Link claimform - First National GEHL double glazing loan **WON - WRITTEN OFF BY GE**

[angry cat]

Send your Disclosure Request to Link Financial, here is a template; edit to suit:

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION UNDER CPR 31.14/15

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment; deed of assignment and deed of sale. True copies of any default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

 

 

AC

Edited November 5, 2009 by angry cat

[diddydicky]

31.14?

[angry cat]

31.14?

 

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

 

Part 18 can then be used to obtain further information:

 

http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part18.htm

Edited November 5, 2009 by angry cat

[cymruambyth]

I've also posted this on the capn's thread

beachy: You have 5 days for service, 14 days to acknowledge service and another 14 if you defend. Do not wait for the court to contact you. Keep to the time scales or they can get a judgement by default.

 

As AC has said, submit an embarrassed defence if necessary and amend later.

[diddydicky]

PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

 

Part 18 can then be used to obtain further information:

 

PART 18 - FURTHER INFORMATION - Ministry of Justice

 

i was pointing out the error in your defence

 

proceedings have already started so it is CPR31.14 request not CPR31.16

 

sorry for the confusion

[angry cat]

Quite Right DD!

 

31.14 & 15 it is.

 

Documents referred to in statements of case etc.31.14(1)

A party may inspect a document mentioned in –

(a)

a statement of case;

(b)

a witness statement;

©

a witness summary; or

(d)

an affidavit(GL).

(e)

Revoked.

(2)

Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.

(Rule 35.10(4) makes provision in relation to instructions referred to in an expert’s report)

 

Inspection and copying of documents31.15Where a party has a right to inspect a document –

(a)

that party must give the party who disclosed the document written notice of his wish to inspect it;

(b)

the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice; and

©

that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.

(Rule 31.3 and 31.14 deal with the right of a party to inspect a document)

 

 

AC:)

Edited November 5, 2009 by angry cat
addition

[beachcomber60]

Morning all,

 

Firstly, just like to say a big thank you to you all for rallying round yesterday, your help & support is greatly appreciated & and we mean that most sincerely. This has been an absolutely terrible year one way or another ( roll on January 1st - only 49 sleeps 'til Xmas Spam ).

 

Sorry I 'disappeared' yesterday without replying to the defence & letter for link. Also in the post was areplacement part for my mobile, which I have been waiting for. Decided to repair the phone yesterday afternoon - didnt think it would take long, how wrong I was - had to dismantle the whole phone to get at the offending part, only to find that it was a mammoth task in trying to rebuild it, even Mrs 'B' got involved beingas she just to work in the type of repair work.

 

Anyway ended up finishing it at gone 10pm (with no parts left over )

 

Next time I'll send it away.

 

Just a query regarding the defence not sure what reference number I should be inserting -

 

18. In view of the matters pleaded above, I respectfully request that the court gives consideration to whether the claimant’s statement of case should be struck out as disclosing no reasonable grounds for bringing the claim, and/or that it fails to comply with CPR Part 1xx.

 

Thanks in advance

 

Beachy

[angry cat]

CPR 31.14 Beachy,

 

However, you could substitute points 18 & 19 with the following, if you feel that these could make matters clearer:

 

 

18. The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons

 

19. Alternatively, Should the court order the claimant to produce the necessary documentation. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

[beachcomber60]

CPR 31.14 Beachy,

 

However, you could substitute points 18 & 19 with the following, if you feel that these could make matters clearer:

 

 

18. The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons

 

19. Alternatively, Should the court order the claimant to produce the necessary documentation. I will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

 

Thanks AC,

 

Link letter gone off today (post office reckons the address was incorrect, according to their 'puter another firm is at that address, must be more then one business at that location).

 

Will be acknowledging the claim this afternoon when I get back home, can I submit that defence online at the same time ?

