Urgent help needed re thretened ccj from link financil/ge capital

[maxinelou8]

Hi i am hoping someone here could help as this is one of the only links i have found regarding ge capital, i have recieved a court summons thing for the balance of 1600 the letter comes via link financial ltd the thing is before this i was sending letters to ge capital offering repayment of £30 a week and explaining the situation however they never got back to me! The situation is this was a dorothy perkins store card in my name but with 2 cards a friend had one but moved away so i changed the second card to my sister, she is the one who run up the balance and had difficulties paying it she is willing to admit this to them and offer repayment but all the letters always come in my name regardless the amount of times i have spoke with them trying to explain the situation an change account names previously i was told pay it through me its ok but she is havin gthe difficulties and i cannot afford to have a ccj in my name i have just had my second child 3 days ago- coming out of hospital yday to this court summons thing!! (and will soon be hoping to get a mortgage.) Sorry to rant on i just feel like i am going crazy here, do you think if i contact ge again and explain they will take it back and accept an offer of repayment considering its not my debt or maybe if i explain to link that it is not my debt and ge have failed to explain the situation to them they will change the debt holders name over to my sister, please please please get in touch asap i need all the advice i can get this form has to be back by the 2nd of march

[42man]

What is the date on the claim form ? also can you state what the Particulars Of The Claim are ? (don't be specific with the numbers)

[maxinelou8]

it was issued on the 16th of feb the women on the phone said it had to be back by 2nd of march, its for a debt of £1500, dont know what other details u need

[PGH7447]

you have until the 2nd of march to ackowledge the court papers on this web site

 

https://www.moneyclaim.gov.uk/csmco2/index.jsp

 

you have to logon with the court claim number and password provided.

 

have you send ge money or whoever issued the claim a request for the credit agreements?

[PGH7447]

same issue

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/185597-help-needed-asap-threatened.html

 

maxine I know its hard and unsetteling but if you keep to one thread then people will not give dual advice.

 

post back on here with the POC details of the claim form.

 

did you get a letter o notice of assignment from link?

 

did you get a default notice from ge money?

[42man]

If you can tell us what the Particulars Of The Claim are we can certainly help....your first letter is to send this recorded to the opposing solicitors

 

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.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

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*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) 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

 

Have a read here too - http://www.consumeractiongroup.co.uk/forum/legal-issues/159445-getting-them-reveal-their.html