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

[diamondgirl]

Just tweeked your para a little. Is it groveling enough? Obviously don't want to overdo it.

 

Should I addresses it Dear Your Honour, Judge, Sir, Madam, leave the dear bit out, not address it all just go straight into the letter, any suggestions please?

 

 

Claim No. 111111111

Link Financial – v - xxxxxxxxxxx

 

 

I do apologise for taking up the valuable time and resources of the Court, however, as I have been put to considerable trouble and expense by the Claimant, to defend, a seemingly spurious and vexatious claim, I thought I would call upon the Court to consider the enclosed Application in recompense of my Expenses in defending this claim.

 

Once again I do apologise in advance to the Court for the valuable time and resources spent looking into this Claim for me.

 

Yours faithfully

 

A N Other

 

Go back and work on charges now will post that up for advice before sending tomoz.

 

DG

[foolishgirl]

Slightly amended, othewise fine. Address it to the Court Manager - Dear Sir/Madam

 

 

Should I addresses it Dear Your Honour, Judge, Sir, Madam, leave the dear bit out, not address it all just go straight into the letter, any suggestions please?

 

 

Claim No. 111111111

Link Financial – v - xxxxxxxxxxx

 

 

I do apologise for taking up the valuable time and resources of the Court, however, as I have been put to considerable trouble and expense by the Claimant, to defend, a seemingly spurious and vexatious claim, I would be grateful if the Court would consider the enclosed Application in recompense of my Expenses in defending this claim.

 

Once again I do apologise in advance to the Court for the valuable time and resources spent looking into this Claim for me.

 

Yours faithfully

 

A N Other

 

Go back and work on charges now will post that up for advice before sending tomoz.

 

DG

[diamondgirl]

Cheers fg:D

[diamondgirl]

Hi folks,

 

Just got back from an interview to a letter from the monkeys just within the 14 days

"We write further to the above and your letter of 1st May.

 

We note your request for us to cease the processing of your data under the Data Protection Act. However, as there is a balance outstanding under the above numbered agreement, we will continue to attempt to recover this sum and will proceed accordingly, using the data in our possession."

 

Same monkey signed it. They must be spitting the dummies out again and going ape sxxx up the trees.

 

 

Finally got round to doing costs, thought something like 20 hrs research and the postage comes to around £230.00 - what do you think is it a bit much or ok

DG:D

[babybear39]

What about parking at the court?

[diamondgirl]

We didn't get that far I was looking forward to that bit but thrown out without me going.

DG:D

[diamondgirl]

Hi All,

 

Had no response from the Court as yet re costs I'll give them another few days.

 

Well all seems quiet on the monkey front at the moment not heard anything for at least two weeks.

 

I was wondering if I can try to reclaim some of the account cover costs back as they stopped it immediately I went onto the DMP. The cover went up every month more and more and obviously there was interest added to that cost. (We are talking in excess of £80 per month).

 

I assume it works out say eg £80 pm for 12 months = £960 obviously it is a different amount every month. When I went on the DMP it was obvious they would not pay anything out so I'd been wasting that money every month for all those years.

 

Is it worth doing and should I send the letter to GE or the other monkeys?

 

Any suggestions? Hope you've all had a good bank holiday.

DG:)

[babybear39]

Did you get a full set of statments in your SAR? If so use those to calculate the charges etc and maybe someone from the banking forums can help you with a reclaim

[diamondgirl]

Hi BB

 

Yes I did get more or less a full set of statements.

 

Another thing I was wondering as the monkeys got it wrong re signed agreement can they at anytime go after me for the original store card debt? I've still been paying GE and they've still beein accepting it which to me seems a bit strange if they were supposed to have sold it on.

 

DG:)

[babybear39]

Sonds like the agreement they were sold is an equitable assignment...

[diamondgirl]

Just noticed on the Ministry of Justice site re Civil Procedure Rules Part 16 the following:

Defences which appear to fall within rule 3.4(2)(a) or (b)

3.1

A court officer may similarly consult a judge about any document filed which purports to be a defence and which he believes may fall within rule 3.4(2)(a) or (b).

 

3.2

If the judge decides that the document falls within rule 3.4(2)(a) or (b) he may on his own initiative make an order striking it out. Where he does so he may extend the time for the defendant to file a proper defence.

