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LIAM1234

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  1. I have told them that I wont be sending my signature and they are going to be sending me out my statements ect as i have now requested. What should they legally send me? As its in-house i have little doubt that they will be able to provide the necessay to satisfy my requests and as im keen to clear my debts am about to offer a F&F in the hope to settle the debt - do u have any advice on this? I have also told them (following your advice) that any info (if they are not happy to send to me direct without a signature) that they should send it to my local branch! They have sinced backed down on this request and seem to be co-operating with my request! However, do u have any advice on negotiating a Full & Final Settlement as I am hoping to obtain some money (not enough to satisfy all my creditors in full) and want to try and clear these debts if I can! Thanks! Your advice has been very helpful!
  2. Thanks for the info! I do acknowledge the debt from GE but not from Link and I think Link have added some charges (not interest but court fees and admin ect). Should I defend in part or full? They have responded to my CCA request sying that they do not hold that info but will be requesting it from GE and it could take up to 30 days - but they seem quite bullish and have gone to the Courts eventhough thay admit it wont be enforceable until thy receive this from GE. They have also threated me with CCJ's charging orders ect! I will be sending them a Account in Dispute letter now that the 12+2 days have passed but I must respond to this Court Claim within 14 days. I guess from the advice I have been given that I need to do the following: Send an Account in Dispute letter to Link Reply to Claim Form to the Court to defend in full or part (please advise) Have got some great words for defence from numerous posters to use but not sure whether I should be defending in whole or part? Send Link a CPR and see what they come up with? Any advice you can give from your own case would be of great help - thanks!
  3. Thanks for the great advice and for the defence letter - it is much appreciated! Just a couple of questions if you can help?: So ok just so that Im clear here are the steps that i need to take in order: Acknoledge the claim to the Courts- do accept the claim or defend in full or part? - Im guessing I have to send an embarresed defence and then send Link a CPR? Do I send Link an Account in Dispute letter after failing to satisy the 12+2 days limit? Should I know send them a CPR request? Where do I find CPR31.14 - is there a template letter somewhere? If hey do not disclose what do I then sent them and what will that mean? What will happen next? Please can you read my previous post above to see if you can advise me on what to do with the my partner recieving claim order and defaulft notices and letters fron Link and GE - even though they address her as being my wife (Mrs xxx (my surname)) eventhough we are not married? Thanks for all of your help!
  4. Thanks for the info! Do I acknowledge the debt or defend all or part? I do recognise the debt but am trying to negotiate F&F settlement but am guessing that all they will do is just waste my time in the hope i dont respond to the claim and they 'win' by default. They have not responded to my CCA request so now i will be sending them a Account in Dispute letter or do I need to do a CPR or both? The claim form does have a Stamp and a Case Number but will phone the Courts on Monday! However, I guess I must first acknowledge this claim to stop them winning by default (i have been advised its probably part of their plan). I have also been given some good advice on how to submit and embarassed defence whilst hitting Link with a CPR. Is this the way forward? If I go this route would this rule out any opportunity for a F&F settlement? As I have previously stated Im not trying to avoid this debt but am trying to agree F&F settlements with all of my creditors. I have the opportunity to obtain some money from a third party to try and clear my debts but it is not the full amount hence wh Im going for F&F settlements - other creditors have agreed or I am in negotiations with but Link have taken the Court route! Please can someone advise what I should do right now!: - Acknowledge the debt to the Courts - does that mean accept the Claim or defend in full/ part? - send Link a Account in dispute letter (as they have not responded to CCA Request?) - Send a CPR to Link following Court Claim? - Try and get a F&F with Link in writing? Also my partner has also been getting letters and has also received a Claim from the Courts although in the Account and all the letters her name is wrong - she signed using her name & signature on the orinal application form (eventhough she is not a homeowner - she lives here but is not on the mortgage and we are not married but they are addressing her as Mrs xxx (my surname) this appears on all correspondence, default letters and court claims! I did protest at the time as to why she had to have her name on the loan application as she wasnt going to be paying the loan (should have stuck to my guns now in hindsight). Do I need to repsond on both our behalfs or do i need to get Link to wipe her out of the claim seeing as the name is wrong ect? I dont want my partner dragged into this and dont want her chased for any debts but i do find it strange that all correspondece (we get seperate letters) she is addressed as Mrs (my surname) although we are not married and she didnt sign as Mrs (my surname) - confused?? Sorry for the long winded reply I have had so much advice i dont know what to do 1st or whats the best thing to do? Please Help! Thanks
  5. Pinky Thanks for all of the advice! Its getting very close to the 12+2 days for satisfying my CCA request (eventhough they stated that this could take up to 21 days to satisfy this request). Should I now send a reminder or when the time passes a letter stating that 'this debt is now in dispute'? In reagards to the CPR rules - how do i properly request a CCA? What happens if they then do not supply the original copy? I thought that the CCA request would suffice for this? Please explain and I apologise for my lack of knowledge on this and ask for your or anyones help! Thanks so much for your advice and please can you tell me how I can donate to this site as its been a great help so far and continues to be so?! Thanks!
