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.

What legal reasons do you gave for setting aside the judgment?

A change in your financial circumstances is not a valid reason to set aside the judgment IMO.

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?

Did you notify the court and the claimant of your new address?

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?

Regards

Andy

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.

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

"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,

LINK have sent me a statement. Is it possible to write off this debt?

What happened to the set a side ?

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.

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

So the only way is to pay it off?

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 ?

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.

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/

I have not because it's a paid site.

Is it any different than the info given on NODDLE?

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.

(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?

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

but you did goto court thought?

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

had you paid more than 1/3rd

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

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

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