GE Money now Link Financial

[hammyhound]

No DN was attached to the witness statement and it is not in the court's copy. The terms and conditions stretch to 3 pages and could not possibly have been on the back of the application form and they start at 8.

 

I hope you are right and they are well and truly sunk.

 

HH

[pumpytums]

It may be worth drawing your costs up just as an exercise you understand.

 

I would get it straight in your head just why not having a valid (or no) default notice is fatal.

 

At the end of the day they have been told to produce one.

 

Pumpytums

[pumpytums]

Any news Hammy?

 

Pumpytums

[hammyhound]

Nothing to report

 

Hearing this month so armed with what I have I will do my level best to shoot them down.

 

First of all Judge can you go to exhibit and you will notice the DN is not included and secondly the terms and conditions of 3 pages must not have been on the back of the application form.

 

I hope you are right about the DN surely that is enough to have the case thrown out.

 

I will update after the hearing.

 

HH

[emandcole]

Hi Hammy, just a quick review of your thread. Just wanted to make sure you were fully armed for this as forgive me for saying, you seemed a little bit 'I'll pop along and see what happens' !

 

Yes Sink are cretins but they are pretty good at making ill prepared judges think the sun shines out of their .

 

Are you well prepared? Seemingly you have a good case so wouldn't want you to fall by the wayside for any reason.

[hammyhound]

Sorry Emandcole,

 

I didn't mean it to sound that way.

 

I have printed off my whole thread and spent hours looking at other Link threads.

 

If you can advise on how to approach this it would help.

 

My first order was that they produce the terms and conditions from the back of the "agreement" and also the DN by a certain date. 1 week after the deadline arrive they then produce a statement and low and behold the terms and conditions are 3 pages and start at number 8. This being that in all probabilities them terms and conditions could not have been on the back of that agreement. Secondly the DN was not exhibited. They say it is but having looked at my copy and checked with the court this was missing.

 

So I wonder if you could give help in explaining this to the Judge. I was going to quote the relevant case law regarding the DN but felt that I would be telling the judge their job.

 

A few pointers would help.

 

Thanks for looking in.

 

HH

[emandcole]

Sorry Emandcole,

 

I didn't mean it to sound that way.

 

I have printed off my whole thread and spent hours looking at other Link threads.

 

If you can advise on how to approach this it would help.

 

My first order was that they produce the terms and conditions from the back of the "agreement" and also the DN by a certain date. 1 week after the deadline arrive they then produce a statement and low and behold the terms and conditions are 3 pages and start at number 8. This being that in all probabilities them terms and conditions could not have been on the back of that agreement. Secondly the DN was not exhibited. They say it is but having looked at my copy and checked with the court this was missing.

 

So I wonder if you could give help in explaining this to the Judge. I was going to quote the relevant case law regarding the DN but felt that I would be telling the judge their job.

 

A few pointers would help.

 

Thanks for looking in.

 

HH

 

Thats ok

 

Just wanted to make sure you were ok. Got your PM and have responded. If you add your next posts back on here to keep us all in the loop that would be great.

 

As for adding case law where appropriate do not shy from doing that. There are many occasions where a judge has needed that direction and guidance and in issues of CCA law such submissions can be critical.

 

Unfortunately not all judges are entirely clued up so if you have the ammo don't be scared of using it, you can be certain the other side won't spare the feelings of the judge in the same way.

 

It isn't an issue of emotions anyway, it's business and we all know that is as far seperated from sensitivity where money is concerned as you can get

[hammyhound]

 

Just wanted to make sure you were ok. Got your PM and have responded. If you add your next posts back on here to keep us all in the loop that would be great.

 

 

Hi, I didn't send you a PM so I am not too sure what has happened there but anyhow will spend the next week or so gathering everything together and making notes regarding case law.

 

Thanks

 

HH

[hammyhound]

Just an update folks, our hearing was today I represented OH as lay representative. Well Link were well and truly hammered. The poor agent didn't know what to say. Link were ordered to produce the DN and terms and conditions again but failed to do so. The agent only had two pieces of paper. I had a lever arch file. Judge was really clear in what was required of the Claimant and he said "the claimant has still not produced the DN after 9 months, they wont produce it now, Link also produced a credit card terms and conditions and I explained to the judge that what we had was a storecard and not a credit card and thereby the terms and conditions provided were incorrect.

