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More problems with Link....


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Hi, been having problems with Link again.... This claim was struck out last year as Link failed to respond to my defence. They later contacted the court and claimed not to have received any of the orders sent by the court (mmm...) and so the judge agreed to reinstate the claim. It has since been more or less in limbo for the best part of a year. However, Link has now contacted the court to kick start it, and we now have an allocation hearing to attend. Below is the agreement provided by Link and NOA.

 

http://img134.imageshack.us/img134/38/002tnw.jpg

 

http://img134.imageshack.us/img134/5121/001itg.jpg

 

I sent a cpr 31.14 on advice from Surfaceagent, requesting disclosure of DN served on each defendant, however, they have not been able to provide this to date. I am now going to send a follow up to cpr 31.14 stating that if they do not comply, I will apply for a court order.

 

I would really welcome any opinions on the above. I did wonder about the actual figures on the loan, shouldn't Link have shown the total cost of the loan, not just the amount actually being borrowed?

 

many thanks,

 

Magda

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Magda,

 

A very important part of your defence is the noa. If you did not include it in your defence you need to make reference to putting them to proof that it was sufficiently served on you by a registered postal service or personally.

 

Also, you should ask to see the actual assignment itself as the dates on the assignment and the notice need to tie up exactly or it's invalid.

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Magda,

 

A very important part of your defence is the noa. If you did not include it in your defence you need to make reference to putting them to proof that it was sufficiently served on you by a registered postal service or personally.

 

Also, you should ask to see the actual assignment itself as the dates on the assignment and the notice need to tie up exactly or it's invalid.

 

Hi nicklea, thanks for the reply. I have received a NOA from them - have posted a copy above. It was mentioned in my defence, but they have provided a copy of the document they claim was sent at that time. They have also provided the agreement.

 

They haven't provided a DN though, also mentioned in my defence and I have put them to strict proof now via cpr 31.14.

 

Would be interested in any opinions on the documents above though... the agreement could easily be a reconstruction and I have asked to see the original in court.

 

Thanks, Magda

 

Just to add, the NOA was sent by Link on their headed paper, I haven't got anything from First National, the OC, at all.

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I presume that the two folowing points were part of your defence:-

 

The noa MUST have been sent by recorded / special delivery or served on you personally before court action commenced (either that or you have admitted actually receiving it - this is never wise to do), otherwise they cannot take you to court.

 

You also need to see the actual document of assignment for two reasons. One, to confirm that it actually exists and ,two, to check that the date on the noa is correct. If the date isn't correct then it isn't valid.

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Hi nick, no I didn't admit receiving the NOA, I put them to strict proof that all docs had been sent, so nothing in writing from me to say I have it. They have provided the NOA posted above following receipt of my defence (not on time, I might add, which is why the claim was struck out initially). The DN has not been provided at all. I have also stated that I wish to see the Deed of assignment, but nothing there either. This has all been dragging on for over a year now, and it would be nice just to have it all sorted. The other thing is, I would have expected to have received something for First national to state that the debt had been assigned (the goodbye letter) and then something from Link introducing themselves, but nothing at all from FN. Many thanks, Magda

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Mine was struck out a couple of weeks back so hope you don't mind me following this with interest. When they told me they'd so called bought the debt thats the same standard letter I got. Never got anything from GE alll they sent me were the statement when I SARd them so perhaps they'll do the same with me eventually.

DG

I have no legal training my knowledge comes from my personal life experiences

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that agreement is missing info MAGDA

 

look at the agreement regs, schedule 1 para 10, para 18 and para 22

 

Hi pt, will have a good look at the regs posted above, Link seem to be really gunning for us at the moment, all of the claims were either struck out or discontinued, and they are trying to get them all up and running again, thanks for your help, Magda

 

 

Mine was struck out a couple of weeks back so hope you don't mind me following this with interest. When they told me they'd so called bought the debt thats the same standard letter I got. Never got anything from GE alll they sent me were the statement when I SARd them so perhaps they'll do the same with me eventually.

DG

 

Hi DG, yes, I've been watching your thread and was really pleased with the outcome you had recently, always nice to get the better of Link. I noticed on another thread they are trying to reinstate another claim that was struck out, they just don't seem to know when to give up. In my case the claim was struck out, and they then wrote to the court and said they hadn't received the orders sent by the court, of course they were lying through their teeth, but the judge reinstated it. I'm sure you'll be absolutely fine, I think they are annoyed as they brought four claims against us and haven't been successful with any of them so far.

