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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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**COMPLAINTS** Link Financial


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Hi everyone

This is a great link - there is soooooo much info on here coming from many different directions. I am now doing some gathering of info.

 

Before I apply to have my partners Link and GE money CCJ and charging order set aside - I will go to GE Money to get all the info on a subject access request as it seems they are still the holder of the debt - although maybe it is now Santander? Wow this misdirection is more elaborate than any magic show I have ever seen - beats Derren Brown even!

Any advice anyone - does that sound like a first port of call?

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Guest blackie

It's quite simple with the charging order, Link have to be the sole owners of the debt, they must have purchased it, if this is the case they will have a deed of assignment, which they have to provide you with a copy. However if the debt was equitable, then both parties would have had to apply for the CCJ, not just Link. If this is the case, then the Charging Order was gained illegally and would be easy to get set aside, as they have stated in their request for an order that they own the debt, if they do not, the judegment can not stand.

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Thankyou for your help with this blackie. It makes things clearer for me. Do I write to Link asking for this copy of the deed of assignment - is there a template letter for that or a preferred format?

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Guest blackie

i HAVE TO BE HONEST AND SAY I DO NOT KNOW IF THERE IS A TEMPLATE FOR THIS LETTER, BUT I'M SURE THERE WILL BE. I ONLY KNOW SO MUCH BECAUSE I HAVE HAD LEGAL ADVICE. MY PROBLEM IS WITH ABBEY AND LINK. I HAVE TO SAY ABBEY ARE BEING VERY SHIFTY AT THE MOMENT AND SEEM TO BE RELUCTANT TO ANSWER ANY QUESTIONS WITH REGARD TO THE STATUS OF THE LOAN, EQUIABLE OR NOT. LINK OF COURSE ARE PLAYING TO WAITING GAME, NO SIGN OF DEED OF ASSIGNMENT. INTEND JUST GOING TO COURT TO GET JUDGEMENT SET A SIDE IN JANUARY. THEN THEY CAN SORT IT OUT BETWEEN THEMSELVES.

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Bamboo,

Sounds as if you're sort of in a similar position to me. No messy court stuff with mine but GE sold the account to Link back in March 2009 but as late as September 2009 acknowledged the reason I had placed the account in dispute in the first place and refunded quite a few hundred pounds to the account balance by readjusting it with Link.

 

(This return of charges was seperate to penalty charge type claim as a review of the original T&C's GE provided for the 'agreement' taken out in 2000 made no mention at all of any charges or costs for those charges so no contractual right to have ever charged them.)

 

After the adjustment Link issued court papers just 15 days after the account adjustment to collect the debt total. Abuse of the court system when GE had clearly finally recognised and vindicated my decision to place the account in dispute in the first place by returning a considerable sum to the account. In essence GE unlawfully got Link involved because they were sulking and wouldn't accept I was right.

 

Link issued court papers in their name only when clearly the account assignment (if it exists, still asking for it) was equitable in nature. Must have been if Link allowed GE to change balance totals many months after the supposed assignment and just days before litigation starts. As you are clearly aware Link cannot commence litigation in their own name unless the assignment was absolute and clearly, it wasn't.

 

Bit of support for you there then, it does look as if Link are still up to their usual tricks and playing everyone for stoopid. Keep us posted ;)

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Thankyou for your help with this blackie. It makes things clearer for me. Do I write to Link asking for this copy of the deed of assignment - is there a template letter for that or a preferred format?

 

Will post up a suggestion in the morning.

 

AC

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Guest blackie

What I have discovered is that Link in issuing court papers have actually committed a criminal offence, because the debt is only assigned and not sold, they are taking everyone for mugs including the court system. I believe anyone who has anything to do with Link should check their papers very carefully, I for one will be writing to the OFT, and the serious fraud office.

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What I have discovered is that Link in issuing court papers have actually committed a criminal offence, because the debt is only assigned and not sold, they are taking everyone for mugs including the court system. I believe anyone who has anything to do with Link should check their papers very carefully, I for one will be writing to the OFT, and the serious fraud office.

 

Thats interesting, could you please enlighten us.

 

I've got a recent court claim from Link, the two documents they have failed to provide is NoA & DoA.

 

Beachy

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Hi everyone

Thanks for your input. It makes very interesting reading. I feel angry and sad about all this because it is such a waste of everyone's time and energy. We shouldn't need to going through all of this because of certain people who have no morals and think they can do as they please.

