zhanzhibar vs Link financial ***WON***

[zhanzhibar]

Hi all,

 

Thought I started a new thread here since Link Financial has issued me with a POC which is below:

 

 

This is my original thread http://www.consumeractiongroup.co.uk/forum/other-institutions/123744-link-financial-ge-money.html

 

Cut long story short I have a loan with GE Money who has now sold the debt to Link Financial. I tried to negotiate a proposed payment with them but Link Financial said I could pay the amount I proposed but it will not make a dent as they are not stopping the interest. Link Financial has been very harassing in their approach. they even told me to get more loan to pay them

 

I have queries which I am hoping the expert in this forum could help me;

 

1) Now that Link Financial has bought the debt, can I do CPR 31.4 to Link Financial asking for info that make the basis of their claim.I did receive a copy of the agreement from GE MOney but not Link Financial?

 

2) I do acknowledge some of the debt but not all of it. Although I don't know the actual amount I know it was not more than £5k butthen again they keep charging interest:confused: So my question is if I acknowledge part of the debt can I ask the court that I pay in instalment as I do not have £5k spare to pay? I did make payment to Link Financial £14.46 mthly as I said I would but they keep saying they accept it but still charging interest & therefore my payment didn't make a dent to my loan.

 

3) Or should I just defend this case in court so that I could pay in instalment to what I coud afford? Also because the POC thatthey submit does not follow CPR?

 

Would appreciate some help on this as I have to acknowledge this claim soon

Edited October 31, 2008 by zhanzhibar
take out p/w

[42man]

As to whether you defend part or all, that is a decision only you can make...as to the judgment, the judge will only order you to pay what you can afford....

 

Certainly if it was in your position I would make the CPR request.....for the assignment, default and agreement...

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

[AndyOrch]

If you only defend part of it they will gain Summary Judgement you have to defend all of it.Send 42nds CPR request spl delivery dont sign it and also send a seperate Sec 78 request sharpish I assure you they will default before you submit your defence.

 

Regards

 

Andy;)

[zhanzhibar]

If you only defend part of it they will gain Summary Judgement you have to defend all of it.Send 42nds CPR request spl delivery dont sign it and also send a seperate Sec 78 request sharpish I assure you they will default before you submit your defence.

 

Regards

 

Andy;)

 

Thanks Andy. I have defended all claim online & will be sending the letter as drafted by 42man to them tomoorrow. Sorry about this but what is sec 78 request?

 

Zan

[42man]

Consumer Credit (Prescribed Periods for Giving Information) Regulations

1983 (SI 1983/1569)

2 Prescribed period

The period of 12 working days is hereby prescribed for the purposes of each provision of the Act specified in Column 1

of the Schedule to these Regulations relating to the duty indicated in Column 2 in relation to regulated agreements

 

 

SCHEDULE

SECTIONS OF THE ACT IN RESPECT OF WHICH A PERIOD OF 12 WORKING DAYS IS PRESCRIBED RELATING TO DUTIES IN

RELATION TO REGULATED AGREEMENTS

Regulation 2

Section of the

Act

Duty

(1) (2)

77(1) Duty to give information to debtor under fixed-sum credit agreement.

78(1) Duty to give information to debtor under running-account credit agreement.

79(1) Duty to give information to hirer under consumer hire agreement.

and section 78 for running credit

 

 

78.

Duty to give information to debtor under running-account credit agreement.

— (1) The creditor under a regulated agreement for running-account credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of [F1 £1], shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,—

(a)

the state of the account, and

 

(b)

the amount, if any currently payable under the agreement by the debtor to the creditor, and

 

©

the amounts and due dates of any payments which, if the debtor does not draw further on the account, will later become payable under the agreement by the debtor to the creditor.

 

 

(2) If the creditor possesses insufficient information to enable him to ascertain the amounts and dates mentioned in subsection (1)©, he shall be taken to comply with that paragraph if his statement under subsection (1) gives the basis on which, under the regulated agreement, they would fall to be ascertained.

 

(3) Subsection (1) does not apply to—

(a)

an agreement under which no sum is, or will or may become, payable by the debtor, or

 

(b)

a request made less than one month after a previous request under that subsection relating to the same agreement was complied with.

 

 

(4) Where running-account credit is provided under a regulated agreement, the creditor shall give the debtor statements in the prescribed form, and with the prescribed contents—

(a)

showing according to the information to which it is practicable for him to refer, the state of the account at regular intervals of not more than twelve months, and

 

(b)

where the agreement provides, in relation to specified periods, for the making of payments by the debtor, or the charging against him of interest or any other sum, showing according to the information to which it is practicable for him to refer the state of the account at the end of each of those periods during which there is any movement in the account.

