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

[foolishgirl]

Fun for the plonkers but maybe not for you

 

Hope you get fixed up again soon DG.

[babybear39]

Sorry to hear your news DG, hope you find something soon *hugs*.

[diamondgirl]

Just a quick question if I find out that I've been made redundant before the hearing which I assume will be in the next couple of weeks or so should I inform the plonkers and the court of this. What do you guys think, suggestions please! I am looking on the dark side at the moment - thats why I'm job hunting just in case but it does look very likely. Don't have a smiley for th is. DG

[Toulose LeDebt]

Yes I would just as a matter of courtesy unless you have already submitted the income/expenditure paperwork in which case you must. but I'd leave it until fairly late in the build up to see if Link do commit to the full monty. If you tell them this too soon they will use it as an excuse for pulling out, at this stage of the proceedings they should have no right to know what your income/ expenditure is anyway If they start and discontinue then they cannot start proceedings against you again for the same debt. This does mean that having spent all this time and money pursuing you Link might be staring a maximum of £1 per month token payment in the face.:D

 

This is of course assuming they can prove it is their debt and enforceable etc.

 

BTW came on this thread for a different reason.

 

Just like to point out that Link have served you notice of intention to enter hearsay evidence. Muppets!!!

 

What they should be doing is entering a witness statement from the monkey you spoke to on the 'phone. This is not 'hearsay' evidence as defined and/or governed by the Civil Evidence Act 1995. This quite obviously is first hand witness evidence it should be a signed statement. I think it is better to play along with their little misunderstanding and make a request from them under CEA 1995 I think secs. 2(1) part b is the bit you want.

 

Section 2. Notice of proposal to adduce hearsay evidence.

— (1) A party proposing to adduce hearsay evidence in civil proceedings shall, subject to the following provisions of this section, give to the other party or parties to the proceedings— (a)

such notice (if any) of that fact, and

 

(b)

on request, such particulars of or relating to the evidence,

 

 

as is reasonable and practicable in the circumstances for the purpose of enabling him or them to deal with any matters arising from its being hearsay.

 

 

Send them this.

 

 

Request made pursuant to Section 2 (1)(b) Civil Evidence Act 1995

 

I acknowledge your serving notice of intention to adduce hearsay evidence in the latest communication you sent me and accept this notice as being compliant with Sect 2 (1) (a) of the Civil Evidence Act 1995.

 

Under Section 2(1)(b) of this Act:

 

I formally request a transcript of all telephone calls taken from Links recording system in order that I may fairly present to the Court any inaccuracies which might arise from you adducing a hearsay verion of any telephone call between ourselves.

Failing the transcript being available I request any particulars as is reasonable and practicable in the circumstances for the purpose of enabling me to deal with any matters arising from you presenting the content of telephone calls as hearsay. 11XX11

Edited March 31, 2009 by Toulose LeDebt

[diamondgirl]

Thanks for that and the PM I will do that and send it SP. It's typed and I'm off to the PO at lunchtime with it (the bit in the PM is what I've sent them. Not had anything back from GE yet.

Can't wait to see if they have anything. DG;)

Edited April 1, 2009 by diamondgirl
added to

[diamondgirl]

Quick question now that the court has received the AQ does the courts write with a date for a hearing? Does Link write to the court with any comment about by response to that? Should I now be thinking about my pointers etc., for the hearing assuming there is one and what about if they don't send me any info back that has been requested i.e. GE Money SAR and my request to Link re taped conversations? OK I know thats more than one question.

Thanks DG:)

[foolishgirl]

The court will let you know a hearing date.

 

If you don't get any further info from Link, you will be able to put your defence on 'no proof' . It's up to the claimant to prove their case, if they can't, there's no case!

 

Don't worry DG, just post back when you hear anything.

[diamondgirl]

Cheers FG

DG:)

[diamondgirl]

Just been going through loads of old papers and found the one and only letter from GE Money dated 18/11/08.

Thanking me for contacting them about my account (never did) stated the credit agreement was opened on 20/09/06 show an amount of xxxxx owing with overdue payments of xxxxxxxx

Interest charges where applicable will continue to be added at the current rate as we cannot consider suspending any charges until we receive further information.

Before we can consider a temporary payment arrangement we require that you provide us a financial statement confirming your income and expenditure details.

 

They had already had two I&Es sent them and continually accepted reduced payments.

