Link Financial urgent help

[scorpio]

I have been working on my partners debt with Land Rover now passed to link financial, I asked Link for a CCA and they sent us one but with incorrect details and dates on it. I asked them for the correct CCA for the right vehicle and the right dates and they cannot supply this. There are now taking it to court using the incorrect CCA as evidence, I have spoke to there litigation guy (Stephen Ross Thomas) and he says there are going to take her to court and if they have the wrong CCA they will go for a money setllement.

 

What should I do and how do i file defence.

 

Please

[42man]

OK....what stage are you at right now with this ? Have you acknowledged the claim online (which must be done within 14 days of the date on the claim form) ? I presume you are going to defend ?.....can you give us the Particulars Of Claim (without being too specific)

 

Send this to the opposing solicitor by recorded delivery ASAP.....don't hand sign it either....

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

CPR 18 - REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[scorpio]

No I have not acknowledged the claim on-line yet as I do not how to.

 

The claim is as follows

 

we brought a vehicle from Land Rover with a Balloon payment at the end of it or a guaranteed buy back price, due to redundancy we went behind by two months with the payments as the insurance company neeed paperwork to pay out.

 

Link took over the case as soon as the final payment date came about and demanded eith more payments of £300+ a month or reposseion ( no buy back was offered), I asked why we was not allowed to return the vehicle to Land Rover for the guaranteed buy back and was told "we have brought your debt as you was late with payments". I immediatley asked them for a CCA and they sent one out this was for a incorrct vehicle that we had already returned to Land Rover.

 

I pointed this out to them and asked for the correct agreement and they do not have or cannot find one.

 

This morning we received there witness staement and a copy of the incorrect agreement which has been submitted at court.

[42man]

You have to acknowledge the claim within 14 days of the date on the claim form....you then get a further 14+3 days to submit a defence....

 

What are the Particulars Of The Claim ?

 

What is the date on the claim form ?

[scorpio]

Particulars fo claim are An order for specific delivery of goods and monies due under an agreement.

 

Date 4th September

[42man]

Jeepers....ring up the court ASAP....or see if you can log in.

 

Do I take it you are defending this ?

[scorpio]

yes I want them to either take the vehicle back as full and final settlement (which they wont do), or admit they do not have a agreement and give us the chance to make a private sale.

[42man]

Thing is you can't ignore the claim !!! otherwise they will get judgment by default...(that is unless you defend it)...

[scorpio]

okay I have written a statement of defence below is what we have wrote is it any good for court

 

 

 

September 25th 2008

 

 

Statement of Miss

On the 24th July 2008 I wrote to Link Financial asking for a copy of the Credit Agreement No: 194***** under the Consumer Credit Act 1974 (sections 77-79) (copy enclosed).

 

A response was received from them with a copy of an agreement numbered 194***** on the 29th July 2008 (copy enclosed), this agreement was signed by me but related to a vehicle registration number BJ 05 ***that is now back in the possession of Land Rover.

 

The letters I have received from Link Financial refer to a vehicle registration number BG 55 ***, the termination notice of 21st July refers to agreement 194***** (as above) and the said vehicle on that agreement is back with Land Rover. Link Financial have asked for possession of vehicle number BG 5***in their Termination Notice (copy enclosed)

 

I have since written to Link Financial asking for them to supply the correct CCA as per the Consumer Credit Act 1974 and as yet they have failed to do so. Therefore I am holding this account in dispute under Section 77-79 of the Consumer Credit Act 1974 until such time as the correct agreement is received.

 

This is a true copy of the situation as it stands today 25th September 2008.

 

 

 

 

Full account details and reg numbers removed for forum.

[scorpio]

hope the above statement is ok as it needs to be posted to the courts tomorrow, as for on-line I tried and it needed a password and account number that should be on the N1 well I have the number but no password.

[scorpio]

Went to court today and made our defence and the case was dismissed, any idea what is open to link now

[bjoh69]

if i send a cca request do they have to send me a deed of assignment as well as a signed credit aggreement.

[shakespeare62]

No, they are not obliged to return a Deed Of Assignment copy when you request a credit agreement copy under s77 - 79 of the CCA 1974.

 

However - that does not prevent you from asking them. They must however return the Credit agreement copy - within 12 working days of receipt else they are in default of your CCA request and can take no legal action. This can then be used as a defence - (Scorpio successfully did), should they try to take you to Court.

 

To force them to produce a Deed of Assignment which would state particulars regarding who owns the debt, you would need to send them a S.A.R - (Subject Access Request) (Subject Access Request) enclosing a statutory £10 Postal order - which is the maximum they can charge for this.

 

They are then obligated to provide the information they hold on you under the terms of the Data Protection Act 1998, within 40 days, else they are in breach of Section 7 of the Data Protection Act 1998 they can be reported to the Information Commissioner.

 

I believe there are good SAR templates on this website.

[shakespeare62]

Note: if they do sent you a copy of the original credit agreement, it must be a properly executed one and contain all the prescribed terms (especially important for agreements made prior to April 2007), else it may well be unenforceable.

 

Also the following which you should received after an S.A.R - (Subject Access Request) request are all very important :- Any Default Notice must be in the correct format (name, date, amount, creditor etc. and allow you 14 days notice to pay following the date of service. The date of service, is usually deemed to be the 2nd business day after the date the letter was posted - if it is was sent first class. The date of posting may not be the date the letter was written.

 

So if a DCA (Debt Collection Agency) issues a Default Notice only giving 14 days from the date of their letter, they've given an unlawful default notice !! (ask about this too if you need to) as it does not take account of time for service.

 

The notice of assignment must be sent to you by recorded delivery (or served by hand) . If a creditor has not done this, and you have not received one then the property still belongs to the original creditor. Also the date of the date of transfer stated in the notice of assignment, and amount etc. must match the date and amount in the deed of assignment.

 

Hope all this helps, Good luck !!

 

If in doubt get back to these forums and ask..

[itsamomentintime]

Went to court today and made our defence and the case was dismissed, any idea what is open to link now

 

delighted at this but why was it dismissed?

[scorpio]

The Judge said to many irregularities in there case and not enough evidence to say what vehicle they had the debt for. Leaves us wondering now what do we do, can we sell the car if we do what bill do we pay off as the only agreement they have is for the wrong vehicle not the one we have now