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    • Apologies dx100uk  I did not put the answers in red  Thank you all for your patience. H
    • Which Court have you received the claim from ? Northampton  Name of the Claimant ? Overdales solicitors  How many defendant's  joint or self ?  Self Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.  13 may 2024 What is the claim for – the reason they have issued the claim? the claim is for the sum of £6163.61due by the defendant under an agreement regulated by the consumer credit act 1974 for hsbc uk bank plc. Account 4546384809766042. The defendant faild to maintain contractual payments required by the agreement and a default notice was served under s 87(1)  of the consumer credit act 1974 which as not been compiled with. The dbt was legally assigned to the Claimant on 23/08/23, notice on which as been given to the defendant.  The claim includes statutory interest under S.69 of the county courts act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £117.53 the Claimant claims the sum of £6281.14. Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ?   Not to my knowledge. Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred?  No Do you recall how you entered into the agreement...On line /In branch/By post ?  Online but it was for a smaller amount they kept on increasing this with me asking Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  It was assigned to a debt collection agency  Were you aware the account had been assigned – did you receive a Notice of Assignment? yes  Did you receive a Default Notice from the original creditor?  Yes I also made offers to pay original creditor a smaller amount but was not replied to Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ?  No Why did you cease payments? I was made redundant and got a less paid job I also spent some time on furlough during covid and spent some 3 months on ssp off work. What was the date of your last payment?  May 2021 Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes at the time I communicated with all my creditor's that I was running out of funds to pay the original agreements once my redundancy money ran out that was when my accounts defaulted. I then wrote to all my creditor's with pro rata offers of payments but debt collectors took over the accounts.
    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
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link international being stroppy


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hi just had a stroppy phone call from link demanding money from a debt from ge money have they a right to pursue this as i dont have a credit agreement with them its with ge money please help

thanks gerrard14

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Hi gerrard14

have you had anything in the post from GE saying they have referred the debt to Link? Have Link written to you before the telephone call today?

I think you need to add a little more information so that the good peeps on here can help you.

 

Welcome by the way :)

 

pennny P

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got another phone call today and told them i would only deal with them by letter and he got a bit stroppy saying that i owed link financial alot of money.the letter i got of them today says on top SALE OF YOUR DEBT. It also says that ge capital bank limited assigned to them the benefit of the debt.as a result of this assignment your debt is owed to us. HELP. Ive sent of a letter asking for a cca.it also says if they dont receive full payment within 15 days we may choose to pass your account to a debt collection agent or solicitor.WHAT DO I DO NEXT.do i wait to see if they send me a copy of the cca which i know they cant as i dont have one with them

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ive not been telephoning link they phoned me.the debt they are chasing is for a car i had on hp i bought the car for £6000 and was paying £210 a month for it when i got into financial difficulties due to being self employed

i paid roughly about 28months out of 48 when i got into difficulty and didnt pay for nearly 4 months and ge money said i had 3 choices pay the arrears.give the car back or it will be repossed,i decided to give it back and thought that would be the end of it.then about 2 months later i got a letter saying i was behind on my payments.i phoned ge to find out was going on and they said that they had sold the car at auction and i still owed over £3000 which they thought i would start paying the monthly payment again now i get a letter from link saying sale of debt and they r asking for the full money owed

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no, not that way .

 

you cc will still exist if the debt has been taken over by another company. Thebut all the rights onclusing the cca

 

wait to see what they send

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just found the agreement from ge money that if they terminate the agreement the amount you would have had to pay to us under the agreemant if it not been terminated less any rebate charges to which i am entitled to and less the net proceeds they receive for the car as i got behind with payments they charged me but i never asked for any rebate so now i can ask them for a sar cant i.As i had paid over a half of the money they would have needed a court order to get it back ,but i voluntary terminated the agreement but they said i couldnt because i was behind with payments but when i got the letter to sign to give car back it said on the top voluntary termination what do i do now please

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just got letter back from link saying as you are aware LINK FINANCIAL purchased the debt from ge capital woodchester and we do not always hold the cca documentation they said they have requested a copy from ge capital and look forward to sending you this in the future and they say it could take upto 30 days.they also say if it costs them to get the documentation they will pass the charge onto me. they also say that they have put the account on hold for 14 days.

since they have purchased the debt from ge capital am i still liable to pay this debt if they can get a cca from ge capital as i dont have a cca with link it was with ge capital and with them selling it will they have closed the case wont they

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Hi gerrard14,

 

Firstly please try not to worry, at this stage you could be liable for debt but you will almost certainly have unfair charges levied against the account with which you will be able to counterclaim.

 

If you get another call from Link, refuse to go through the security questions, they then cannot speak to you about the account due to the fact that they must know that they are speaking to the account holder.

 

Thirdly NEVER PHONE THEM, you need to look at this from their angle, all they want is to get you to pay, whatever your circumstances, so they will bully you, twist your words and generally try to make say things or commit to things that you would not do ordinarily.

 

Finally, you have a reply from them saying that the account is on hold for 14 days. So wait and be patient, when they send the agreement get it posted on here to give others a chance to tell you if it is enforceable.

When this has happened then you will be in much stronger position to make your next move.

 

Hope this is a help

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

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