 

The story goes on but I wont bore you save to say that not only Link lost they have to pay our costs as well which is more than the debt was originally for. It seems Link said they never received the two previous orders which the Judge then said so how come you sent a supplemental witness statement pursuant to the order. Agent couldn't answer anything but save to say that she was told to tell the judge that there had been an administrative error in that the notice of default sums was sent instead of a dn. I counter argued but Judge it was sent 3 times not just the once.

 

I got the impression from the beginning of the hearing that the Judge was going to strike it out anyway. A really decent judge who knew the Act and knew that Link were pulling a fast one.

 

Case dismissed, the claimant to pay the defendant's costs which the judge thought were very modest and advised the agent to speak to Link about issuing claims and not having the relevant documents to back it up

 

Could someone alter my thread to say "won"

[diamondgirl]

This is absolutely fantastic and great another nail in the coffin the Stick.

 

DG:whoo:

[hammyhound]

Im chuffed to bits still on a high. The fact that my costs were more than the claim and as we all know they would have bought the debt for next to nothing they are well and truly screwed. Forgot to say the judge said "costs to be paid within 7 days otherwise the Defendant will immediately apply for a warrant of execution".

 

HH

[emandcole]

Sweeeet. Well done, another victory and sounds as if you had a very fair and clued up judge who most likely from the sound of things is sick and tired of DCA's like Sink using the courts as a mass filtration system to sieve the weak from the strong.

 

Judges like that do exist and are to be applauded, all we ever ask for on CAG is fairness and the application of the law in the correct manner. Great result.

[AndyOrch]

Well done you Hammy

 

Delighted for you

 

 

Andy:razz:

[debbbbsy]

:whoo:

 

Well done hammy.

 

 

Debs xxx

[underdog13]

Superb news - congratulations HH; delighted for you

[pumpytums]

Nicely done Hammy,

I find it amazing that Sunk (past tense now:lol:) took it that far. As you know in mine and Emandcoles they discontinued.

 

I wish Sunk had took mine that far in a way. Make sure Sunk remove the D from your credit file they have a tendency to forgot. They still have their D on my file even though the OC confirmed in writing it was removed. Shame that it's got to be worth a few ££££. Damage to credit and such.

 

Wouldn't it be great if they fail pay in 7 days.

 

One more thing Hammy how come you got costs? I thought it was small claims?

 

Great job.

 

Pumpytums

[hammyhound]

Pumpy,

 

it was small claims (in fact a very small claim so to speak) but the judge asked if I had any costs that should be paid and hey presto out of the file comes a schedule of costs I prepared earlier. He was a decent judge who said that the bill was not excessive and Link will be paying this.

 

HH

[pumpytums]

Thanks Hammy,

could be that they were willing to blow £100 on yours but save £300 on my case then.

 

Strange company.

 

Pumpytums

[hammyhound]

 

Wouldn't it be great if they fail pay in 7 days.

 

Guess what they didn't so I sent in the bailiffs to recover my money

 

I would love to have been there.

 

Have to check with the court tomorrow to see when I get my dosh - a small donation on its way.

 

HH

[pumpytums]

 

Wouldn't it be great if they fail pay in 7 days.

 

Guess what they didn't so I sent in the bailiffs to recover my money

 

I would love to have been there.

 

Have to check with the court tomorrow to see when I get my dosh - a small donation on its way.

 

HH

 

 

That's made my year nice one Hammy.

 

 

I love payback.

 

 

Pumpytums

[emandcole]

Awesome

[emmaf01]

Wonderful. Oh for the CCTV footage...

[pumpytums]

Hammy,

maybe you should phone sunk up and ask if they have paid? Could be quite amusing.

 

On the other hand they may try and pay you in their special brand of BS hearsay evidence.

 

On a serious note if bailiffs are involved do they end up paying even more?

 

 

Pumpytums

[hammyhound]

Jut to put a closure on my thread, I did receive my dosh in the end although I had to wait nearly 3 weeks for the court to send it to me as they have a long clearance system but hey ho it is in my bank account and now looking forward to a happier christmas thanks to link.

 

All your help was much appreciated and in the end Link lost big time thanks to CAG and also to my judge who recognised the CCA act. I just wish I put more costs on but then that's me being greedy - I am happy with what I got and the Judge said my costs were "fair and reasonable".

 

Thanks everyone - another door closes but another one is turning the handle!!!

 

HH

[underdog13]

Delighted to hear your good result, HH:whoo: