C.C.A. turned up after 12 months???

[bigal9ball]

HI,

Im gonna fax the county court in the morning stating that i havent recieved the information i requested within the stated time? Could anyone help with the letter i am sending please ie; how to word it properly etc-many thanks,

 

regards-BIG AL

[Goldlady]

This was what we said - edit as needed:

 

Fax to our local County Court

 

March 2008

 

Claim Number

 

CL Finance Ltd v Goldlady's OH

 

 

The claimant has still not responded to the defendant’s Subject Access Request dated December 2007, which was requested under s7 of the Data Protection Act 1998. A copy of that letter, together with a reminder sent today follows this fax.

 

Apart from the missing statements previously notified to the court the defendant has not at any time received a notice of assignment of the debt from the original creditor. Additionally in a letter dated April 2007 the claimant confirmed that the assignment was not absolute by refusing to accept responsibility for charges on the account and requesting that the defendant refer back to the original creditor, GE Money.

 

In view of this the defendant wishes to put the claimant to strict proof that they are the absolute assignee of this debt and therefore have the right to issue proceedings.

 

A vital part of the defence is the Payment Protection Insurance applied to the account. The defendant estimates that this accounts for at least 50% of the outstanding amount however cannot give an accurate calculation of this figure due to the absence of statements for the 26 months between xxx 2004 and xxx 2006. Additionally no record of payments made during that period can be provided, therefore the defendant cannot be certain that all payments made have been allocated to the account.

 

In view of the above the defendant respectfully requests that the court considers issuing an ‘unless order’ whereby if the information requested in the defendant’s legal request dated xx December 2007 is not supplied to the defendant within seven days that the claim be struck out.

 

 

Goldlady's OH

March 2008

[bigal9ball]

Thanks Goldlady youre a star

[bigal9ball]

Hi Goldlady,

I sent the fax off to the county court on monday stating that link financial had not complied with my request for information to provide a defence within the 14 day time limit that i had given them! But in the meantime the information has arrived from LINK comprising of a copy of my original CCA, a letter showing the sale of my debt and a statement of every payment ive ever made on the account!

Whats my next move?

Can i have them for not providing the info within the 14 day time limit?

What will be the courts next move?

Im getting very worried that the court may just side with LINK and make me pay the full amount which is nigh on impossible at the moment!

[Goldlady]

OK so now we need to look at the reason that you still owe them so much.

 

My thought is to to a counterclaim for all the charges and interest on them.

 

Can you work out how much you have been charged from what they have sent?

[bigal9ball]

Hi Goldlady,

Ive had a scan through the statements and it seems ive got 2 accounts? one for the original £1000 and one for the £139 loan protection plan we took out over the 10 yr term of the loan? So ive been getting charges and interest on 2 accounts(which i was not explained would happen at the signing of the original CCA!)

Can i e-mail you the statements as you will understand them better than me.

regards-BIG AL

[bigal9ball]

sorry goldlady my scanner is playing up! i"ll have to wait till monday now till i can get to a friends house-sorry again

[KER]

Hi goldlady,

Thanks for your help- we paid the loan every month and when we split up i carried on the loan monthly myself-the only time i havent paid is when i read on this website about applying for a copy of CCA-because it took them 12 months to produce it i didnt pay anything during this period?

 

regards-BIG AL

 

 

My nosiness is going to get the better of me...

 

Did you have any reason to believe the agreement was not legal then?

 

(Just because most of us who are doing the CCA route are in the hands of the dastardly debt collectors already and having problems!)

[bigal9ball]

Hi Goldlady,

Ive been really busy in last fortnight or so dealing with a speeding charge i was facing and having to go to court about and which i was contesting(CPS dropped the case due to lack of evidence!)that i put the LINK case on the back burner-to my horror i received a letter the other day from Northampton County Court stating they had awarded judgement to the claiment? The only thing is there is no mention of my name anywhere on the letter? It is addressed to my ex and her name is the only one on the letter?

Any help?

regards-BIG AL

[Goldlady]

Did you not put in a defence, or state that you intended to defend? At the very least it should have been transferred to your local court. I will not be online properly till tomorrow. Was the claim against both of you? At the same address?

[tinkerbell20]

They are now threatening me with court action - here is a copy of my CCA that they sent me 12 months after I requested it:

 

 

 

This agreement is unenforceable. Can you update where you are with this?

[questioning]

Originally Posted by Tinkerbell20 This agreement is unenforceable. Can you update where you are with this?

 

Hi Tinkerbell20,

Just wondering why you think this agreement is unenforceable?