 

Magda

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pt, can only find regs for 2004 or 2006 online, but my loan was 2003. Should the agreement have shown the total loan amount (with interest) - as the one above just shows the actual amount borrowed?

 

thanks, Magda

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pt, can only find regs for 2004 or 2006 online, but my loan was 2003. Should the agreement have shown the total loan amount (with interest) - as the one above just shows the actual amount borrowed?

 

thanks, Magda

bear with me and i will find the regs

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That was quick pt, many thanks for the above:). As far a para 10 goes, they haven't stated the total charge for credit - don't know if the APR alone is enought here, they seem to have covered themselves where para 18 is concerned as they have stated next to APR: "No account of any variation of the rate or of tthe amount of interest payable has been taken."

 

para 22: charges on default: they have mentioned in the t&c's (which were apparently overleaf) that if the customer misses a payment, they must pay FNB all of the money that it reasonably costs FN to deal with any returned or unpaid itmes of that kind, it doesn't actually say how much though. Would this be enough?

 

really appreciate the help, Magda

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what about para 19 though?

 

I dont see anything about that

 

now the default charges isnt too much of an argument to be honest anyway but one which can help when thrown in with the rest

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hi pt, just looked again at the agreement - next to monthly rate of interest on the front it refers to condition 2 overleaf: this states: In the event of FNB's base lending rate increasing or decreasing after this agreement takes effect, the rate of interest at letter D on the front of this agreement (or the rate of interest at that time) may be increased or decreased by 1/12th the monthly equivalent of such change. would this satisfy para 19?

 

The thing is, these t&c are in very small print, and were apparently on the reverse of the agreement, so it is very unlikely that the debtor would actually read them or understand them before signing, I know I certainly wasn't aware of them.

 

Many thanks, Magda

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have sent the cpr 31.14 follow up letter, as Link failed to respond to the original letter last year. Still requesting all of the info needed, including deed of assignment - I know nicklea that you were saying the deed and what they allege to be the NOA should tie up, so be interesting to see what their response is this time.... Magda

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have just noticed on the order that Link do not have to attend the allocation hearing, it is being done by conference call, and the tel no. for this is given, however, we have been ordered to attend. That seems a little bit unfair to me, why don't Link have to attend if we do? it is their claim after all??????

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I don't know the reason for that. Where I used to work we did one on the phone. What happened was the mediator spoke to us, then they spoke to the defendant, then they rang us back and so it went on till reaching an agreement.

It might be worth a call to the courts to find out.

DG

 

These calls can last up to 1hr or so (ours at work lasted 1hr 15min

Edited by diamondgirl
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Thanks DG, going to ring the court next week to get a copy of some correspondence, so will ask about this as well. I don't see why the court should say we have to attend, with no choice in the matter, but the claimant can just phone in. It's probably a lot cheaper for Link this way, rather than having to send a solicitor in to court and all the associated costs, but that's just too bad, it's their claim after all - talk about one rule for them and another for us:mad: Magda

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Really is one law for them and one for us.:mad:

I don't see why they should get away with that think it's time for a rocket to be put under them.

I'm waiting to see what response I get from the plonkers before I put my letter to the judge asking for them to pay my costs. If I get no response from it god help them.

DG:)

I have no legal training my knowledge comes from my personal life experiences

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Been going through all the paperwork for this claim, and noticed that in the POC Link has stated that the claim is brought based on agreement no.xxxxxxxx dated xxxxxxxxxxxxxx. When I checked, the agreement they sent me has a different date, so they appear to have entered the wrong date on the claim form (either that or the agreement has been reconstructed and is showing the wrong date!) Does this make any difference if they have made this error in the POC? Magda

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Is the dates much out?

I suppose if its only a day either side they could claim it to be typing error but its still worth a mention.

Did you ring the courts about the mediation?

DG:)

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Hi DG, thanks for the reply, had a look at your thread yesterday and really pleased it's all going well for you.

 

Probably as you say worth mentioning about the date being wrong, not sure if it will make a lot of difference or not. Just going to ring the court now, so will let you know what they say, Magda

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