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

[MAGDA]

Happy New Year

 

Doing the AQ & Draft Order for Directions as it has to be filed to court this week.

 

As far as the Draft Order is concerned I have added the following :-

 

Underwriters Sheet showing any commissions paid, the amount & to whom

 

So far as the AQ is concerned I think I've got to grips with it, two questions before I fill it in

 

1) Pre-action Protocols - Have I complied with preaction protocol (Yes - I believe I have, asked for documents (as advised) not all provided by Link)

 

2) Mediation - Should I ask for this or not? (All Link want is Judgement & charging order)

 

3) Time for Trial or Final Hearing (how longs a piece of string?)

 

Finally, I am asking for Small claims track as the case is fully based on documentation (really hoping secret commissions is the sting)

 

As always many thanks

 

Beachy

 

1. you can answer "yes" here.

 

2. No to mediation - the claimant has failed to substantiate their claim.

 

3. Time for Trial - 2 hrs (that's the standard - the judge will decide how long)

 

You can ask for small claims, it will depend on Link's AQ - whether they also ask for small claims or fast track. If you both want small claims the judge will probably agree.

 

regards, Magda

[beachcomber60]

Thanks Magda,

 

Begining to think I was all alone

 

Getting a wee bit worried now - seems I've only got your support now on CAG.

 

Got to fight this one myself, cant find a local solicitor let alone afford one, so help & support greatly appreciated.

 

Beachy

[MAGDA]

Hi Beachy, no, you're not alone - I'll help whenever I can!

 

I know what you mean about not being able to get a solicitor, I rang practically every solicitor local to me when one of the Link ones was placed on the fast track, and they all seemed to deal in Family Law, but weren't even remotely interested in the type of case I wanted them to take on.

 

It's actually very difficult to get a solicitor who has enough knowledge in consumer law - some of them don't seem to know much at all.

 

Hopefully you will get some more help as this goes on, I'm sure you will. There are a lot of us out there who know and hate Link!

 

Hopefully, once the judge has seen your draft directions, he will order Link to provide a lot more info, if they don't, you may then get the chance to get their claim struck out. Take it from me, they aren't exactly on the ball:D

 

Best wishes, Magda

[angry cat]

Happy New Year Beachy!

 

You are not alone!

 

I have not commented as it appears that MAGDA is advising you correctly;

MAGDA has has first hand experience re: Link at Court.

 

AC

[Craftygirl42]

Beachcomber - Magda has been helping me and her advice is good, she has already been there, she is a great support too

[beachcomber60]

Thanks AC,

 

Me being pessimistic again, (my biggest downfall in life)

 

Got a wee bit depressed over the weekend, GE, glazing firm & Pinnacle all ignoring my letters, but on the other hand it should strengthen my argument/case.

 

Told the OH that 2008 was when disaster struck us, 2009 stabilized things(ppi reclaims/charges & who actually has 'enforceable' agreements) & 2010 is going to be our fight back year, all thanks to CAG.

 

Happy New Year

 

Beachy

[Craftygirl42]

I got a bit low just before xmas and was considering throwing in the towel, but Magda and CitizenB and a couple of others helped me through and I am back fighting.

 

You can do it too xx

[beachcomber60]

I got a bit low just before xmas and was considering throwing in the towel, but Magda and CitizenB and a couple of others helped me through and I am back fighting.

 

You can do it too xx

 

Thank you so much, it is reassuring to know there are people out there who care, I am really touched.

 

Beachy

[angry cat]

:

GE, glazing firm & Pinnacle all ignoring my letters"

 

Thats what they do!

 

Ask yourself:

Why?

 

Stay strong, stay focused:)

 

AC

X

[AA99]

GE passed my account to Link who passed it to HL Legal and when I responded to their threatening court letter with a CPR31.16, I haven't heard from anyone since:shock: However, one solicitor turned my case down (I think only because she wasn't specialised in car credit agreements) but I think I have found another. Will advise in due course but still subbing

[beachcomber60]

GE passed my account to Link who passed it to HL Legal and when I responded to their threatening court letter with a CPR31.16, I haven't heard from anyone since:shock: However, one solicitor turned my case down (I think only because she wasn't specialised in car credit agreements) but I think I have found another. Will advise in due course but still subbing

 

Hiya AA,

 

Hope your well, Happy New Year.

 

What has made me so bl**dy angry with GE/Link is that there was no LBA or anything, GE passed it to Link who then went straight for a Court claim.

 

Beachy

[beachcomber60]

Hi all,

 

Court papers returned to court, await next stage.

