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    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Link Sold Car finance from Ford Credit - Link got ROGO - repo'd by fake bailiffs - anglia recovery.


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Apologies in advance for the long post, but I hope someone can advise me on this matter ASAP.

I bought a car on hire purchase in 2009 from Ford Credit.

Since becoming unemployed in early 2012, I have not been able to make regular payments on it.

The debt was, at some point, sold on to a company named LINK Financial who, in June 2013, made a claim in the county court.

I went for that hearing and explained my circumstances to the judge who gave me a grace period of three months during which I was to make payments of £50 pm, and then have the case reviewed.

Unfortunately, the HMRC stopped my tax credits in July and I was unable to make the £50 pm payments;

I had formally informed Link Financial regarding this fact.

In Sept 2013, the case was reviewed in my absence, since the notice was sent to my old address, and a default judgement was entered against me.

I am now planning to request that the judgement be set aside since my professional and personal circumstances have changed since 1st of october, and i am now able to make regular payments.

My question:

How good are my chances of having this judgement set aside and getting an opportunity to have a hearing where I can explain things to the judge?

I am under a lot of stress due to this finance company constantly harassing me with phone calls and letters, despite the fact that I have paid off more than fifty per cent of the debt.

Edit: Do I need to enter a draft along with this application?

Thank you for any replies.

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The reasons I have given are:

 

1. I was absent during the hearing.

2. I did not get a chance to defend myself, as a result.

3. The notice was sent to my old address.

 

I have also given a few more reasons which relate to more personal matters which were discussed with the judge at the initial hearing in June, 2013.

 

On that occasion,

the reps from Link did not turn up,

and the judge was decent enough to listen to the full extent of the financial quandry I was pushed into due to various factors.

 

This loan was originally with Ford Credit and nowhere in their agreement do they mention Link FInancial, Ltd.

 

IS it legal for them to sell the debt to Link?

 

Am I still liable for the debt?

 

Also, more than fifty per cent of the original amount has been paid off.

 

WOuld this help me in any way?

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The reasons I have given are:

 

1. I was absent during the hearing.

2. I did not get a chance to defend myself, as a result.

3. The notice was sent to my old address.

 

I have also given a few more reasons which relate to more personal matters which were discussed with the judge at the initial hearing in June, 2013. On that occasion, the reps from Link did not turn up, and the judge was decent enough to listen to the full extent of the financial quandry I was pushed into due to various factors.

 

 

This loan was originally with Ford Credit and nowhere in their agreement do they mention Link FInancial, Ltd. IS it legal for them to sell the debt to Link? Am I still liable for the debt? Yes and yes Its been Assigned but did you ever receive a Notice of Assignment from either the OC or the Assigee?

Also, more than fifty per cent of the original amount has been paid off. WOuld this help me in any way?

If its an HP agreement it would if they tried to recover the car but not with the debt

 

 

Regards

 

Andy

We could do with some help from you.

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No, I did not inform them

Well, they are trying very hard to recover the car.

And they're naturally going to slap the outstanding amount on me minus the selling price at auction.

Thank you for clearing that up.

Following submission of the N244 form, the court has decided to hold another hearing.

I was wondering if you could give me any advice regarding the defence that I can put up?

Any help or key points that I can use would be really appreciated!

Thank you.

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  • 3 weeks later...

If you could roughly draft your points that you would consider would add to a defence then we can smooth it off with a few tweaks.

 

Regards

 

Andy

We could do with some help from you.

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  • 2 weeks later...

"1. I have been unable to make the monthly payments of £50 as agreed at the last hearing due to the fact that the HMRC suddenly, and unexpectedly, reduced my tax credits by a substantial amount in June 2013. I had informed Link Financial, Ltd regarding this matter.

2. I have been unable to make the monthly payments of £50 as agreed at the last hearing due to the fact that the HMRC suddenly, and unexpectedly, reduced my tax credits by a substantial amount in June 2013. I had informed Link Financial, Ltd regarding this matter.

3. I had not received the notification from the court regarding the hearing on the 11th of September, 2013 due to the fact that it had been sent to my previous address. Also, I did not receive any notice from the claimant regarding this hearing.

4. With reference to my evidence given at the last hearing, I state that my circumstances have changed since the 1st of October, 2013 both on the personal as well as professional front.

5. My visa application for extension of leave to remain has finally been accepted by the UKBA; therefore, I am now able to work full time without restrictions. The primary reason for my unemployment has been the delay in processing my application with the UKBA.