Edited August 16, 2008 by questioning

[bigal9ball]

Hi Goldlady,

Yes i sent a fax to the court like you advised me too and received a nice letter off the court stating that they had received it and that LINK had so long to respond with the relevant information that i had requested!

Like i said the next thing i know a letter came to my old address with just my ex"s name on it? Come to think of it the original county court claim did come in seperate envelopes with each of our names on it? Obviously because i no longer have any contact with my ex or know where she lives i just put her letter on the side? Do you think because i havent responded to that letter at all that they are trying to be crafty and get the judgement against her alone because i havent received a thing off the court since their letter stating that they had received my fax?

Im starting to get a bit worried because i dont know my next move and i certainly dont have the £1510 that LINK are demanding!

regards-BIG AL

[questioning]

Hi BigAL,

In my case my husband and I got sent seperate claim forms for the same joint account, (We are together by the way) although they were seperate they had the same claim number.

In this case if I had of defended in full and say my husband hadn't bothered to defend then a judgment by default would have been entered against us. So in these circumstances you both need to defend. This information was given to me on the telephone from the court, not from this site.

[tinkerbell20]

Originally Posted by Tinkerbell20 This agreement is unenforceable. Can you update where you are with this?

 

Hi Tinkerbell20,

Just wondering why you think this agreement is unenforceable?

 

Because the PPI has been included in the total loan figure

[Goldlady]

Sounds as if you are right about them getting a judgement against the ex. Presumably this is at your address. But if you genuinely don't know how to contact her then they can't really do much. I am not sure what you should do now, but hopefully someone will be able to help...

[mr.ton]

Even if it is enforcable..you can only repay what you have left over after all your essential outgoings are taken into account

[bigal9ball]

Ive heard nothing from LINK since i sent off the letter requesting further information off them! Until that is a letter dropped on my doorstep from Northampton County Court this week stating that i have to appear in my local court in barnsley and there is a form attached to submit a defence by 13th november? I"ll be totally honest and tell you i dont know my next move and would apprieciate any help or guidance you could give me-I do seem to remember somebody on here saying that my CCA was unenforcable due to the PPI being added to the loan? And after checking all my statements it does appear that i have been paying interest on 2 seperate accounts! one for the loan and one for the PPI.

regards-BIG AL

[bigal9ball]

Hi All,

Any help or advice would be greatly appreiciated as i dont want to turn up at court empty handed and let LINK FINANCIAL walk all over me!

Do i have a case with the un-enforcable CCA because the PPI was added to the loan?

regards-BIG AL

[bigal9ball]

HI ALL,

Would really appreciate some help with what to put in allocation questionnaire which the county court has sent me and needs to be returned by 13th nov.

thanks-BIG AL

[Goldlady]

BigAl, can you give a brief re-cap of what is happening now and a sequence of events. It will be easier for me and anyone else who might be able to help you without reading back four pages.

 

I know you are defending a court claim from Link and that the CCA which is posted above is potentially unenforceable due to the PPI being added into the opening balance. You have until around 4th January to get a defence into the court, presumably this means you have sent certain documents to the court - can you clarify?

 

If I can't help I will find people who can.

[bigal9ball]

Hi Goldlady,

And thanks again for offering to help me i am really worried about whats going to happen in court!

All i have received off the courts so far is a letter asking did i want to put in a defence against Link Financial and i said yes and filled in an allocation questionaire that was attached to the letter and sent it back.

The next letter i received from County Court read ; Unless the 2nd defendent files an allocation questionaire by 4pm on the 1st dec 2008 the defence or counterclaim will be struck out and the claiment will have permission to enter judgement against the defendent for the amount of its claim,interest and fixed costs!

I then phoned the County Court to explain that i have no contact whatsoever with the 2nd defendent and they said to ignore the previous letter and that they would send out a new one-which i have since received and is the one that has given me a county court date of 20th jan 2009

 

regards--BIG AL

[Goldlady]

How much are they claiming and how much do you reckon was paid off? I have just had another look at the alleged agreement and it seems you would have had to pay £2889.60 to borrow £1000. And it was from eight years ago. I think the PPI has to have a bearing on your defence but need to know more. Link can be fought off as mostly they buy borderline unenforceable debts and they know this.

[Goldlady]

I will have a think about this and come back to you tomorrow.

[bigal9ball]

Thanks Goldlady,

I now have access to a fax machine at my partners workplace so if you tell me what you need i"ll whizz it across as soon as i can.

regards-- BIG AL