 

The people behind all this are so greedy and there is simply no need for it all. If money was lent at lower interest rates with a decent ethos then this spiralling nastiness wouldn't happen.

 

As emandcole said it would be great for a decent group of people to start a debt collecting company as a social entrepeneur scheme.That could attract funding and start to change the way our society operates. Ideally at school level it would be good to educate kids on budgeting etc - I know I never received that type of practical stuff.

 

What I have found is that alot of my belief systems have gone out of the window and I really needed to have this experience to understand my society - especially the court system - better.

 

If these companies are making use of our legal system with criminal actions intentionally , then this forum and the people on it can make social change possible - it is only by taking action that these criminal activities will be exposed and challenged.

 

This is a type of slavery where a group of people are treated without respect or regard for the law and it's time it stopped.

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Guest blackie

Beachcomber60, its quite simple really, when you complete your defence form, you state clearly and simply that Link do not own the debt, and you are somewhat confused as to why they are attempting to commit fraud in a court of law. It is vital that you respond, also advise that you are reporting their actions to the OFT and make sure you send copy of court papers to the OFT. Link work very quickly and think that you will have no idea what they are up to. If they have no Deed of Assignment they have no right to take you to court. Also write to the original company and advise them what Link are doing, ask them to confirm whether the debt was an equitable assignment , put copy of this letter with your court papers. Act now, please do not wait.

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GE Money apparently sold my debt to Link Financial who then, without reference to me or allowing me to arrange a payment plan, took the claim to Nottingham CC (I live in Somerset) and obtained judgement without me receiving notice of the claim, nor being able to defend the claim (as I had no idea that the claim was being made) or bme being able to discuss payment terms. I applied to Notts CC for the judgement to be set aside due to the lack of paperwork received, but Link have applied for a charge against my property through their Cardiff office as the claim has now been transferred there. When telephoning to discuss the situation, there is no answer from their Cardiff office - only an answer machine that has no memory left - presumably becaise so many people have left messages regarding their actions.

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Hi Rudnig

Exactly what happened to us. They do this very quickly with an intent so that you are lagging behind and exploit the fact that you will not know how the system works.

 

I wrote a letter to the Court Manager at Cardiff asking for the case to be heard at our local court. I explained that the case had been tried in my partner's absence and that the court must not have received the paperwork and it was transferred to Huddersfield.

 

My advice is do not try and speak to Link on the phone - ever. If you read the other threads they are not to be trusted in any of their communications.It is a complete waste of energy. Contact the court manager at Cardiff asap in writing and say you want to defend your case locally.

 

Time is of the essence to stop the charging order and depends on what tack you wish to take. As this company have treated you in a grossly unfair manner and have not followed guidelines or protocols you may wish to use every procedure available to you and advice on this forum as to how to do that. If you cannot stop it don't worry you can still take action at any stage.

 

You need to get it transferred to your local court and start the process of a defence. There is alot to cover - if you start your own thread or ask for a member to transfer you ( sorry I'm useless on this!) other people can advise that are alot more experienced than me. I will help you in anyway I can.

Decide how you want to proceed and act fast - Link will not give you any allowances whatsoever.

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Very serious and this matter keeps cropping up!

 

IMHO, members who have/are experiencing such, should make the OFT aware;

Link Financial are using deceitful and misleading tactics, which should impact on their Consumer Credit Licence.

 

Consumer Direct are the consumer arm of the OFT; log your complaints with them: 08454 04 05 06 and;

make formal complaints to The Office of Fair Trading.

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Beachcomber60, its quite simple really, when you complete your defence form, you state clearly and simply that Link do not own the debt, and you are somewhat confused as to why they are attempting to commit fraud in a court of law. It is vital that you respond, also advise that you are reporting their actions to the OFT and make sure you send copy of court papers to the OFT. Link work very quickly and think that you will have no idea what they are up to. If they have no Deed of Assignment they have no right to take you to court. Also write to the original company and advise them what Link are doing, ask them to confirm whether the debt was an equitable assignment , put copy of this letter with your court papers. Act now, please do not wait.

 

Thanks for that, defending claim in full & have filed embarrassed defence with special thanks to angry cat & magda (morning AC :) ).

 

Now 2/3rds through the 28 days for link to respond, have got court acknowledgement so should be transferred to our local court.

 

Dont think I can do the link to my thread (using mobile) its :-

 

Court Claim from Link while in dispute with OC

 

No signs of the NoA or DoA - But they have sent a signing off sheet (creditor/suppier/ppi provider) which shows secret commissions were paid on taking out the finance, YIPPEE :)

 

Beachy

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Guest blackie

Never, Ever Speak To Link In Any Way, Never Make Any Arrangements With Them. It Is Their Responsibility To Show That They Own The Debt, Make Sure This Hearing Is Transferred To A Local Court, Get Help Now, These People Are The Lowest Form Of Life, Don't Be Afraid Of Them, But Do Not Speak To Them At All. Make Sure All Letters Go Recorded Delivery, Keep Records. I Suspect That Ge Have Not Sold Your Debt To Them At All And It Is An Equitable Assignment, This Being The Case They Have No Case.

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Beachcomber, sounds as if Link are playing dirty yet again. That's actually good for you as it gives you all sorts of arrows to sling at them. Agree with other posts entirely and I'm involved in litigation with Link at the moment also so keep us all posted and we'll guide you through it.

 

The assignment issue is a biggie and agree GE are unlikely to have transferred the debt in the correct manner to Link. Absolute must to report to OFT, the file on Link is getting pretty large and such stories will eventually result in OFT intervention. I have Link for attempting to pervert the course of justice at the moment and the OFT have had the file passed to them by my local trading standards team. Link are in for a bad time the day they show up in court! :lol:

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Thankyou for your help with this blackie. It makes things clearer for me. Do I write to Link asking for this copy of the deed of assignment - is there a template letter for that or a preferred format?

 

In my opinion, you will not obtain much information from Santander, you need to make a full SAR to GE: any and all historic data that relates to the account.

 

Also, if Link Financial are "the Creditor" they must supply you with ALL 'documents' relating to the account, including the statements on the account from the date of inception of the credit agreement to date.

 

You may wish to add the following to the letter that you intend sending to Link:

 

"I note that you purchased the alleged debt from GE, and trust therefore that it was formally assigned to you. Please can you provide me with documentary evidence of this alleged assignment."

 

Please note bamboo, that 'documentary evidence' does not mean a template NoA!

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Angry Cat

Thankyou for this info. I have been looking through several sites today with regards to different angles on this assignment issue.

 

I find if I try and see the bigger picture as to GE Money's incentive as to why this approach is chosen, it gives me more avenues to explore.

 

I am guessing that Link is a subsidiary company of GE Money and there are tax benefits in selling at a loss to a legally seperate entity and having a legal arm that is also a subsidiary that is a money making machine? Lots of different income streams? Tax efficient.

 

I had run ins in the past with Gmac over van leasing and found a site called g mac sucks. This got shut down by guess who? There were some scarey stories on there of vehicle repos and that was an eyeopener. It made us aware of the lengths these people will go to in order to make a buck. I guess these companies are part of the same family?

 

If I send a letter asking for assignment will it alert them to my agenda or does it not matter? As the judgement has already taken place I mean. I guess I am going for it being overturned as a legal enforcement shouldn't have been granted due to illegal proceedings?

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Angry Cat

Thankyou for this info. I have been looking through several sites today with regards to different angles on this assignment issue.

 

I find if I try and see the bigger picture as to GE Money's incentive as to why this approach is chosen, it gives me more avenues to explore.

 

I am guessing that Link is a subsidiary company of GE Money and there are tax benefits in selling at a loss to a legally seperate entity and having a legal arm that is also a subsidiary that is a money making machine? Lots of different income streams? Tax efficient.

 

I had run ins in the past with Gmac over van leasing and found a site called g mac sucks. This got shut down by guess who? There were some scarey stories on there of vehicle repos and that was an eyeopener. It made us aware of the lengths these people will go to in order to make a buck. I guess these companies are part of the same family?

 

If I send a letter asking for assignment will it alert them to my agenda or does it not matter? As the judgement has already taken place I mean. I guess I am going for it being overturned as a legal enforcement shouldn't have been granted due to illegal proceedings?

 

As far as I am aware Link Financial are not associated with GEMoney but I do believe they have an association with MBNA. However, it could well be that Asset Link Capital (different holding company, same owner) may be connected in some way?

They weave a tangled web...there is definately a trace through Wilmington Delaware...

 

If you are intending to have the judgement overturned, then the Deed of Assignment and Deed of Sale will be the most vital documents needed.

