LINK Financial? Check this out...

[emandcole]

Ok, an update for this thread on my current position. Have recently attended the court for my application hearing which was scheduled to take 30 mins, I was out after 15.

 

Link sent a solicitors clerk to represent them and once inside the judge started asking questions of him. It quickly became obvious that the judge was fed up with Link Financial and told all present that he had heard 3 previous cases all instigated by Link and on each occasion their attitude, preperation and general demeanour had caused him great concern and some amount of anger. He went on to inform us that he had actually thrown one of their cases out as they'd essentially been taking the michael out of the courts and the defendant.

 

The other side passed the default notice over. I've been asking for this for months having genuinely never had one. SAR and CPR requests all ignored to date. The judge handed it back and informed him that that was not a default notice. Scurrying around for paperwork the representative then made some excuses before responding to the next demand from the judge, where is the notice of assignment?

 

He passed a letter over, the judge screwed his face up, passed it back and informed him that was not good enough. I helped matters here by displaying an internet example of a correct notice of assignment for comparison. Naughty? Moi?

 

I pointed out in the slightly awkward atmosphere that I have also not been given a complete statement history with many months missing, something Link cannot possibly sort out as I have a letter from the original creditor apologising for the fact that they had been unable to provide them to me due to 'system issues', whatever that means. I guess they lost them basically.

 

The judge has confirmed the track and moved on to AQ's which I guess I'll get pretty soon and in the meantime Link have until sometime in February to file and serve these missing documents. If they don't it'll be struck out. They have also been ordered to produce the deed of assignment which will I'm told most likely have a list of names on, mine included as any assignment was probably part of a group deal.

 

Quite how they're allowed to go find another default notice and notice of assignment seems a little unfair, if they've used the documents they showed to the judge that he handed straight back as invalid then technically they had no right to bring such action in the first place!

 

I still have a whole raft of hurdles for them to jump over even if they produce all of this stuff, two of which are certainly insurmountable and will result in them failing. I'll just keep those to the side for now I think.

 

More as it comes.

Edited March 23, 2010 by emandcole

[DonkeyB]

At least the judge is giving them a hard time. You know they can't provide most of the documents, so it will be interesting to see what they do come up with.

 

I think you should write to Link demanding copies of the documents they presented as evidence to the court, and an explanation of why they were not previously disclosed - did you get copies at the court?

[emandcole]

Unfortunately not but I did request to see the copies they had tried it on with so whether I'll actually get to see them or not is another matter.

 

I doubt it but am annoyed that they can turn up with stuff equivalent to a crisp packet and a mars bar wrapper and state these are what we have based our 'right' to commence litigation with. If I defended with such crap in the future I'd be out on my ear in no time.

 

Given the fact that Link have ignored my CPR request they signed for back in September 2009 I'd be lucky to get sight of whatever it was they tried it on with yesterday. Any advice, have I missed something here from a rights perspective as this seems pretty unreasonable to me. That aside the judge was very fair, that's all we ever ask eh?

[emandcole]

 

I think you should write to Link demanding copies of the documents they presented as evidence to the court, and an explanation of why they were not previously disclosed - did you get copies at the court?

 

Just one point, it was an application hearing I'd funded to force their hand as they weren't playing ball with the CPR requests. Can I still demand such copies now they've presented them, even though they were useless and it wasn't at trial stage?

[angry cat]

Have you made a request for disclosure under CPR Part 31.15?

 

You cannot really move forward without full disclosure!

[angry cat]

If Link will not disclose, then your will have to request a draft order for directions on your AQ.

[sportsflash1]

The judge sounds fair - I am guessing it wasn't Lambeth County Court.

[vint1954]

Have you made a request for disclosure under CPR Part 31.15?

 

You cannot really move forward without full disclosure!

But they all seem to treat CPR as a joke. They selom if ever comply.

 

It's not dificult, there were 3 documents referred to in my claim issued by Optima, the agreement and documents mentioned in it, the DN and the tremination notice. They sent a forged DN ( yes Forged ) a totally illegible copy of an application form, dissasociated prescribed terms, also illegible and no termination notice or terms and conditions. I have complained to the court, but no response.

 

You have my sympathies emandcole.

[Big TJ]

Good Afternoon,

This is my first attempt at writing something about "The Creature from the Black Lagoon" (Link, as we call it).

Both my wife and I are being hounded by Link and we have both asked for copies of our CCAs. I got a whole page and my wife got a piece of copy paper with what seems to be Balance Transfer Details/Signature Form.

When we sent an e-mail to Link asking for the full agreement, we received a letter back stating" the documentation sent to you fulfils with our obligation under the Consumer Credit Act 1974 and do not consider your account to be in dispute". Can anyone tell me what should we have as copies of our agreements?

Thanking you in advance.

[angry cat]

Good Afternoon,

This is my first attempt at writing something about "The Creature from the Black Lagoon" (Link, as we call it).

