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

[diamondgirl]

Thanks for all the info much appreciated I have copied everything out as posted.

 

AQ response:

A - Settlement

1. - No

4. - Please see Attachment A1

 

B. - Location - Yes - Local Court

 

C. - Pre-action Protocols - Please see Attachment C1

 

D. - Case Management Info - No

Witnesses - Myself

 

Experts - No

 

Track - Unsure what to put - advise please

 

E. - Trial or Final Hearing - 2 hours

 

F. - Proposed Directions - Please see attached Directions

 

H - Fee - Do I have to enclose anything - cant afford to? Help please

 

I - Other Info - Attached Docs - Yes - Enc. 1 Copy their letter dated 26/03/09

with attachment and copy of Default Notice 1p

 

Think I got it right but your help on the Track and Fee would be great please.

 

I'll post copy of letter I am sending with copy AQ to Link in a few minutes

DG;)

[diamondgirl]

Brief outline of letter to link

 

Link Financial Ltd - v - Me

Claim No xyz

Agreement No. 123

 

I write in relation to the above noted claim.

Please find enclosed copy Allocation Questionnaire filed on behalf of the Defendant, the original of which has today been filed with the Court.

Please also be aware that this case has been passed to the OFT Special Investigation Unit dealing with the placement of Charging Orders on consumer credit debts.

Please also note that as you are looking to enter hearsay evidence against me derived from telephone calls that I am now wholly unprepared to talk with you on the telephone and all further communication must be in writing.

Yours faithfully

DG:)

[Toulose LeDebt]

Well done DG.

 

 

Now due to the amount involved this should be a Fast Track hearing.

 

The good news is that you do not have to submit a fee as defendant. Link however had the privilege of forking out a couple of hundred to progress this far.

 

Fast Track does increase your exposure to costs but that's why you submitted enclosure C1. By precipitating proceedings so blatantly, any Judge is likely to look very unfavourably upon Link in the matter of costs and interest and that's if they do even progress the case and win which is shortly going to be much, much more difficult for them than they anticipated.

[Toulose LeDebt]

Brief outline of letter to link

 

Link Financial Ltd - v - Me

Claim No xyz

Agreement No. 123

 

I write in relation to the above noted claim.

Please find enclosed copy Allocation Questionnaire filed on behalf of the Defendant, the original of which has today been filed with the Court.

Please also be aware that this case has been passed to the OFT Special Investigation Unit dealing with the placement of Charging Orders on consumer credit debts.

Please also note that as you are looking to enter hearsay evidence against me derived from telephone calls that I am now wholly unprepared to talk with you on the telephone and all further communication must be in writing.

Yours faithfully

DG:)

 

Short, very sweet and to the point.

 

Now how much detail have you given the OFT so far in this case? There are other breaches of guidelines involved you might wish to pass on to them, have you given them permission to contact Link in respect of your account?

[diamondgirl]

Glad you think it was short and very sweet that was the intention. I could have written more but thought no it might go against me.

OFT I only mentioned about them taking me to court and looking for a charging order. Any further info to get rid of the xxxxxxxx that would also help anyone else would be great. I'll give them everything. They can have copies of everything if they want.

More info to give OFT I'll willingly do but haven't a clue where to begin and I know their deadline is same as mine Monday. DG

[foolishgirl]

From the way I understand it, I think that at the moment, the OFT are only looking for info. to take matters further as a 'campaign' so if they require any further details they will contact you.

 

If you told them the CO was in connection with credit card agreement debt that should be all they need on that issue, maybe keep the other breaches as a separate report?

Edited March 26, 2009 by foolishgirl
wrong key

[diamondgirl]

Hi again

Just three queries:

In Item I should 29. be at the beginning of para 5?

Draft Order 4th* item should it be "A reducted copy" is reducted right?

I assume I should send everything by Special Delivery with time being short?

Cheers

[foolishgirl]

Hi again

Just three queries:

In Item I should 29. be at the beginning of para 5?

 

This is corrrect - it's a quote from the judgment referred to i.e.'29.....etc'

 

Draft Order 4th* item should it be "A reducted copy" is reducted right?

 

Correct again - jargon, don't worry about it

 

I assume I should send everything by Special Delivery with time being short?

 

Always send docs like thisb by Spec. Del. unless you can hand deliver. I know it costs more but Rec. Del. is not guaranteed (I've had a couple of items go missing recently)

Cheers

 

Just a quickie on B - location. Without looking for the exact post, did you say you wanted the location changing from the existing court?

 

If so you need to put in here the court you want & why eg. xxxxxxx is the court located nearest to my home. I am a litigant in person with extremely limited resources to enable me to travel to xxxxxx, the claimant is a large company with resources to enable them to instruct local solicitors in this matter. I therefore respectfully request that the location of the hearing is transferred to xxxxx.

Otherwise it looks great DG. Toulouse has done you a wonderful submission. Send it off...

 

Be aware though that this is only the first stage, you may have to represent yourself at a hearing (although I suspect you may get a settlement offer at some point if they can't provide proof of the above) so spend as much time as you can reading the relevant threads on here to give you an insight into what you need to appreciate & present to a court if necessary. As your defence will be based around the ownership & default compliance of the debt, suggest you start with Defaults & Assignments. Ideas:

 

http://www.consumeractiongroup.co.uk/forum/data-protection-default-issues/157455-defaults-including-charges-interest-2.html

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/170345-tale-dodgy-dn.html

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/123771-validity-debt-assignment-re.html

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/155843-deeds-notifications-assignment.html

[diamondgirl]

Thanks FG

Yes they've now changed the court to my local one but I did put in I wanted it changed. Got confirmation that they have changed it so at least thats one thing in my favour, hopefully.

[diamondgirl]

Received email from OFT saying thanks for brief details of my case. Will contact me further if more information is required at a later date.

DG:D

[foolishgirl]

Great DG.

 

There would seem to be other stuff that could go to OFT but suggest you concentrate on this case for now & leave other reports for later.

[Toulose LeDebt]

Hi again

Just three queries:

In Item I should 29. be at the beginning of para 5?

Draft Order 4th* item should it be "A reducted copy" is reducted right?

I assume I should send everything by Special Delivery with time being short?

Cheers

 

yes 29 should be there it as the quote is from para 29 of that hearing.

 

And by applying for a 'reducted' copy you are giving the claimant no avenue at applying for refusal of this demand on the grounds that it contains commercially sensitive information. You make it quite clear from the outset that you will accept a copy with some information missing.

 

If you want then change it to 'reducted in order that commercially sensitive information might be removed'

[diamondgirl]

Sent everything off to the plonkers and the court. This will be very interesting when Link get their post I wonder if they will continue to ring me on my mobile.

I could not have got this far if it wasn't for all you CAGS out there prepared to give help to those in need.

Thanks DG:D

[babybear39]

Good luck DG

[Toulose LeDebt]

Sent everything off to the plonkers and the court. This will be very interesting when Link get their post I wonder if they will continue to ring me on my mobile.

 

It will be very interesting indeed when Link receive this. Apparently in the Link offices there's a 30 foot plastic palm tree and whenever they buy a debt where the person named has a property registered on the land registry search the link employee who is assigned that account gets to climb up this palm tree and beat the golden coconut with a wooden banana whilst the rest of the juniors get to try and knock him out the tree with assorted pieces of fruit, the more senior employees drink cherry lambrini, grunt and chatter about free money and short breaks to the Balearics throughout and tirelessley congratulate each other on their business acumen.

The ceremony of the golden coconut is usually followed by three days of feasting and merriment

 

and occasionally the employee even gets a shiny bauble or an extra two pounds in their wage packet to encourage other threat monkeys to try the same technique.

(I might have made this up but the more I read it the less sure I am).

 

Would love to be there when they find out a guaranteed 600% profit on their purchase might not be quite so guaranteed now.

[diamondgirl]

I think thats brill, think you should write some sort of book with illustrations possibly the title could be Debt Collectors Tea Party what do you think.

Thanks for all your help know doubt I'll need it again in the not too distant future

Once again thanks to everyone DG:D:D:D

[foolishgirl]

Apparently in the Link offices there's a 30 foot plastic palm tree and whenever they buy a debt where the person named has a property registered on the land registry search the link employee who is assigned that account gets to climb up this palm tree and beat the golden coconut with a wooden banana whilst the rest of the juniors get to try and knock him out the tree with assorted pieces of fruit,

 

 

:D:D It's not 1 April yet TLD but it sounds very credible, is it true?!!