 

The Statement received from Link dated 09/01/09 shows a Statement Period of 10/07/08 to 09/01/09 with 2 debit payments of xxxxx dated xx/11/08 and xx/01/09 now how could they receive the first payment a couple of days after it was originally sent to GE Money the only method possible is to give them the cash or do a chaps payment (which I'm sure GE Money wouldn't pay for.) The account was so called assigned on the 27/11/08 so in that case the letter from GE Money would never have allowed an I&E to be sorted and sent to them before Link was so called assigned the account.

Something doesn't seem right with these dates or is it just me?DG:confused:

[Toulose LeDebt]

It's not just you something will be wrong with those dates and likely much more than just the odd date. That's why you've put pressure on the claimant to prove their case. I'm of the opinion that deals have been struck between certain OC's and DCA's which are Champertous in so far as the DCA is to issue proceedings in their name but the true claimant is still the OC in reality. These companies are desperate at the moment, prepared to break the guidelines and CPR to rush into Court.

Link probably have a Portfolio from GE Money on the basis that they get enforcement probably before the account has even lawfully changed hands (if it ever truly does).

 

It's all happening a bit too quickly in many instances. I smell a rat.

[diamondgirl]

Thanks for that I thought it was me reading it wrong. †hought it was strange when I found the letter, why write to me at all when they must have already been so called selling this to Link. Why no other letters or DN from GE Money? things just don't seem to add up.

I think you are right about a rat but I think there's got to be more than one and very big ones at that. I'm trying to get my head around the statements that Link sent me there certainly seems to be a lot of weird and wonderful charges. I think with everyones help we can slap their axxxx when I go to court. DG;)

[Toulose LeDebt]

Believe you me the problem is at the other end of the postal service. You have put them to proof by entering in to evidence certain documentation. It's unlikely that half the documentation you have requested has even been produced yet and if it does appear we'll be looking very closely indeed at dates. For Link to start proceedings in their own name the debt must be in their name at the onset and they are going to have big problems proving it was.

Sit back and let Link produce the documentation I anticipate them making a right pigs breakfast of it then squealing and blubbing that you're being horrible to them and asking for things you don't need and have no right to see.

 

If nothing else I bet the 'phone calls will have stopped.

 

Have you got an up to date copy of your credit files yet to see when Link took over on there? That's one more set of dates and one more 'amount' to introduce and I bet nothing matches on there either.

[diamondgirl]

According to Equifax it states

Link Financial Ltd - GE Capital

Defaulted £0 - Default/Delinquent Balance 16/12/08 xxxxx

Payment history - 2008 April Q = Query - June and July Q = Query

November - D = Default

Date updated xx/03/09

Start Date xx/05/01

Date Last Delinquent 11/08

DEFAULT DATE : xx/12/08

Details: Default has been registered on this account.

It does not state anything where Link has bought this account

There is no mention as to this account having been changed from a Store Card to a Credit Card and the Account Type states LOAN

My account actually shows only 1 Default which is the above. Others show that I am have a DMP and agree to pay that amount.

So thats odd that its Link that is supposed to have issued a Default Notice not GE Money. Something stinks and it's not me;)

[foolishgirl]

In theory GE could have issued the default & Link 'taken it over' but then the dates don't seem to add up.

 

You just need to wait & see what paperwork (if any) they come up with DG.

[diamondgirl]

Hi Folks

Received letter today from Link dated 31st March can't scan it but basically they say:

We acknowledge receipt of your letter dated 24th March the contents of which have been noted.

Under CPR 31.14 please be advised that we are under no obligation to furnish you with a copy of the Deed of Assignment as this document contains confidential information and upon service of the notice of assignment the assignment is regular under s136 law of property act 1925.

With regards to CPR PD 16 Para 7.3 a copy of the agreement is not served with the particulars of claim as all our claims are issued via the county court bulk centre where short form particulars of claim are accepted.

You have stated that under CPR 31 we have not supplied you with any information previously requested however all the relevant documentation requested was sent out to you under separate cover of our previous letter.

We have complied with your request and would point out that we are yet to receive a copy of your allocation questionnaire (who are they kidding it arrived before they sent the above).

We look forward to hearing from you.

So they are basically saying that the agreement dated 01, their letter re sale of debt and statements from GE are all that I am having.

OK sent special delivery AQ arrived 30th but no electronic signature available.

Wonder what response I'll get with regards to my other letter of the 1st April (probably think it was an April Fool)

My letter of 18th never acknowledged where I asked for agreement, the assignment, the default notice and the termination notice.