Both my wife and I are being hounded by Link and we have both asked for copies of our CCAs. I got a whole page and my wife got a piece of copy paper with what seems to be Balance Transfer Details/Signature Form.

When we sent an e-mail to Link asking for the full agreement, we received a letter back stating" the documentation sent to you fulfils with our obligation under the Consumer Credit Act 1974 and do not consider your account to be in dispute". Can anyone tell me what should we have as copies of our agreements?

Thanking you in advance.

 

Welcome TJ!

 

It may be of benefit if you start your own thread.

 

However; The Consumer Credit Act 1974 - Sections 77-79

 

On request and when accompanied by £1, a consumer has the right to:

 

A Copy of their executed credit agreement and;

Any other document referred to in it; (inception terms and conditions and any PPI if applicable)

A statement showing;

 

-the total sum paid under the agreement by the debtor

 

-the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due, and

 

-the total sum which is to become payable under the agreement by the debtor, and the various amounts comprised in that sum, with the date, or mode of determining the date, when each becomes due.

[Big TJ]

Greeting AC,

Thank you for replying.

We did request copies but we got back two completely different ones. Mine was a full page showing but my wife's is a shrunken Balance Transfer/Signature Form, and whilst it does have my wife's signature on it, it doesn't appear to be too official. Is there a set format?

[emandcole]

Have you made a request for disclosure under CPR Part 31.15?

 

You cannot really move forward without full disclosure!

 

Hi AC, did make a CPR request back in mid September which Link ignored completely, I have proof they received it. Am I right in thinking there is a further CPR request you can make that really turns the heat up a bit?

 

I believe it entitles you to immediate inspection of the other sides documentation? Think I'll go and review the CPR stuff as Link are clearly having a laugh.

 

As for moving forward if they don't provide by mid February I'll make an application to have it struck out and claim costs but I am interested in making a counter claim for injury to credit so I need to read up on how this works as the court system is still in parts an unknown to me.

[F_DCAs]

My net connection's up and down, so my search capability is hit and miss at the minute. Does anyone have an excellent CPR letter to use for full disclosure?

[emandcole]

This is the best one, courtesy of Surfaceagent. Amend as needed as the other side only have to reveal what has been included in their Particulars of Claim.

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) county court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the assignment*

 

3 the default notice*

 

4 the termination notice*

 

5 [any other documents mentioned in the Particulars of Claim]*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

Edited January 31, 2010 by emandcole

[angry cat]

Cpr 31.15!

[emandcole]

Cpr 31.15!

 

Edited

[angry cat]

Emandcole, please look at PT's thread:

http://www.consumeractiongroup.co.uk/forum/show-post/post-2695725.html

 

FULL thread here:

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

[emandcole]

Emandcole, please look at PT's thread:

http://www.consumeractiongroup.co.uk/forum/show-post/post-2695725.html

 

FULL thread here:

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

Ah, so using 31.15 means they have to allow me to see their documents? Does this apply even when the judge has looked at their paperowrk, dismissed it and given them a few weeks to get it all sorted out? Feels a bit like treading on the judges toes.

 

Really like to see and get copies of the NOA and the Default the judge handed back to them as invalid!

[angry cat]

Ah, so using 31.15 means they have to allow me to see their documents? Does this apply even when the judge has looked at their paperowrk, dismissed it and given them a few weeks to get it all sorted out? Feels a bit like treading on the judges toes.

 

Really like to see and get copies of the NOA and the Default the judge handed back to them as invalid!

 

Yes, I know what you mean; important to keep the judge happy and follow the protocols.

Maybe allow them a little time to provide to you the missing required docs.

 

However, I do feel that you need to obtain copies of the DoA and DoS.(Link will not want you to have them)

 

Suggest that you post a your question on PT's thread re: the correct protocol to follow, as you have already made an application but still have not received full disclosure.

[emandcole]

Will do that, thanks for your advice again

[SWIS]

subbing!

[emandcole]

General directions time. Looks like I did get a good judge for sure as he's putting up with no nonsense from the DCA so three cheers for a judge doing his job and exercising both backbone and fairness.

 

Claimant to file and serve default notice, notice of assignment, deed of assignment redated if necessary (surely if this was incorrect in the first place the claimant would have had no right to have even commenced action? All a bit backwards surely?) and finally an explanation of how they arrive at the figure claimed. That will be interesting considering the statements are still in pieces and even if they turn up the original creditor failed to reserve any contractual right to even apply default charges .

 

Won't give date just yet but I can say they don't have a lot of time .

[DonkeyB]

Excellent. Shame we can't bottle your judge (ie. distribute him like a nice drink - not smash a glass in his face).

[haggis1984]

Excellent. Shame we can't bottle your judge (ie. distribute him like a nice drink - not smash a glass in his face).

 

Or keep him in a bottle like a little ship and bring him out for all our claims

[cerberusalert]