 

 

(5) A statement under subsection (4) shall be given within the prescribed period after the end of the period to which the statement relates.

 

(6) If the creditor under an agreement fails to comply with subsection (1)—

(a)

he is not entitled, while the default continues, to enforce the agreement

[StayingCalm]

If you only defend part of it they will gain Summary Judgement you have to defend all of it.Send 42nds CPR request spl delivery dont sign it and also send a seperate Sec 78 request sharpish I assure you they will default before you submit your defence.

 

Regards

 

Andy;)

 

 

 

Hi Andy

 

Just wondering why you advise sending a seperate Sec 78 request when the agreement is included in the CPR 31.14 request. I have a similar situation to this and it would be really helpful to understand your reasoning for a seperate s78.

 

Many thanks

sc

[pt2537]

personally, id make an application to have the court consider striking the claim out or in the alternative making directions requiring them to submit a compliant set of particulars

 

"the loan was called in under s87" of what? the Companies Act 1985? the Police and Criminal Evidence Act 1984? there is no way you can defend such poor pleadings

 

I think that you should consider an application to the court, the court will order that they amend the claim and you should receive your costs in the process

 

their claim is utter

Edited October 31, 2008 by pt2537

[zhanzhibar]

Pete

 

:D that was really funny.

Thank you for discovering it & letting me know.

 

Right then, time to amend my defense as used in HFC & Amex me think.

[pt2537]

Pete

 

:D that was really funny.

Thank you for discovering it & letting me know.

 

Right then, time to amend my defense as used in HFC & Amex me think.

Nah i wouldnt bother with a meaty defence to be honest, its pointless, its like swatting a fly with a cannon, absolutley no point

 

when do you need to get a defence in by?

[zhanzhibar]

If my calculation is right should be by 19th November.I send the CPR31.14 yesterday. they should have it by now as it is ND delivery. Perhaps I should wait for their response considering I got a couple weeks?

 

Pete, since you are online, wonder & would appreciate very much if you could have a look at my Amex thread http://www.consumeractiongroup.co.uk/forum/legal-issues/137617-zhanzhibar-amex-aic-newman.html? I am a bit stumped on this one as it is regarding electronic agreement.Been looking around but not many have similar problem.

 

Thanks again

 

Zhan

[robcag]

 

Pete, since you are online, .....

 

Hi Z

 

Who is Pete? If you mean pt, his name is Paul, but I don't suppose he'll take offence, hey Paul? !

 

Cheers

Rob

[pt2537]

Hi Z

 

Who is Pete? If you mean pt, his name is Paul, but I don't suppose he'll take offence, hey Paul? !

 

Cheers

Rob

Hi Rob,

nah ive been called alot worst so no bother there, i answer to most things:D

 

Hope you are well matey and that youre not having any grief now off these DCAs

 

Regards

 

paul

[robcag]

Hi Rob,

nah ive been called alot worst so no bother there, i answer to most things:D

 

Hope you are well matey and that youre not having any grief now off these DCAs

 

Regards

 

paul

 

Hi Paul

 

All quiet on the western front ATM thanks, ... well mostly

 

I'm thinking about stirring one or two of 'em up though! Just waiting for the right moment!

 

Hope you're doing well.

 

Cheers

Rob

[zhanzhibar]

Ooops...Sorry Paul.

 

Hi Paul

 

I'm thinking about stirring one or two of 'em up though! Just waiting for the right moment!

 

Rob

 

Hey Rob, Is this a new past time then:D? Taking on the these DCAs/vultures?

I have to say since having that letter of from Weightman... Bring them on I'd say. If only i can find similar mistakes with Amex & Link Financial coz the way they threatened me are worse than Weightman...So if I coud bring them down a bit from their high horse would be sooo satisfying. The way they treat people like us with no regards to the law is beyond belief.

 

I realised now that the law has always been there to protect us from these vultures. It's just that we normal people are ignorant about it & these vultures take advantage of that.

[robcag]

 

 

Hey Rob, Is this a new past time then:D? Taking on the these DCAs/vultures? Not exactly, but like you, I'm no longer bothered by them. My quandry ATM is with Barclaycrud and CrapOne, both of which are accepting small token payments, but as I understand from reading these forums, there is a good chance that neither have enforceable agreements.

BC have been accepting a total of £7.06 for approx 15-16 months now spread over 3 accounts (quite a fortunate achievement on my part judging by some other CAGgers experience), whilst CO are accepting £3.68 spread over 2 accounts.

The 2 CO accounts have recently been subject to a 'review', and whilst my partners account has been given another 12 months, they are yet to do the same to mine. Once (if) they do so, then I will be CCA'ing both accounts. I suppose I could do hers now, but I was hoping to do both together.

