

 

At least they haven't mentioned clause 7...

[Series3]

just subbing

Optima intend going for a Summary Judgment in my case

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/245159-series3-mbna-optima.html#post2739750

 

MMMmm why can't I link?

Edited April 20, 2010 by Series3
tried to link...

[DonkeyB]

Telling me it's an invalid link!

[Series3]

me too, I'll go and learn how how to post..

 

it's just down a few threads..

 

how do I do this, it keeps telling me invalid link.

Edited April 20, 2010 by Series3
Grrrrrr...

[DonkeyB]

Go to the first page of your thread and copy everything in the URL window at the top of your browser.

 

Then paste it in a window here... bingo!

 

First page:

http://www.consumeractiongroup.co.uk/forum/legal-issues/245159-series3-mbna-optima.html

 

Last page:

http://www.consumeractiongroup.co.uk/forum/legal-issues/245159-series3-mbna-optima-5.html

[Shelbs!]

Managed to find the paperwork in the garage for the loan & payments to it.

 

Final payment made on 23/11/04, also have copies of the credit agreement & looks to be in order.........f###.

[DonkeyB]

You may have copies, but they probably have not. Or incomplete ones.

 

The onus is on them to provide you with copies. Do this through CPR. Let's see what they have!

 

They still have the CCA and DN hurdles to jump through yet, as well as providing statements for the life of the 'agreement'.

[Shelbs!]

If they have complete copies & everything else, would it not be foolish to defend & rack up costs, or would it be better to negotiate a settlement.

 

Sorry to seem a bit dim but Link are renowned for going for charging orders.

[DonkeyB]

It costs nothing to put them to strict proof at this stage - CPR is your right!

[Series3]

scan and post up..

[Shelbs!]

Will try & scan them this morning.

[Shelbs!]

Rang Link yesterday to find out what the claim form refered to. It was account I thought it was. They advised me to fill in claim form & return to them straight away.....as if!

 

They also advised they would go for a charging order on the property.

In 2006 my partner & I split up although amicably & I transferred my equity in the property to my partner for a sum of money as I needed to rent a house. This was done by my signing a letter to that effect witnessed by a neighbour. However I am still on the mortgage as my partner was self emolyed couldn't prove income to get a mortgage in his sole name.

 

I told them I don't live at the property, but they werent interested.

 

How would this stand up in court?

 

Whom should I inform that they advised me to send the claim form to them?

 

Should i fill in the aos online & fill in the claim form & send to Link aswell to see if they actually do forward to the court?

 

All advice as ever is greatly received

[DonkeyB]

They asked you to return the claim form to them? Effing outrageous! They've done that before with people who defended, and gained a judgment by default because they didn't forward the defence to the court. This is a serious issue, so complain to the OFT. Did you record the call? Golden rule - if you call, record it!

 

They can't get a charging order until (a) they get a judgment and (b) you fail to comply with any subsequent order of the court.

 

Should i fill in the aos online & fill in the claim form & send to Link aswell to see if they actually do forward to the court?

Nice idea, but might just as likely get you into trouble for wasting the court's time! Maybe if you sent the form NOW then filed online - however, unless you're recording calls, it's probably pointless.

 

I don't think your letter will stand up. You are still the mortgagee.

[Jasper1965]

Managed to find the paperwork in the garage for the loan & payments to it.

 

Final payment made on 23/11/04, also have copies of the credit agreement & looks to be in order.........f###.

 

In the (expected) event that Link provide you with a reconstituted copy.

What about getting a notary public to compare it against your original and then to sign a declaration that it does/does not represent a true copy of the original?

It's not expensive and it might give you some evidential leverage whilst absolving you from the need to actually provide the original in Court yourself which would obviously be a bad idea.

[angry cat]

They asked you to return the claim form to them? Effing outrageous! They've done that before with people who defended, and gained a judgment by default because they didn't forward the defence to the court. This is a serious issue, so complain to the OFT. Did you record the call? Golden rule - if you call, record it!

 

Read the following thread, which will be of interest and benefit:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221243-link-financial-check-out.html

[emandcole]

Hi Shelbs, have just seen Link off on a claim so know how they conduct themselves. From the gist of what you've already added it seems Link are perhaps hoping for an easy claim...we'll make sure they get far from that.

 

Perhaps do as AC has directed and read my experience and if you have it in writing that Link directed you to return court paperwork to them instead of the court complain to Trading Standards as I did...it was upheld and it went to the Licensing Section of the OFT. If Link are still playing their old games a complaint like yours would be to your advantage given their background so far.

[means2anend]

subbing!!!

 

Great work emandcole and timely for Shelbs too well done.I subbed on your thread too.I shall take the advice too...always believed that forewarned is to be forearmed.

 

m2ae

Edited April 22, 2010 by means2anend

[Shelbs!]

Thanks to all of you for the support you are giving. I am going to a funeral tomorrow & will not be back on line until Sunday evening.

 

Looking forward to reading your thread emandcole.

 

Catch up with you all soon

 

Have a good weekend

[Shelbs!]

This is what I sent to Link Financial today. Lets see what reply I get....if any!

CPR 31.14 Request

 

On xx.xx.xx I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

 

1. The Agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. The assignment

 

3. The default notice

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

[means2anend]

''Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.''

 

 

Do not be fooled by them if they come back with excuses such that the search was disproportionate and unreasonable

 

I am quite sure that theses multimillion dollar institutions have the capacity and the technology to undertake this obligation.

 

It looks good but I should wait upon emandcole for any further insights...

 

m2ae

[emandcole]

Hi, would be very happy to help give Sink another headache .

 

Shelbs, the request is good but perhaps be clearer as to what part of the assignment you want to see. There is both the notice of assignment that the creditor should have sent you (have you SAR'd them) in addition to the actual legal document, the Deed of Assignment (more on that below) so make sure you get hold of both along with proof of posting.

 

The letter Sink may have sent you telling you they own the debt does not count as a valid Notice of Assignment, this should come from the assigning party to you directly. The letter Sink may have sent you is no more than a courtesy letter and is of no value in terms of assignment expectations.

 

important to bear in mind that Sink do not have a great track record of paying such requests too much attention! In your favour of course to some extent but only marginally as courts do not appear to attach too much importance to pre-hearing games.

 

Sink may argue on a technicality that what you're after might not have been included in their P of C and that you're only entitled to see what they've actually put in that P of C so if that's the case, if they reply, don't concern yourself too much with it all and stay focused on the bigger picture.

 

In the meantime of course you cannot provide a defence to them so if they do not provide you have more interesting options open to you and that's when all of this will really start to develop.

 

Will contribute more when it comes to the nitty gritty but perhaps worth asking right now for a copy of the Deed of Assignment as the mere notice that they are now the 'owners' of the account does not in itself create an assignment. If you ask for it now and they don't provide it you'll be able to demand they produce it a later stage as a matter of urgency given the fact that they may have already ignored your request to see it.

 

The following is from my defence and counterclaim and you can use this in your own defence if and when the time comes.

 

Further, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824).

Edited May 4, 2010 by emandcole