Any other particular letter I can send with regards to the one on the 18th and response to todays letter?

All input will be very much appreciated.

Think they think that everyone is thick, but with everyones held I'll have a bxxxxy good go at them. The smiley is for Link:p

[curtainriser]

Hi Folks

Received letter today from Link dated 31st March can't scan it but basically they say:

We acknowledge receipt of your letter dated 24th March the contents of which have been noted.

Under CPR 31.14 please be advised that we are under no obligation to furnish you with a copy of the Deed of Assignment as this document contains confidential information and upon service of the notice of assignment the assignment is regular under s136 law of property act 1925.

With regards to CPR PD 16 Para 7.3 a copy of the agreement is not served with the particulars of claim as all our claims are issued via the county court bulk centre where short form particulars of claim are accepted.

You have stated that under CPR 31 we have not supplied you with any information previously requested however all the relevant documentation requested was sent out to you under separate cover of our previous letter.

We have complied with your request and would point out that we are yet to receive a copy of your allocation questionnaire (who are they kidding it arrived before they sent the above).

We look forward to hearing from you.

So they are basically saying that the agreement dated 01, their letter re sale of debt and statements from GE are all that I am having.

OK sent special delivery AQ arrived 30th but no electronic signature available.

Wonder what response I'll get with regards to my other letter of the 1st April (probably think it was an April Fool)

My letter of 18th never acknowledged where I asked for agreement, the assignment, the default notice and the termination notice.

Any other particular letter I can send with regards to the one on the 18th and response to todays letter?

All input will be very much appreciated.

Think they think that everyone is thick, but with everyones held I'll have a bxxxxy good go at them. The smiley is for Link:p

 

 

Hi

 

Have they ever provided you with:

 

1) an agreement with the debtor and creditor signatures, and

containing all the essential pre-scribed terms and conditions correctly stated in the same document!!!, this is a must!!!

 

2) Cancellation note and proof of when and how it was delivered

 

3) Default Notice and proof of when and how it was delivered

 

4) Noice of the assigment from the assignor or original creditor

which must be dated before the debt collector started the assigment.

A letter of introduction from the debt collector may not meet the requirement from the s136 law of property 1925

Edited April 3, 2009 by curtainriser

[creditcardmug]

As long as you asked for sight of all the documents in your AQ, the judge should make an order to that effect. (including the "deed" of assignment)

 

You are under no obligation to provide them with a copy of your AQ, you only have to file it at the court

[diamondgirl]

Hi

 

Have they ever provided you with:

 

1) an agreement with the debtor and creditor signatures, and

containing all the essential pre-scribed terms and conditions correctly stated in the same document!!!, this is a must!!!

 

2) Cancellation note and proof of when and how it was delivered

 

3) Default Notice and proof of when and how it was delivered

 

4) Noice of the assigment from the assignor or original creditor

which must be dated before the debt collector started the assigment.

A letter of introduction from the debt collector may not meet the requirement from the s1236 law of property 1925

 

Thanks for your reply

1. Post 74 shows the only agreement (which was taken out in store)

2, 3 and 4 the answer is no.

DG:)

[curtainriser]

 

You are under no obligation to provide them with a copy of your AQ, you only have to file it at the court

 

Hi

 

I didn't know that.. many thanks for you help!!!

[creditcardmug]

They dont have to send you a copy of theirs either, although, if you go into the court and ask, they will make you a photocopy of it.

[diamondgirl]

I didn't know that I thought they had to have a copy

DG

[curtainriser]

They dont have to send you a copy of theirs either, although, if you go into the court and ask, they will make you a photocopy of it.

 

 

Thanks again

[diamondgirl]

Well I'm going to get ready now and have a good night out with the OH and blot Link out of my mind. he he:D

[curtainriser]

Well I'm going to get ready now and have a good night out with the OH and blot Link out of my mind. he he:D

 

 

Yes do not worry about it....

 

As an honourable barrister told me once:

 

"a debtor is NOT a criminal just a temporary material deficit that can be repaired but debt collector that breaks the law is liable and will be imprisoned !!!!"

[foolishgirl]

Hi Folks

 

So they are basically saying that the agreement dated 01, their letter re sale of debt and statements from GE are all that I am having.

 

Oh great, in that case they can't produce anything else in court either or you (& the DJ hopefully) will want to know why they didn't produce the docs. in response to a request under the CPR! That's what the Rules are there for. :grin:

 

Would like to be a fly on the wall when they DO get round to reading the AQ.