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Help needed please! CCJ's GE money via LINK.


deb4tlj
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How about throwing something along the lines of this off to them

 

i feel it is strong enough to point out the flaws in their case and one would hope that they will give serious consideration to the points outlined

 

i am of the belief that their case is seriously flawed for the reasons i have outlined

 

i hope this helps

 

Kind regards

paul

Many thanks for this Paul, I'll amend to suit and send off first thing in the morning via Special D. The local TS rang me back today and they want to see all the paperwork pertaining to this case tomorrow afternoon - sounded like they're not real happy with the way Link have handled/done things so I'll let you know how that goes. :)

"Never annoy a redhead - especially when she's a member of CAG!"

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Hi

 

i think that should be enough ammo to fillet their donkey

 

you need to add dates and figures etc.

 

im glad peter has looked over this as he is pretty much the oracle on credit agreements,what he doesnt know isnt worth knowing;)

 

im glad youve got TS involved as well, they may be a help

 

i hope you are feeling better soon too.

 

dont forget to send it special delivery though EDIT:- i should learn to read properly before posting because you said that you were gonna send it SD

 

regards

paul

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Thanks Paul love, I do appreciate it. Been feeling rotten with the flu and hubby's back surgery seems to have gone horribly wrong so not been a good week all round I'm afraid. :(

"Never annoy a redhead - especially when she's a member of CAG!"

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oh dear, well, lets hope this letter does the trick,

 

i have discussed this case behind the scene and we came to the conclusion that there were a few critical errors with the documents they sent, so i sat down and put it all into a letter

 

hopefully they will realise that the faults are serious enough to get the case thrown out of court and give up

 

still i hope you and hubby feel better soon

 

Regards

paul

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HI

 

Yes i have to go into hospital every other day to dialyse,it gives me a chance to catch up on my reading but makes it difficult to keep upto date with correspondence.

 

Any way

 

According to the OFT if an agreement says it is cancellable then it is to be treated in exactly the same wasy as any other cancellable agreement which means all the details itemised in the regultions(19883/1553) should be followed together with the requirements for inclusion of the information in all copy docs as per sections62 63.

The APR works out at

21.51% the allowable tolerence according to the TCC regulations would be any where between 21.4 and 22.6

 

Best regards

Peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Hi

Just for future referencs as creditors always seem to think it is up to the creditor to prove that they didn't recieve copy docs here is a piece of case law that comes in handy make sure you read it right through there is also some interesting points regarding signatures

 

Anglo Leasing Plc v Pascoe & Anor [1997] EWCA Civ 895 (31st January, 1997)

 

Best regards

peter

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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well, firstly, im initial thought was, they have a duty to supply cancellation details . now if say if i made a section 77(1) Request under the CCA,they have to supply a copy of the agreement and any documents referred to in it, so since there is a reference to cancellation rights they would need to supply details of such

 

i will need to have a think on this and maybe we could do with a few opinions just to get a broad consensus

 

regards

paul

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can i ask, is their assumption that there is a tear off strip that shows you how to cancel?

 

obviously since they have supplied a copy of the agreement one would expect it to be attached

 

if you can confirm this for me that would be great

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ok , further to my last post, ive just read the agreement, and it states cancellation details will be sent by post. now the only tear off slip i can see is a piece that says about the direct debit? i see nothing about cancellation rights so it seems this Mr Francis needs to go to spec savers

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Paul, haven't the shot themselves in the foot here by admitting they have only bought the benefit of the debt. That would make the assignment equitable? Not abosulte as they would have to accept the rights and duties i.e. liabilities as well if absolute? If that is the case from what is stated in the letter it a pure addmission of equitable assignment.

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do you know what,

 

youre spot on

 

it is an equitable assignment, as a result, im fairly sure im right in saying that they arent entitled to this action in their own name.Deb4tlj can you confirm for me please just so its clear Who is listed as the claimant on the Claim forms

 

however, we must bear in mind that the court has extensive case management powers so it could be the case that the judge could simply add the OC to the mix

 

however it all adds up

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do you know what,

 

youre spot on

 

it is an equitable assignment, as a result, im fairly sure im right in saying that they arent entitled to this action in their own name.Deb4tlj can you confirm for me please just so its clear Who is listed as the claimant on the Claim forms

 

however, we must bear in mind that the court has extensive case management powers so it could be the case that the judge could simply add the OC to the mix

 

however it all adds up

 

Hey Paul love. Sorry didn't get back to you sooner. The Claimant on the claim forms from the court is Link Financial Ltd. No news yet from the TS - said they were looking into charging for the defaults.