If BC decide to start playing silly burgers then I will CCA those accounts also, but ATM I don't want to cut off my nose to spite my face, although it is very tempting.

I have to say since having that letter of from Weightman... Bring them on I'd say. If only i can find similar mistakes with Amex & Link Financial coz the way they threatened me are worse than Weightman...So if I coud bring them down a bit from their high horse would be sooo satisfying. The way they treat people like us with no regards to the law is beyond belief.

 

I realised now that the law has always been there to protect us from these vultures. It's just that we normal people are ignorant about it & these vultures take advantage of that. That's the power and the beauty of finding CAG. Unfortunately there are far too many people out there who will never be quite so lucky as you and I and everyone else on here.

 

Cheers

Rob

[zhanzhibar]

Hi Rob,

 

I also have an agreed token payment of £37 mthly with Mercer/Barclaycard since last year. Did ask for a CCA last year, received an application form but since interest is freeze & also because WEightman,Link & Amex have been on my back harassing me constantly, i thought i'd deal with them 1st.

 

Nah i wouldnt bother with a meaty defence to be honest, its pointless, its like swatting a fly with a cannon, absolutley no point

 

when do you need to get a defence in by?

 

HI Paul, what do u mean by not to bother with a meaty defense coz I only know one kind of defense i.e the one u prep me up in weightman case?

 

Cheers

 

zhan

[zhanzhibar]

Hi all,

 

Send the CPR 31.14 letter (via ND b4 1pm delivery) as suggested by 42man on post#2 above on 30th Oct. They have received it but didn't response. Today is the 8th day if my calc is right so I am entitled to put a defense against the claim asking it to be struck out due to non-compliance, am i not?

[zhanzhibar]

Hi all, I am thinking of sending them the Form N244 having read surfaceagentx20 threat in 'Marlins/Arrow Global have no CCA-Now what?'. My problem is I have less than 14 days to do my defend. Does the N244 has to be 14 days?

[zhanzhibar]

Hi all,

Up date on what's been happening as the children & I have been ill for the week. Just as i was mulling over whether to send the Form N244, received a letter from asset link dated 4th November (but received on the 9th November...strange!) that merely stated:

"We write in relation to your letter dated 30th October 2008 and can confirm that we have requested the document from the original creditor and we will forward them onto you as soon as we receive the same"

I am currently preparing defense & am using one of PT's excellent defense. I like to include this non-compliance of CPR 31.14 in my defense but not sure how, can anybody help me pls?

 

zhan

[zhanzhibar]

Quick query. Should I sign the defense I am sending to court?

[42man]

This is a standard defence when the CPR hasn't been responded to -

 

Draft / Defence

 

1 The Defendant denies ever having been indebted to xxxxxx and denies credit has ever been advanced to him/her by XXXXX.

 

2 The Defendant repeats paragraph 1 of his/her Defence and denies a debt was and/or was capable of assignment by XXXX to the Claimant.

 

3 The Claimant's claim to be entitled to £XXXXX for debt, to statutory interest or to any monetary or other relief of any kind is denied.

 

I BELIEVE THE FACTS SET OUT IN THIS DEFENCE ARE TRUE

 

Signed:

 

Dated:

[zhanzhibar]

Hi evrybody,

 

I submit my defense on the 17th November.Today I received a letter from AL (Asset Link) & several other docs which i attached here.

 

 

 

I have a bit of a problem trying to put the other letter where they told me to sign admitting that I do owe them so that they can called for a judgement against me.

 

So here is my dilemma:

 

As you can see from the letter I did offer them what I can afford based on all other debts I have after deducting whole family expenses but they didn't accept it but i keep paying them as they are aware. So what do i do now?

Do I now sign this letter (which i will put up here as soon as I can) which give consent to them to ask for a judgement against me which i don't think i want to do or fight this all the way & hopefully the judge will say to me to pay what I can as offered to them initially?

 

Can anybody help please?

 

zan in a BIG :confused: Dilemma

[upto the eyeballs]

subscribing

[zhanzhibar]

As to whether you defend part or all, that is a decision only you can make...as to the judgment, the judge will only order you to pay what you can afford....

 

Certainly if it was in your position I would make the CPR request.....for the assignment, default and agreement...

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

 

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment

 

3 the default notice They never sent me this...

 

Your client should ensure compliance with its CPR 31 duties and ensure that the documents I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

Folks

 

Having read through all my correspondence with AL including the one they just sent me I noticed that I never received any DN from them. Since i sent them the CPR 31.14 on 30th October and specifically mentioned that I requested the DN & they didn't comply, what should i do now?

[AndyOrch]

Hi Zhan

 

Did GE Money ever send you one?

 

Regards

 

Andy