Link claimform - old GE Money debt **CLAIM STRUCK OUT**

[diamondgirl]

Hi

I have had problems trying to reply while I was at work.

Anyway I've found the first page but I just can't get it to scan it reads:

 

The claimant claims the whole of the outstanding balance due and payable under an agreement and/or associated agreements made with the defendant in writing and dated xxxxxx and asigned to the claimant. The defendant has failed to make payment as required by the agreement and to comply with a default notice or notices served by the claimant and/or assignor

 

and the claimant claims

1. £xxxxx

2. Interest pursuant to Section 69 county court act (1984) at a rate of 8.000% per annum from xxxxxx to xxxxxx of £105.58 and thereafter at a daily rate of £1.520 to date of judgement or sooner payment.

 

I assume that was the details you wanted

Claimant Link Financial Ltd London:)

[babybear39]

If they're claiming themselves they've purchased the debt not just been assigned it, otherwise there would be claiming on behalf of...

Edited March 16, 2009 by babybear39
spelling

[diamondgirl]

Just found out that it has been transferred on the 13th (Friday what a day that was) what do I do now.

[diamondgirl]

There 1st letter stated sale of your debt is possibly imminent. Nothing ever received to say it had been sold.

[babybear39]

That's part of your defence then...

[diamondgirl]

Should I be doing a Subject Access Request to GE Money as well? I've not got any old statements from them. They hadn't been in touch for months, just kept taking the money.

 

Can anyone point me in the right direction for getting my defence together.

 

Is there a letter or anything that I can send to my local court to ask for more time to get everything together?

 

I keep looking through the different sites but Im not sure where to start from.

Edited March 16, 2009 by diamondgirl

[foolishgirl]

What was the date of issue of the claim DG?

 

Have you sent in an acknowledgement of the claim? (see 42man's post above) If so what did you put?

 

Re. POC, they can't claim interest if it's a regulated credit agreement so that's stuff you No1. Add no NOA or default notice ....

[foolishgirl]

Should I be doing a Subject Access Request to GE Money as well?

 

Yes asap - you need to get your claim for charges sorted out

[babybear39]

Yes if you're disputing the amount unless you have all your statements in which case you can look at the charges from there.

[foolishgirl]

Just found out that it has been transferred on the 13th (Friday what a day that was) what do I do now.

 

What's been transferred? The debt to Link or the case to your local court

[diamondgirl]

The case to my local court

[diamondgirl]

The original court papers was dated 9.2.09, I sent them back stating I did not agree the amount and that the debt was with the GE Money - by the way its a credit card debt dont think I have mentioned that.

[babybear39]

So the hearing is set for the 13th April?

[diamondgirl]

As this is the first time it has ever happend to me I guess I need help more than I thought.

So its a month from the date they sent it to the local court?

I assume the next thing is I'll get papers giving me the date through the post in the next few days?

Guess I'll have to get a move on with any letters then.

Will it be worth asking the court when I get that date to give me more time to get everything together?

[diamondgirl]

One other thing if the court they transferred it to is not the nearest one can I get it transferred to there?

[babybear39]

You can get it transferred to the nearest county court.

[foolishgirl]

In addition to the SAR to GE, you also need to send a request to Link under CPR18 without delay. This is an 'official' request for documentation they are relying on to make their claim (with thanks to 42man for the original):

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

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).

 

Amend it where necessary. Do not sign, print or use digital signature (beware, it is not unknown for copy & pastes to go onto other docs!) & send Rec. Del.

[diamondgirl]

Thanks Foolishgirl.

I'll get this letter off first thing in the morning to Link

Subject Access Request to GE Money will also be going first thing.

Had major problems with internet and pc at work so it will be too late for the post tonight.

By the way they've transferred the case to the wrong court so that has to be transferred again. Questionaire is on its way to be probably be at home when I get there.

[42man]

Good advice from FG above, but a lot of these are being rejected by solicitors due to them being unreasonable....can I ask you send this one below especially so now we know the POC's send recorded delivery....you will need to EDIT it though...where it is marked with a # if the amount is OVER £5,000 then delete that bit....(above the #)....where it says "Although your claim is...."

 

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*

 

[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

 

[diamondgirl]

Thanks 42man will do that.

[diamondgirl]

Can anyone point me in the direction of the subject access request template. Found it last night now can't remember where I found it.

 

Have received the questionaire so I'll have a good read of that tonight.

[foolishgirl]

It's here:

 

http://www.consumerforums.com/resources/templates-library/48-bank-templates/110--data-protection-act-1998-subject-access-request-.html

[diamondgirl]

Thanks foolishgirl:)

 

Both letters are now ready for sending tomorrow.

 

Both letters going RD and £10.00 PO for the GE Money one.

 

Not had anything back yet from Link re CCA

 

They have tried to contact me today on my mobile but I just ignored the plonkers.

[babybear39]

Don't forget to keep a record of the PO number to check if they cash it

[diamondgirl]

Sorry another question, if I dont receive the documents I have asked them for once I have a date for the hearing and I ask the court to reschedule it?