 

Thanks again,

 

Beachy

[angry cat]

The following link explains what you have to do:

county court bulk centre

 

There may be insufficient characters allowed on the on-line form, if that is the case you send your embarassed defence to the Court Manager by Special Delivery;

don't forget to include the claim number.

 

Your case will then be moved to your local county court.

[beachcomber60]

Evening all,

 

Could I please ask for the following be checked over before I submit it to the court (was tempted to state that we have never heard of Link until the claim landed on the doormat

 

"Defence

 

1. Except where otherwise mentioned in this defence, We neither admit nor deny any allegation made in the claimants Particulars of Claim and put the claimant to strict proof thereof.

 

2. The Defendants are embarrassed in pleading to the Particulars of Claim as it stands at present, inter alia: -

 

3. The claimants’ particulars of claims disclose no legal cause of action and they are embarrassing to the defendants as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part 31:14. In this regard I wish to draw the courts attention to the following matters;

 

The Particulars of Claim are vague and insufficient and do not disclose an adequate statement of facts relating to or proceeding the alleged cause of action. No particulars are offered in relation to the nature of the written agreement referred to, the method the claimant calculated any outstanding sums due, or any default notices issued or any other matters necessary to substantiate the claimant’s claim.

 

4. The defendants require sight of the deed of assignment of the alleged debt. In addition the defendants require proof of service of the Notice of Assignment in accordance with s196 of the Law of Property Act 1925 which is required to give the claimant a legitimate right of action in their own name since it appears these are assigned debts. The reason the defendants request this information is inter alia to clarify the dates are correctly stated on all documents , the defendants notes that if there are errors in the assignment it may be rendered in effectual in law per W F Harrison and Co Ltd v Burke and another - 1956 2 All ER 169

 

5. Consequently, we deny all allegations on the particulars of claim and do not know what case we have to answer.

 

6. Further to the case, on **/11/2009 I requested the disclosure of information pursuant to the Civil Procedure Rules, which is vital to this case from the claimant. The information requested amounted to copies of the Credit Agreements referred to in the particulars of claim and any default or termination notices, a transcript of all transactions, including charges, fees, interest, alleged repayments by us and payments made by the original creditor. Also any other documents the Claimant seeks to rely on, including any default notices or termination notice, and a copy of the Notice of Assignment required to give the claimant a legitimate right of action.

 

7. Since the claimant have failed to disclose the relevant information to this claim it is submitted that we do not hold sufficient information to compile a full defence to the claimants allegations at this stage.

 

8. It is our opinion that the claimant is trying to frustrate matters in not supplying the documents requested. It is submitted that the claimant taking this course of action places us at a clear disadvantage and there is no apparent reason why the claimant would seek to withhold this documentation from us.

 

9. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules we have not yet had the opportunity to asses if the documentation the claimant claims to be relying upon to bring this action even contains the prescribed terms required in Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) which was amended by Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482). The prescribed terms referred to are contained in schedule 6 column 2 of the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553).

 

10. The courts attention is drawn to the fact that where an agreement does not have the prescribed terms as stated in point 8 it is not compliant with section 60(1) Consumer Credit Act 1974 and therefore not enforceable by s127 (3). The courts attention is also drawn to the authority of the House of Lords in Wilson-v- FCT [2003] All ER (D) 187 (Jul) which confirms that where a document does not contain the required terms under the consumer credit act 1974 and the Consumer Credit (Agreements) Regulations 1983 (SI 1983/1553) and Consumer Credit (Agreements) (Amendment) Regulations 2004 (SI2004/1482) the agreement cannot be enforced

 

11. Notwithstanding points 8 and 9, both debtor and creditor must sign any such agreements in the prescribed manner. If such a document is not signed by the debtor the document cannot be enforced by way of section 127(3) Consumer Credit Act 1974

 

12. The claimant is therefore put to strict proof that such a compliant document exists

 

13. It is neither admitted or denied that any Default Notice in the prescribed format was ever received and the Defendants puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. We note that without service of a default notice under s87 (1) Consumer Credit Act 1974 the claimant would not have a right to demand repayment of any sums under an agreement or to terminate an agreement

 

14. Notwithstanding point 12, we put the claimant to strict proof that any default notice sent to us was valid. We note that to be valid, a default notice needs to be accurate in terms of both the scope and nature of breach and include an accurate figure required to remedy any such breach. The prescribed format for such document is laid down in Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) and Amendment regulations the Consumer Credit (Enforcement, Default and Termination Notices) (Amendment) Regulations 2004 (SI 2004/3237)

 

15. Failure of a default notice to be accurate not only invalidates the default notice (Woodchester Lease Management Services Ltd v Swain and Co - [2001] GCCR 2255) but is a unlawful rescission of contract which would not only prevent the court enforcing any alleged debt, but would also give rise to a potential counterclaim for damages where damage occurs to our credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

16. Without Disclosure of the relevant requested documentation we are unable to asses if we are indeed liable to the claimant, nor we are able to asses if the alleged agreement is properly executed, contain the required prescribed terms, or correct figures to make such an agreement enforceable by virtue of s127 Consumer Credit Act 1974

 

17. Regarding that which is denied, the claimant seeks to claim statutory interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% per annum. The defendants notes that the claimant is not entitled to do so and attention is drawn to The County Courts Interest on Judgment Debts Order 1991 Section 2 (3)(a) which sets out that this is the case as this claim is in relation to a debt regulated by the Consumer Credit Act 1974

18. The Claimants have not established any legal right to issue a claim or proven that any debt exists. It is the Defendant’s position that the Claimant’s claim is entirely spurious and without merit and should be struck out for the aforementioned reasons

 

19. Alternatively, should the court order the claimant to produce the necessary documentation. We will then be in a position to file a fully particularised defence and counterclaim and will seek the courts permission to amend my statement of case accordingly.

Statement of Truth

 

 

We …………………….., believe the above statement to be true and factual

 

 

Signed ……………………………………………….."

[Spamalot]

Looks good to me Beachy...

 

But you may want to wait for AC to comment as she seems extremely well versed in the matter of 'Link' related issues..

 

Spam.

[angry cat]

Yes agree, looking good:)

 

When you receive your AQ, you can apply for a Draft Order for Directions:

 

This is the Draft Order For Directions:

 

In the ************* County Court

Claim number **********

 

 

 

 

 

 

Between

************* - Claimant

 

and

 

 

xxxxxxxxxx - Defendant

 

 

 

 

Draft Order for Directions

 

The Claimant shall within 14 days of service of this order file and serve the following: (send to the Defendant and to the Court):

• Copies of the Credit Agreement and any documents referred to within it which complies with the consumer Credit Act 1974 and all subsequent regulations, which the claimant seeks to rely upon

• A transcript of all transactions, including charges, fees, interest, repayments and payments and both the original credit limit and any repayments made to the alleged account.

• The original terms & conditions in force at the inception of the alleged account.

• True copies of any notice of assignment and/or default notice or enforcement/ termination notice that the claimant or the original creditor sent me, with a copy of any proof of postage that you hold

• Default Notices compliant with s87 (1) Consumer Credit Act 1974 and Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 (SI 1983/1561) as amended,

• A true copy of the Deed of assignment and bill of sale and the country in which the transaction took place.

• Notice of assignment persuant to Section 136(1) of the Law of Property Act(1925), with proof of service of the same compliant with s196 (4) of the Law of Property Act 1925.

 

• Signed documentation in regard to securitisation and the name/address of the receivable company and the signature of the company secretary of the notery body.

 

• A copy of the claimants Consumer Credit Licence describing the activites that the claimant is allowed to perform under the said Licence.

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

The Defendant shall within 14 days thereafter file and serve the following

• An amended defence sufficiently particularised in response to the documents supplied by the claimant

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

 

An amended defence sufficiently particularised in response to the documents supplied by the Claimant."

 

***the Draft Order for Directions is applicable to both the N149 & N150***

 

XXXXXXXXXX -v- XXXXXXXX

Claim No: xxxxxxxxxxxxxx

 

N149 / 150 ***Allocation Questionairre

 

Section G/H *** - other information

 

If the court is in agreement, the defendant respectfully requests that special directions may be given as per the attached draft order.

 

The defendant proposes these directions in mind of the Overriding Objectives, and in particular the duty of the parties to help the court further them. The issues outlined below are the crux upon which this claim rests, and the proposed directions identify these issues and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously;

 

without production of the requested documents, I am at a disadvantage and am unable to serve a proper dfeence. Failure of the claimant to supply the requested documentation will make the case harder for the court to deal with as without production of the requested documentation will inhibit the courts ability to deal with the case.

 

The House of Lords in the case of Wilson v First County Trust Ltd - [2003] All ER (D) 187 (Jul) made it clear in paragraph 29 of LORD NICHOLLS OF BIRKENHEAD judgement

 

29. The court's powers under section 127(1) are subject to significant qualification in two types of cases. The first type is where section 61(1)(a), regarding signing of agreements, is not complied with. In such cases the court 'shall not make' an enforcement order unless a document, whether or not in the prescribed form, containing all the prescribed terms, was signed by the debtor: section 127(3). Thus, signature of a document containing all the prescribed terms is an essential prerequisite to the court's power to make an enforcement order. The second type of case concerns failure to comply with the duty to supply a copy of an executed agreement pursuant to sections 62 and 63, or failure to comply with the duty to give notice of cancellation rights in accordance with section 64(1). Here again, subject to one exeption regarding 62 and 63, section 127(4) precludes the court from making an enforcement order.

 

It is respectfully requested this case beallocated to the small claims track, it is a straight forward case and is easily resolved on production of the required documentation by the claimant, should the claimant not have the documentation required to progress this case I suggest that there will be no case to answer.

 

Therefore it stands to reason that this document must be disclosed before the case can progress any further.

 

***Edit to suit.

 

On the AQ form in either Box G or H depending on the type you are sent, write the following:

 

Please find enclosed the following attached to this allocation questionairre;

 

1) Section G/H** - other information

2) Draft order for directions

 

This allocation questionairre and its attachments were sent to the claimant on ***/**/2009."

 

Send a copy of the AQ to the claimant: Link Financial Limited"

 

by Beachy:

...was tempted to state that we have never heard of Link until the claim landed on the doormat"

 

Leave these matters, including your PPI issues, to when you submit your full and amended defence.

 

AC

[angry cat]

Also Beachy, take a look at this thread:

http://www.consumeractiongroup.co.uk/forum/legal-issues/166060-zhanzhibar-link-financial-2.html

 

AC:)

[beachcomber60]

Thanks to you both, will get straight on to it now - no way do I want them to get it by default.

 

This is one battle I've got to win

 

Thanks again

 

Beachy

[beachcomber60]

Not sure this is going in the right direction ?

 

Filed fully embarassed defence, however, starting to get info from the claimant in dribbs & drabbs so far received copy of NoA ( no proof of posting or proof of delivery) & statement of account (contains charges & supposed to have been 12 months interest free although interest was added on a monthly basis following start of agreement) rest of info 'to follow' I know the cca exists because I've got a copy.

 

Looking like the battle will be regards PPI added as a single premuim making it a multi-agreement (I hope).

 

Seems to have hit the buffers regarding PPI information, creditor has told me to bog off they didnt sell the ppi and contact the supplier & the supplier has ignored 1 email & two RD letters.

 

Not sure what steps to take now.

[cymruambyth]

Maybe send a SAR asking for all information held on you re application and the t&cs.

[beachcomber60]

Maybe send a SAR asking for all information held on you re application and the t&cs.