  6. To all I would appreciate any help anyone can give on this issue as I have just received a Claim Form on behalf of Link Financial via Northampton County Court Bulk Centre (CCBC) and I apparantly have only 14 days to respond! Here is a bit of the background: After receiving the notice from Link that this GE Debt had been purchased from GE Money I then started getting the letters that increased in their threat level. Following advice on this site I CCA'd them and they said that they do not hold this documentation but would be requesting this from GE Money but that this could take up to 30 days (not the 12+2 that I am lead to believe that is required by law?) This is just about to pass and I was just about to send them a reminder or a 'this account is now in dispute' letter' but then this Claim Form arrives at my door with 14 days to respond to the claim! Link have still not come up with the original CCA but as I have stated I have just been served Claim Form from the Northampton County Court Bulk Centre (CCBC) in which I have 14 days to respond. I have spoken to them and they admit that until they receive the CCA they cant enforce this claim but that them not having it does not stop them from proceeding with Court action. They seem very bullish that GE Money will be able to give them the CCA - they have even threatened to place a Charging Order onto my property (alas no equity and they wont get a penny that way - should I tell them that?). Trouble I have now is I can get my hands on some money to offer F&F to all of my creditors in the hope that they will accept this discounted F&F but with only 14 days to respond what do i do? I cant claim aginst them Do I acknowledge the debt I cant pay it off in full now Asking for more time wont help at all If i do not respond to this claim then judgment will be entered aginst me - if i accept the claim then I have no hope of them accepting a F&F i guess?! Any quick advice on what I should do or where I stand legally would be of great help! Should I just offer them the F&F and see what happens? Not doing so seems a risk as now it seems that instead the onus being on them producing a CCA in time I now have to react to a Claim within 14 days! Any advice would be much appreciated! Thanks!
  7. Jed & to all that can advise! Link have still not come up with the original CCA but I have just been served Claim Form from the Northampton County Court Bulk Centre (CCBC) in which I have 14 days to respond. I have spoken to them and they admit that until they receive the CCA they cant enforce this claim but that them not having it does not stop them from proceeding with Court action. They seem very bullish that GE Money will be able to give them the CCA - they have even threatened to place a Charging Order onto my property (alas no equity and they wont get a penny that way - should I tell them that?). Trouble I have now is I can get my hands on some money to offer F&F to all of my creditors in the hope that they will accept this discounted F&F but with only 14 days to respond what do i do? I cant claim aginst them I acknowledge the debt I cant pay it off in full now Asking for more time wont help at all If i do not respond to this claim then judgment will be entered aginst me - if i accept the claim then I have no hope of them accepting a F&F! Any quick advice on what I should do or where I stand legally would be of great help! Thanks!
  8. Thanks spamhead! What charges can be reclaimed? I understand that this debt seems to be still in-house with D&G soliciors who act on behalf of HSBC. I have told them that I wont be sending my signature and they are going to be sending me out my statements ect as i have now requested. Wha should they legally send me? As its in-house i have little doubt that they will be able to provide the necessay to satisfy my requests and as im keen to clear my debts am about to offer a F&F in the hope to settle the debt - do u have any advice on this? Thanks!
  9. I have received a reply thanking me for my request but that in order for them to progress this request they need my signature so to resend the reuest but to sign it!! From reading other posts on this site they do not need my signature at all and will probably just use it to fake a copy of a signed agreement! Can someone advise why they might be asking for a signed request and also how should I respond to this request from them? Thanks
  10. The terms were interest free at the time of inception and they dont seem to be adding any extras at the moment! However the fact that they have purchashed this debt and dont have the original CCA is quite encourging! I guess its just a waiting game to see if they come up with the goods or should i send them a F&F offer as i'm keen to settle my debts but only a limited resource to try and settle all of my creditors
  11. Jed thanks for the reply! What do you mean when not to use s77-79 for cca requests? Is that them in the wrong for stating s77-79 in response to my CCA Request or me for stating s77-79 in my CCA Request itself? Where do I find this info on 'when not to use s77-79 for cca requests' sorry am new to this please be patient! Thanks for all of your help!
  12. Thanks for the info Jed - I read on here that Link have gone to court without a CCA thats what got me worried. What should I do if they do produce the CCA? If they dont (coz I would like to settle these debts) should I offer them a (low) F&F in the hope that they would accept without a CCA?
  13. Hi Hillesden Securities Ltd have replied to my CC request aknowledgin the receipt of payment of £1 in connection woth CCA Request. They have stated the following: "We are still awaiting a copy of the requested documentation from our client (Argos) When this becomes available it will be forwarded to you. If we are unable to forward a copy of the original agreement, we will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974. I will update you on developments in 21 days if there are no developments beforehand." Please can anyone advise on the following: What do they mean they will be able to supply a true copy of the document which will comply with section 77-79 of the Consumer Credit Act 1974 if they cant forward a copy of the orignal agreement? Is this enforceable in Court? 21 days is after the 12+2 days for the CCA Request so what do I do if it passes this date? Im in a position to offer a F&F settlement - should I wait for the outcome of the CCA or should I offer now? Any advice would be of great help! Thanks
  14. Hi Have received a 'Letter before Action' in the post from Link stating that County Court proceedings will now be issued without further notice and that they shall obtain and enforce a CCJ against me. I took some advice on here and CCA'd them. I have now received a letter back stating: "As you are aware Link Financial purchased your debt from GE Money on (said date) and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from GE Money and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide." I take it that from this letter that: Court Action will not be enforced until the CCA Request is satisfied? Is this right? 30 days is well past the 12+2 days as required by law - what do i do if it passes this time? Can they still pursue this claim if they fail to met this deadline? If they do produce the original CC what should I do as I am in a position to make a Full & Final Settlement. If they fail to meet this deadline or to produce a copy of the CC does that give me extra bargaining position to offer a lower F&F or make it more likely for them to accept one? Should I just send them a F&F offer now? Should I contact them now to ensure that they do not enforce Court Proceedings without satisfying the CCA request? sorry for so many questions - so much going on in my head about the right thing to do! Any advice would be a great help! Thanks
  15. Hi I have received a letter from D&G 'acting on behalf of HSBC' in regards to demands for full repayment of the overdraft that I had with HSBC. They have given me 14 days to provide full repayment before they take legal action via the County Court. I have CCA'd them via recorded delivery with £1 Postal Order (not sure if CCA Request is the right thing to do for an overdraft). I have currently heard nothing (although its only been a week). Am now concerned that they will initiate Court Proceedings - can they do this as I have CCA'd them? Should I speak to them on phone about this? Also I am in a position to offer a F&F settlement offer (have the template already) but now getting worried that if I wait too long for the CCA it might end up in Court before I can make an offer. Should I: - Speak to them on the phone in regards to the CCA - Just wait for the CCA - Offer F&F in writing now - send them an SRA - whatever that is? Please help!! Thanks
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