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Advice needed please re:Link


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Hi Guys,

 

I have been following this forum and have to say that it is incredible to see the level of support given by so many people.

 

I have an issue and hope someone has some knowledge and can advise me please.

 

I had a credit card with MBNA (through Abbey National) and lost my job meaning that I couldn't pay them the installments required. I'm afraid it wasn't a good period and communication broke down with MBNA leading to them selling the debt to Link.

 

I had no contact from link until November last year, when out of the blue they called, demanded double the debt and that if I didn't pay there and then they will take me to court and obtain a charge against my home.

 

I begged and pleaded with them and made an offer of a hundred pounds a month to which the lady said no. The best she would allow would be for it to be repaid over 5 months. I had no option (I thought) to go along with this and made a pay the next month of 20% of the amount.

 

They then started phoning and would constantly threaten the charge being placed.

 

The next month they contacted me and said they wanted an installment and I asked them to hang on as I was waiting for funds and that they can tell that I am sincere in that I paid 20% off almost immediately.

 

They said no and issued a summons via Northants Bulk Centre. Following advice from this form I sent the template letter requesting CCA, a full statement indicating how the debt had doubled and also a list of all correspondence that they claim to have been sent to me.

 

I decided that I should also obtain legal advice from a solicitor who looked into the matter. Almost, 6 weeks later I have not received any documentation required and have had an adjournment for the solicitor to be able to mount a defense, which can only be done if they provide the evidence.

 

Link claimed to have sent the statement a week ago and nothing has arrived with me or at the solicitors yet.

 

My question is that the solicitor has advised me that the 12 working day CCA request rule does not apply if requested after the issue of a summons.

 

Can anyone tell me if they have had experience of this please and if this accurate?

 

At this point we are about to request a second adjournment whilst Link get the basic documents requested together!

 

Many thanks to anyone who can shed some light on this.

 

Mr H :-)

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Hi There,

 

My first thought to what your solicitor has advised is "what?".

 

A properly formatted CCA request is a formal request for a true copy of an alleged agreement, no matter where you are in a court process.

 

 

No agreement - complete defence.

 

 

I hope that someone else will be along to confirm what I say or put me in my place!!

 

 

Cheers

 

 

Pj41

 

my other thought is after 6 weeks of not sending you the documentation fill in a defence stating that fact. Link are in default and have commited an offence (assuming your request was properly formatted and you sent the fee - £1). There is loads of info in here keep reading

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Hi Mr H

 

You don't say when the court claim was issued, but you need to make sure you acknowledge the claim within 5+14 days of the date of issue, and when doing so state that you intend to defend the claim in full (presuming that is what your intentions are given the fact that no documents have been forthcoming).

 

You then have further 14 days to submit your defence.

 

If you don't acknowledge within the permitted time, then there is a danger of you having a judgement by default entered against you, ie they win.

 

Rob

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