 

Thanks cymruambyth,

 

Yes already SAR GE Money, what they supplied was very vague to say the least.

 

The agreement was supposed to be 12 months interest free, however, interest was added each month from month one.

 

Never received any phone calls from Link but after receiving a court claim we are now getting calls from Link (fortunately all blocked by True Call)

 

GE have washed their hands of mis selling PPI stating that it was the glazing company that was the broker who was responsible for the PPI, however, after going through the paperwork tonight it appears that FN/GE were the brokers for Pinnacle Insurance :-

 

'First National Consumer Finance Ltd complies with the Association of British Insurers Code of Practise for the selling of General Insurance and is designated as a company agent.

 

Although GE werent regulated at the time the account was opened it appears that Pinnacle were and as such the FOS may take up a complaint as to why a regulated company was allowing a non regulated company to sell its products.

 

Have read zhanzhbars thread with great interest, hope to pick up some pointers from there, what is cca s63(2) ?

 

Beachy

[angry cat]

Make SAR s to both Pinnacle Insurance and;

First National Consumer Finance Limited

 

:

'First National Consumer Finance Ltd complies with the Association of British Insurers Code of Practise for the selling of General Insurance and is designated as a company agent.[End Quote]

 

p.s. dig up the dirt, beachcomber!

Edited November 19, 2009 by angry cat

[AA99]

still subbing with great interest beachy. My GE money loan account got swallowed up and spat out to 4 DCA's so far:confused: 15 months down the line now..............

Edited November 19, 2009 by AA99
dyslexic keyboard!

[beachcomber60]

still subbing with great interest beachy. My GE money loan account got swallowed up and spat out to 4 DCA's so far:confused: 15 months down the line now..............

 

Like your edit I got one of them keyboards as well, gotta a stubborn mouse as well.

 

This will go fast track as its closer to £10k than the £5k limit for small claims, should I not be looking for a solicitor?

 

Iam I right in saying that as they have issued a court claim they should NOT start phoning?

 

Printer will be working overtime in the morning when I get home

 

 

Beachy

Edited November 20, 2009 by beachcomber60

[Spamalot]

Hi Beachy..

 

I would have thought that once a court claim was issued the phone calls should have stopped!!

 

That's serious harrasssment in my book if they've been ringing... I hope, and I'm sure you have () got all those calls logged.

 

Spam.

Edited November 20, 2009 by Spamalot

[angry cat]

Others may disagree, but if you do not feel sufficiently confident, then you should get a solicitor involved.

 

Most certainly, Link should not be harassing you after issuing a county court claim!

[MAGDA]

Have you also received a copy of the DN beachy? You will also need to the see the Deed of Assignment as well as the NoA, hopefully once you have this you will have further ammunition to fire at Link. One other thing as well, if this agreement was signed in your home after face to face discussions, then it is a cancellable agreeement and FN (GE) need to have complied with the regs re: providing cancellation details. If they didn't (or can't prove theydid) then this can also mean the agreement is unenforceable. You might already know all of this, so sorry if I am going over old ground.

 

Best wishes, Magda

Edited November 23, 2009 by MAGDA

[beachcomber60]

Evening Magda,

 

Very little from them so far, only received a copy of 'your debt as been bought by us' & statement of account ( Which contains charges & of course PPI).

 

Received a response from the d/glazing co. they cannot help as present manager was there at the time, salesman involved no longer employed, they no longer sell ppi, commisions paid is confidentual & the best bit they didnt know what CPR 31:14 is.

 

Have found paperwork that confirms FN/GE ARE responsible for the PPI inspite of them saying they werent.

 

I'am hoping that as PPI was added as a single premium & added to the credit amount makes it a s18 multiple agreement, (without its seperate prescribed terms).

 

Next is to CPR GE & the insurance company concerned.

 

Regards

 

Beachy

Edited November 23, 2009 by beachcomber60
Typo