[Toulose LeDebt]

:D:D It's not 1 April yet TLD but it sounds very credible, is it true?!!

 

I swear upon this Capital One credit agreement before me that this was 29% true when I started typing but due to costs incurred in making the post and interest chargeable upon the joke it is now 107% true but if you are prepared to accept this within the next 15 minutes I might agree that it's only 40% true otherwise you will incur enforcemnt charges proving it to be 225% true.

 

They still talk about the great golden coconut festival of 2007 when a GE Capital account of £48 was purchased for a fiver. The account belonged to one Paul Rubbamallet proprietor of P and A enclosures a small fencing company based just outside Swaffham in Norfolk. Unfortunately a combination of dreadful spelling and light shower of rain which caused the crayon used to write the demand to smudge resulted in the papers being sent erroneously to the Panda Enclosure at Whipsnade zoo.

 

Giant Pandas although able to read far better than threat monkeys are sadly colour blind so could not decipher the colourful scribblings warning of the terrible fate awaiting them and thus did not defend the claim. A charging order was subsequently placed upon the enclosure swiftly followed by an order of sale. Xing Lui, Zsa Zsa and the two clubs were forced out onto the pavements of the zoo where luckily a disgruntled ex employee of Links a Baboon by the name of Eric saw them, took pity and slipped them details of Links duplicity.

 

The pandas you will be pleased to know have since lodged an appeal and are confident of getting the original judgment overturned. The picture above shows the latter stages of the great feast of 2007, look closely and you can see the sandwich board bearing effigies of the victims which the winning employee gets to wear around the office for a whole month in the background.

 

 

 

For my April fools this year I shall be 'phoning (missing) Link and Cabbage answering the security questions and then stating although I do not acknowledge the debt I should still like to make a card payment of the entire balance in order to clean up my credit files.

 

When the threat monkey stops whooping and high fiving the others I shall simply say 'Ha ha April Fools' and see what they say then. To further the merriment I might even phone random DCA's lead them on a bit just to get them excited that some looney is trying to pay them and see if anyone is prepared to accept a card payment even though the account does not exist priorto calling them fools.

[foolishgirl]

 

 

:D:D Oh poor pandas!! :D:D

 

 

See you on Wednesday TLD for the update.......

[diamondgirl]

I definately think you need to publish your writings TLD - I don't think these are suitable for childrens bedtime reading - think they might have nightmares about the poor pandas.

Superb writing - it's really cheered me up - look forward to the next installment.

DG:D:D:D

[diamondgirl]

A quick update - just had my statement from the CCCS poor old Link shame they don't get a penny extra - just increased payments to other creditors by a little. Hope that rattles them - serves them right greedy monkeys.

DG;)

[Toulose LeDebt]

A quick update - just had my statement from the CCCS poor old Link shame they don't get a penny extra - just increased payments to other creditors by a little. Hope that rattles them - serves them right greedy monkeys.

DG;)

 

 

Good sounds like things are picking up at your end to some degree.

 

Just a thought.......

 

Will Link know that you have upped payments to the others and not themselves? It's not important per se but if they were to find out they are likely to blub about it in Court and claim that you've not been entirely honest and no wonder they're forced into litigation because you are paying everyone else more etc. etc. sure you get the drift.

 

A one liner stating that you have upped payments to all creditors with the exception of the Link account which is subject to Judiciary process might be in order, but no smiling or laughing out loud when you post it remember.

[diamondgirl]

No they only had an updated I&E cause one of the other creditors wanted an update. When I asked CCCS they said just put down the existing payments. So its tough luck I can state that if asked cause we submitted a copy of the new one to the courts. Anyway I dont set the payments not my fault. I don't care about them anyway. I can always say well you're lucky to get that cause we just had a 10% pay CUT.

[miziwizzi]

Argh poor ol Link!

 

Anyone come across the ex link staff forum on facebook? tehe

[diamondgirl]

Oh Oh looks like I'm out of a job in a couple weeks time so that should be fun with the plonkers.DG;)