hi

i wonder if somebody could advise

i had an agreement for car with ford credit

i got behind with payments

i have paid over a third so they need court order

they have passed debt on to link fs who at first accepted £40 per month

link have asked for more money

it turned sour now they are demanding car back and threatening to go for court order in 2 weeks

the orriginal dn was served by ford,

link have not been assigned

they said we defaulted on the £40 arrangement which we didnt

then sent copy of dn served by ford

can link get po order or does it have to be ford?

thanks

I am sorry, I dont know the answer to your question. Just giving your thread a little nudge.

thanks

anybody out there

just tried to phone link they were horrible

ust said we will take payments of £250

then no we wont go see a solicitor we are comming to take the car.

lightup, I will see if I can find someone to advise.

Ummm, you shouldnt ever phone a DCA.. especially Link.

I have also changed your title slightly, it might bring in more advisors

thanks citizen B

I have asked dca for f&f to see what happens

would appreciate any posts

Hi lightup

I am in a similar position, did ford's serve you a DN.

They did now ive read your first post properly, could you post it up.

GG

This isn't an area I know much about but have a look here

Legal Issues Explained - Car Repossession

This is just intimidation to make you pay more - they are greedy barstewards. I would call their bluff and tell them to take you to court as no court will ask you to pay more than you can afford. You paid the £40 regularly so that is proof in itself of your willingness to pay. Ask them outright - by letter - if they have bought the debt or are acting as a collection agency for Ford. You could also ask for a copy of the agreement to check if it is in order - they would have to produce the original to court.

Creditors and DCAs - Letter Templates & Budget Planner

Scroll down to Letter "N". Enclose a £1 postal order and send by recorded delivery. Print, don't sign, your name and send to Link.

then sent copy of dn served by ford can link get po order or does it have to be ford?

thanks

The answer depends on whether the debt was properly assigned to Link or not - it hardly ever is. If Link take you to court you will have a very strong defence

thanks

link say they are managing the debt

i will see what they come back with the full and final settlement and how long they will let me pay it

they are a very nasty firm

they said they would take a charging order on my property and

they did for a credit card debt

the judge gave it to them despite my best efforts

just to let you know guzleguts

i have got the orriginal agreement from ford

it is all blurred

i asked a legal bod and they said it wouldnt matter who had the debt as it would be a solicitor who sued and they are allowed

My DN has a late letter fee applied to it which i think would make invalid.

Link have been assigned the debt but i have had no NOA served on me!

And i think they are going to serve court papers next week, they will not listen to any proposal's i put to them.

GG

Is there any chance you can scan up some of these documents please, there are some very astute people on this site who will be able to establish where you stand in the matter if you can?

Don't forget to blank out anything which might identify you.

Is the agreement enforceable will be one of the primary things to establish, valid DN's and NOA all play their part in proceedings too so it's better to know exactly what they've got.

Strictly speaking the legal bod is incorrect, it matters a lot who it belongs to. The solicitors will bring the case but as representative of the claimant.

The claimant might be either the OC (unlikely) or Link Financial.

Link can only bring the proceedings themselves if they are the owner and have full title.

The DCA's often cannot produce documentation to substantiate this fact.

Help needed with ford credit (1 2 3)

guzzleguts

I think my agreement is good, but the DN's look poor, and now Link have taken over there is no NOA.

I was only posting on this thread to see if ford credit have sent lightup a poor DN! hopefully lightup will post it up.

GG

Had a similar problem with link

send a cca request to establish if they have the right to collect on this debt

DO NOT SIGN ANYTHING that you send to them.

If after the statutory period they have not responded

the debt is in formal dispute and that will put a hold on any action.

They will probably send you a letter saying that they have to get the agreement from the original lender and that it may take some time,

meanwhile look through the threads on here and get as much knowledge as possible.

They are a bunch of lying scheming barstewards,

I went to court 5 times with them because they didnt comply with legislation

and despite me admitting part of the debt

I still got to pay what I agreed and a reduced sum because they couldnt substantiate their figures.

The people on this site will help you all the way so keep your chin up.