6. The HMRC have reinstated the tax credit payments to the correct amount since October 2013.

7. With reference to evidence that I had submitted verbally at the previous hearing, I wish to inform the court that I now have a baby who is one month old. The removal of my car would put a severe strain on my family in terms of transport since my wife is asthmatic, and had undergone a slightly complicated delivery. Also, my son goes to school which is more than a walkable distance away from our residence.

8. I do not have access to any other vehicle and we do not have any relatives or family in Carlisle who can help us if the need arises.

9. I ask the court to allow me to make monthly payments of £50 towards this debt, as well as payment of the arrears which may be due since June 2013.

10. I have also been advised that this loan agreement had been with Ford Credit and not with Link Financial Ltd. Also, I have paid off more than 50% of the outstanding amount.

11. I request the court to kindly consider the fact that I am willing and able to make regular payments towards this debt, as well the fact that removal of the car from my possession will leave me and my family in an extremely difficult situation.

12. I will be able to submit a summary of my expenses and budget if this is required."

I am planning to take along the following documents to submit if needed:

1. Original hire purchase agreement with Fod Credit.

2. Budget sheet showing my monthly income and expenses.

3. My wife's payslip (not sure if this is needed; please advice. I'm not keen on dragging her into the picture, tbh.)

Sorry for the delay in posting this, but I would really appreciate any feedback on this.

Thank You,

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  • 3 years later...

What happened to the set a side ?

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I don't remember.

 

I have had a lot happen since that old post.

 

But now out of the blue, they have sent me this statement.

 

Come 2018, the account will be six years old since the last payment,

 

so Im guessing they are planning to reactivate collection etc.

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Well getting a statement is useful.....but you can forget the 6 year rule...if your thinking its statute barred.....not applicable to CCJs.

We could do with some help from you.

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Have you actually made any payments since the judgment ? What date was the judgment ? Has the judgment creditor tried to execute the judgment since it was granted ?

We could do with some help from you.

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No I have not made any payments since the car was taken away.

 

Before that I had made sporadic payments which were lower than the required monthly amount.

 

I just ran a credit report on NODDLE and it doesn't detail a CCJ at all against me. :-|

 

Normally this would make me happy but I don't understand....

 

The creditor had tried contacting me on several occasions via telephone, and would send a yearly account statement.

 

I have not responded to their calls or post.

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From the date of judgment ...not when the car was taken...but as you have stated you have made sporadic payments

 

Have you checked ....

 

https://www.trustonline.org.uk/

We could do with some help from you.

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I have not because it's a paid site. Is it any different than the info given on NODDLE?

 

Yes its the CCJ registry were all judgment are recorded.

We could do with some help from you.

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  • 9 months later...

(Sorry to have trailed off, but LIfe just takes over)

 

SInce the last post, I have found out that the CCJ was not from Link but from another "creditor", a private school admission thing from many years ago. (Thanks to Trustonline)

 

I now have £3533 outstanding on my Link debt, and the account defaulted in deecmber 2012.

 

Since it will be 6 years in december 2018, I am wondering whether I should contact them to try and partially settle

(at around £700 or so, since they have taken possession of the car sometime after March 2014)

 

the debt or wait and see whether LINK will go to court with it.

 

Also, would a CCA request be relevant in this case, as the debt was originally with FOrd Credit?

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so there is no CCJ and you cant remember what happened in court...

but you did goto court thought?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I went to court back in 2012 or 2013,

the car was taken from me sometime after march 2014 (i cant recall).

 

But the only ccj showing against my name on trustonline website is the one in relation to the private school payment

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had you paid more than 1/3rd

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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ah nov 2013 you said:

Also, more than fifty per cent of the original amount has been paid off.

 

so how did they get the car?

explain what happened?

did you agree to it and signed anything and hand over the keys?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...

Hello again,

 

I am not sure if more than half or more than 1/3rd has been paid off,

but I think I should be able to get this info from the account details on my noddle account?

 

They kept making phone calls,

threatened to send debt collectors to the door, etc.

 

One morning, this thuggish looking guy knocked on the door and said he has the right to enter the premises and take whatever is needed, etc.

I denied him entry and advised him I would ring the police,

at which point he said I can hand over the keys to the car and all will be settled later by the company.

 

I was at home with my children at the time,

and under the stress of the situation,

I dont think I recall being given any paperwork.

 

I handed over the keys, and the paperwork to the car and he drove off.

 

Link financial went totally quiet after that for a long time till they started again with their yearly statement.

 

Edit: I've attched a screenshot

Link.jpg

Edited by bitemarx
Attacing a screenshot
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oh dear you got had then.

 

and that's why ford finance sold it on to Link.

 

sar to ford credit time

 

lets get the truth of what happened..

 

in the meantime

NO phone calls

 

and simply post here if Plink send anything more

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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