 

Will do some digging re GEMoney

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Application / Licence Details

Licence Number:0566896Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

Asset Link Capital (No.1) Ltd 5322368

 

Categories:

Consumer credit

Credit brokerage

Credit reference agency

Debt adjusting/counselling

Debt collecting

 

Right To Canvass Off Trade Premises:Yes

Issued Date: 02-Mar-2005 Expiry Date: 01-Mar-2010

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Mark Howard Filer OFFICER

Ruth Louise Thomas OFFICER

 

Historic Individuals that run the organisation:

Name Position

Adrian Cloake OFFICER

Paul Burdell OFFICER

Selina Lee Burdell OFFICER

 

Current Organisations that run the organisation:

Name Company Registration Number Position

Wilmington Trust SP Services (London) Ltd OFFICER

 

Nature of Business:

Debt Collection

 

Current Address(es):

Address Type Address

Principal Place Of Business Camelford House, 89 Albert Embankment, London, SE1 7TP

Registered Office Camelford House, 89 Albert Embankment, London, SE1 7TP

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CCA Search :: CCA Search Results :: Licence Details

 

 

Application / Licence Details

Licence Number:0472533Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

GE Money Home Lending Limited 3770763

 

Categories:

Consumer credit

Consumer hire

Credit brokerage

Credit reference agency

Debt adjusting/counselling

Debt collecting

 

Right To Canvass Off Trade Premises:Yes

Trading Name(s) (Current):

First Nat Direct 2 U

First National

First National Direct 2 U

GE Consumer Finance Home Lending

GE Money

GE Money Home Lending

GE Money Lending Solutions

GE Money Mortgages

igroup

igroup loans

igroup mortgages

 

Trading Name(s) (Historic):

ig5l

igroup direct

igroup Securities

igroup5

igsl

Ocwen P

Ocwen P Limited

OP.

OPL

 

Issued Date: 18-Aug-1999 Expiry Date: 11-Jan-2010

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Andrew Messenger

Brendan Edward Gilligan

Bruno Heese OFFICER

Bryan Adrian Falconer Burn

Clodagh Gunnigle

Colin John Varnell Shave OFFICER

David Harvey OFFICER

Duncan Gee Berry OFFICER

Ian George Ferguson

Kalpna Shah OFFICER

Mandeep Singh Johar

William John Flynn

 

Historic Individuals that run the organisation:

Name Position

Andrew Robert Punch OFFICER

Brendan Gilligan OFFICER

Colin John Varnell Shave OFFICER

Colin Sanders OFFICER

David Richard Carson OFFICER

Elizabeth Mary Sully OFFICER

Giacomo Gigantiello OFFICER

Ian Douglas Wilson

Ian Graham Story OFFICER

Jeffery Harris OFFICER

Jeffrey Allan Kagan OFFICER

Jeremy Edward Boakes OFFICER

John Peter Spencer OFFICER

Joseph Arthur Dlutowski OFFICER

Julian Stanley Nutley OFFICER

Keith Ainsworth OFFICER

Keith Roger Millward OFFICER

Marc Richard Parrott OFFICER

Michael Christopher McCarron

Michael John Melling OFFICER

Michael Richard Bellora OFFICER

Mr Alec David Johnson OFFICER

Mr Christopher John Collins OFFICER

Paul Dontschuk OFFICER

Paul Richard Askew OFFICER

Peter Brennan OFFICER

Richard Michael James Davis OFFICER

Ricky David Hunkin OFFICER

Sean Webb OFFICER

Stuart William Sinclair OFFICER

Susan Elizabeth Chrichton OFFICER

Tamara Lynne Keefer OFFICER

 

Current Organisations that run the organisation:

Name Company Registration Number Position

FN Secretary Limited OFFICER

 

Nature of Business:

Investment/Financial Advisers

 

Current Address(es):

Address Type Address

Correspondence igroup Servicing Limited, Malvern House, Croxley Business Park, Watford, Hertfordshire, WD18 8YF

Principal Place Of Business Malvern House, Croxley Business Park, Watford, Hertfordshire, WD18 8YF

Registered Office Malvern House, 4, Hatters Lane, WATFORD, WD18 8YF, United Kingdom

 

Historic Address(es):

Address Type Address

Correspondence Malvern House, Croxley Business Park, Watford, Hertfordshire, WD18 8YF

Correspondence Ramila Maneil, Secretariat, First National House, College Road, Harrow, HA1 1FB

Principal Place Of Business Malvern House, Croxley Business Park, Watford, Hertfordshire, WD18 8YF

Registered Office Malvern House, Croxley Business Park, Watford, Hertfordshire, WD18 8YF

Registered Office Malvern House, Hatters Lane, WATFORD, WD18 8YF, United Kingdom"

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