"Never annoy a redhead - especially when she's a member of CAG!"

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Hey Paul love. Sorry didn't get back to you sooner. The Claimant on the claim forms from the court is Link Financial Ltd. No news yet from the TS - said they were looking into charging for the defaults.

Thats not a problem

 

right so claimant is link, the assignment from my understanding is equitable so they would need the original creditor to be included in the claim as they have not right to action in their own name

 

thats my understanding anyway.

 

 

now onto our friend at link,

 

am i right when i say that at the bottom of the credit agreement they sent you,its only a direct debit mandate? they seem to be saying that cancelation rights were on the bottom of the form,which clearly they arent from what i can see on the form youve uploaded

 

at the end of the day, we have to convince the judge that we are right, and they are wrong. that shouldnt be too hard i hope, however we will need to get you up to speed on the issues involved in this case (if you aren't already)

 

 

their arguement is rather flawed in many respects, and they appear to be trying to appeal to your conscience by saying do you deserve to keep the benefit of the goods blah blah blah

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Okay, so what do we need to do now? As far as the goods are concerned they can happily have them back as the guarantee is useless now Coldseal have gone bust and the windows are crap and badly fitted, leaking and condensation so yeah, they can have them back if they're gonna fit some good ones!!!!!!!!!!:D And yes, it was only a direct debit mandate at the bottom.

"Never annoy a redhead - especially when she's a member of CAG!"

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Hi there,

 

well , it seems that writing and arguing the toss with them is futile

 

so maybe a curt letter pointing out their most recent failings in their observations and pointing out that you had tried to negotiate with the OC and they became all silly

 

in addition the assignment is flawed but lets not tell them that now,because they could rectify it and add the OC to the claim and carry on regardless

 

the point they raised about bringing this to their attention now after 3 years is utter nonsense

 

bear with me and i will draft something

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Okay, so what do we need to do now? As far as the goods are concerned they can happily have them back as the guarantee is useless now Coldseal have gone bust and the windows are crap and badly fitted, leaking and condensation so yeah, they can have them back if they're gonna fit some good ones!!!!!!!!!!:D And yes, it was only a direct debit mandate at the bottom.

 

 

 

Have not read through your thread so may be repeating something, but is just a thought, If the window company arranged the finance, are the finance company not equally liable for faulty workmanship?

Capitalism is the legitimate racket

of the ruling class.

Al Capone

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now theres a thought

 

TMM you have a valid point there

 

however it has only just come to light that the windows were poorly fitted

 

there may well be a potential breach of contract claim here, but that would need an independent expert report and a counter claim being issued etc,

 

i think such would really require a qualified professional to deal with and it may be worth taking this to a solicitor under a free 30 minute consultation to see if they think there is a case.

 

you may be able to get assistance with the costs or may be able to get a no win no fee contract

 

infact you may even be entitled to legal help as a result of your home insurance policy

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well, i would be inclined to seek guidance from a solicitor and see it the case has prospects of success. a 30 minute consultation would of course under normal circumstances be free anyway so nowt to lose

 

 

i would personally be happy to argue this incourt but we must always remember that it will be the OP and not us that will be stood in the court room

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i have been pondering this, and im not sure what is the best way forward

 

they are not entitled on my understanding to action in their own name so would need to include the OC in this to have a legitimate right of action .

 

they are also jointly liable well the creditor is, for the goods, so there may well be an issue that since the windows were not fitted with reasonable skill and are not if im reading you right, fit for purpose among others , then there may well be a claim here under s75 CCA 1974 for the cpost of putting the cruddy windows right

 

when is this case due to be heard? do you have a date for a hearing yet?

 

i will run this by some other people to get an opinion

 

regards

paul

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i have been pondering this, and im not sure what is the best way forward

 

they are not entitled on my understanding to action in their own name so would need to include the OC in this to have a legitimate right of action .

 

they are also jointly liable well the creditor is, for the goods, so there may well be an issue that since the windows were not fitted with reasonable skill and are not if im reading you right, fit for purpose among others , then there may well be a claim here under s75 CCA 1974 for the cpost of putting the cruddy windows right

 

when is this case due to be heard? do you have a date for a hearing yet?

 

i will run this by some other people to get an opinion

 

regards

paul

 

Not heard anything from the court as yet so have no idea when/if it's due to be heard I'm afraid.

"Never annoy a redhead - especially when she's a member of CAG!"

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Maybe you should ring them

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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