Link Fin Claim Form - what to do?

[jessie_girl6]

Hi there

 

I've been sitting on a claim form from Link Fin because I'm not sure if I should defend or admit it.

 

History: original loan was with GE Money back in Mar 2005 and I do have a copy of the original agreement and T&C. Owing to lots of problems, I couldn't keep up repayments and earlier this year we entered a DMP and have been paying reduced payments. GE Money said that these repayments weren't high enough; they issued a (valid) DN and then in Sept I got a letter from Link saying that they now have the benefit of the debt.

 

Then, out of the blue, Link issued a claim form on 28 Oct with the following POC:

"The Defendant(s) are indebted to the Claimant under the terms of a credit agreement dated xx/xx/2005, and assigned to the Claimant. The Agreement is regulated by the Consumer Credit Act 1974. The agreement provided that interest would be payable before and after a judgement. The right to proceed for subsequent interest is reserved. Default occured in payment and the loan was called in under S.87"

 

So in summary:

1. Paperwork all appears to be in place by GE Money

2. The only letter I have had re assignment has come from Link

3. There is a point about "the benefit of the debt" being assigned - does this have any bearing?

4. Should Link have sent me some letter before claim or some sort of correspondence prior to issuing the Claim form?

 

I have to confirm by Monday what I intend to do (admit or defend).

 

My question is: do I have any grounds on which to make a defense?

Also, if it goes in Link's favour, what do they normally do next (i.e. accept reduced payments, go for charging order, other)?

 

Thanks in advance

[angry cat]

The following thread will assist you:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/227155-court-claim-link-while-2.html

 

Post number 30, 33 and onward.

 

AC

[angry cat]

addendum;

 

You must use the embarassed defence as shown.

 

It would not be fair nor reasonable for you to submit a full defence, until Link Financial Limited have provided to you, all the documents that their claim is reliant upon;

that includes the Deed of Sale and the Deed of Assignment!

 

AC