 

As mine was struck out would the judgement state they would be given more time if that was the case as mine just said - claim is truck out? Just a thought.

DG:)

[MAGDA]

Sonds like the agreement they were sold is an equitable assignment...

 

If that's the case, Link did not have a legal right to issue court proceedings in their own name.

 

Just noticed on the Ministry of Justice site re Civil Procedure Rules Part 16 the following:

Defences which appear to fall within rule 3.4(2)(a) or (b)

3.1

A court officer may similarly consult a judge about any document filed which purports to be a defence and which he believes may fall within rule 3.4(2)(a) or (b).

 

3.2

If the judge decides that the document falls within rule 3.4(2)(a) or (b) he may on his own initiative make an order striking it out. Where he does so he may extend the time for the defendant to file a proper defence.

 

As mine was struck out would the judgement state they would be given more time if that was the case as mine just said - claim is truck out? Just a thought.

DG:)

 

I believe if the order is made without a hearing, the claimant has seven days to object to the claim being struck out, but as in my own case, they sometimes submit an application further down the line, and the court let them get away with it. Magda

[angry cat]

The only significant difference between a legal assignment and an equitable assignment is that an equitable assignee often cannot bring an action in its own name against the third party, but must fall back on the rules governing equitable assignments and join the assignor as party to the action.

 

AC

[MAGDA]

Exactly AC and if it the case that Link has only an equitable, they should have issued the proceedings jointly with GE. I would love to see one of the Deeds relating to an assignment involving Link, as I am not convinced they have all the rights that they claim as far as court action is concerned. Magda

[angry cat]

Well, one thing that I know for sure is that Link have a cosy relationship with MBNA and MBNA keep one finger, or more in the pie;

co-creditors!

 

AC

[MAGDA]

Yes, doesn't surprise me, and reading on another thread, someone pointed out that they think there is some kind of connection (apart from the obvious) between First National and Link as well. Apparently they both have office based in Caerphilly, practically at the same address, and one things for sure, they certainly seem to deal with a lot of FN and GE Money accounts as well as MBNA. Magda

[angry cat]

What a tangled web they spin & weave...

 

AC

[diamondgirl]

What I was wondering is if I go down the Account Cover charges who would I send the letter to would it be GE as I've been paying them every month not Link as they would never give me account details, so somewhere along the line someone has had over £800 off the debt which has never been sent back to me.

Also is there some sort of template letter anywhere I've been looking around but not been able to find one.

Also got another thread going - Crap1 and Me.

I don't know if I"m thick or what but I still can't get to post links any suggestions as to what I'm doing wrong? No naughty suggestions please:D

[AA99]

 

 

Try that symbol in the bar above your reply.....

 

Great thread btw, I have a problem/situation with GEMoney who sold to Link

[miziwizzi]

Sonds like the agreement they were sold is an equitable assignment...

 

 

What does this mean? dont want to hijack but no idea what this is and link say they got an equitable charge on our home?

 

sorry diamond girl, just really confused as to this.

[diamondgirl]

What does this mean? dont want to hijack but no idea what this is and link say they got an equitable charge on our home?

 

sorry diamond girl, just really confused as to this.

 

Thats ok miziwizzi if it helps you - Ministry of Justice website is very help full but you will need to trawl through it unless someone can come up with an answer for you.

DG:grin:

[miziwizzi]

Thats ok miziwizzi if it helps you - Ministry of Justice website is very help full but you will need to trawl through it unless someone can come up with an answer for you.

DG:grin:

 

 

Oh thanks, will look it up, they are a horrid company to deal with and am looking for any little detail throw at them, good luck with your case am watching with interest.

[diamondgirl]

http://Crap1 and Me

 

AA99 lets see if this works

 

OK what have I missed out?

Edited May 28, 2009 by diamondgirl
Added to

[babybear39]

Equitable assignment means they've bought the rights to collect on the account but not bought it outright and can only take you to court as a co-complainant with the original creditor. Absolute assignment means they've bought the debt outright and can take you to court in their own name.

[beachcomber60]

Equitable assignment means they've bought the rights to collect on the account but not bought it outright and can only take you to court as a co-complainant with the original creditor. Absolute assignment means they've bought the debt outright and can take you to court in their own name.

 

Just a quick question regarding Absolute Assignments, if reclaiming charges & PPI is it the OC or DCA who pays the claim

 

Ta Muchly