 

Letter from Link, will produce DoA upon the courts directions and for the judges perusal only.

 

Letter from Glazing company solicitor :- before they respond further they now require an actual copy of the court claim

 

'B'

[Craftygirl42]

I have a problem with the Assignment on my case and I have been told by other CAGers that I have the right to see it. It will be interesting to see what others with more knowledge say

[diddydicky]

Hi all,

 

Court papers returned to court, await next stage.

 

Letter from Link, will produce DoA upon the courts directions and for the judges perusal only.

 

Letter from Glazing company solicitor :- before they respond further they now require an actual copy of the court claim

 

'B'

 

have you looked at enjoining them in the claim?

[beachcomber60]

Received their AQ, they intend relying on iots (their spelling?) witness statement & 'hearsay evidence'.

 

What worries me is the following:-

 

"The claimant believes that the defence is invalid because full information has been provided to the defendent since the filing of the defence clearly showing what the claim relates to. As such we request that the defence be struck out and judgement entered for those sums claimed as full details of the agreement and claim have been provided."

 

I only submitted an embarassed defence, do I not get the opportunity to file a proper defence in order to dispute the claim fully?

 

Do I await the courts response to the draft order of directions to file a proper defence? or have I now got 14 days to put the defence together (if not struck out as they are seeking)

 

Your guidance will be greatly appriecated.

 

'B'

[diddydicky]

if you have submitted an embarrassed defence have you been provided with any documents you have requested

 

perhaps they have confirmed that documents already sent to you are the ones they will rely upon in their claim, in which case you cannot keep demanding further copies

 

at some stage you will need to amend your defence even if documents are missing you can include a para requesting to amend your defence further on production of documents from the other side

[diddydicky]

you can use AQ's to make a draft order for production of documents that they will not disclose to you

[beachcomber60]

Thanks DD,

 

They've provided the agreement, T&C's, copy of DN & a copy of the underwriters sheet (wasnt asked to provide it, but glad they did as it shows secret commissions )

 

Sent back Draft order of Directions (as suggested by angry cat) asking for DoA & NoA, guess the next step is to await a reply from the court to submit a proper full defence, just worried about making a c*ck up & allowing them judgement by default.

[beachcomber60]

Hi PPI warriors,

 

POST DELETED

 

Edited January 13, 2010 by beachcomber60

[beachcomber60]

Here is the agreement if anyone could double check it for me - especially the ppi element as to whether it should be a s18 agreement with seperate terms for the ppi.

Edited January 12, 2010 by beachcomber60

[angry cat]

Here is the agreement if anyone could double check it for me - especially the ppi element as to whether it should be a s18 agreement with seperate terms for the ppi.

 

FN1.jpg picture by beachcomber49 - Photobucket

 

Hopefully someone will check it for you on this thread:

 

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html

[42man]

For the secret commissions, you need to have a look at Wilson vs Hurstanger

Edited January 11, 2010 by 42man
Typo

[angry cat]

For the secret commissions, you need to have a look at Wilson vs Hurstanger

 

Wilson & Anor v Hurstanger Ltd [2007] EWCA Civ 299 (04 April 2007)

[beachcomber60]

At my forth attempt at getting the glazing company to reveal 'commission's' I have received this from their solicitors:-

 

Thank you for your letter **/**/****.

 

We are prepared to assist on behalf of our client if there is a dispute between yourself and our client. The purpose of our letter **/** was to establish whether there is a legal claim against our client (they wanted a copy of the court papers & an explanation as to Links involvement). If you are not prepared to deal with what are after all entirely reasonable requests we shall advise our clients that they have no liability to you and that we are unable to deal with your "complaint". (my letter wasnt a "complaint" I requested information as to whether they received a commission and if so by whom).

 

For the avoidance of doubt our client denies any liability to you and at all times our clients rights are reserved.

 

Yours faithfully

A. Solicitor

 

Should I now accept that they are not going to disclose "commissions"?

 

Still no replies from GE & the insurance PPI provider to the same letters (now had two letters each).

 

'B'

Edited January 12, 2010 by beachcomber60

[diddydicky]

well personally they ARE involved in that they were complicit in the exchange of secret commissions

 

there are a number of steps IMO that you can take

 

1/ SAR- them

 

2/ Subpena them to court

 

3/ enjoin them in the action

 

 

i think what they are looking for is a confirmation that you are not going to sue them

 

i would telephone them and point out that all you want from them are details of the commissions that were paid and you are not after them- however if they are unwlling to supply this information voluntarily then you will take advice as to what other means are available to you