Link CCJ/CO - Old HBOS Debt - now order to attend for financial details at court

[eggnchips]

Good Morning

 

Firstly I have been very stupid but need some urgent help please.

 

I am in trouble with Link.

 

In February I received an order to attend for questioning in connection with an order they have against me.

They have a charging order that was obtained without me having the chance to defend.

This was dated Feb 2008. 

I wasn't living at home so didn't receive the docs.

 

On receipt of the order to attend I sent Link a request for a copy of the credit agreement and a Subject access request.

In the meantime I wrote to the court to inform them that I was dealing with the matter.

I asked for the hearing to be postponed.

I have copies of all of the letters and fax transmission records.

I called the court but the court manager failed to call back on two occasions.

 

Link eventually supplied the SAR, this is an activity and memos report.

The agreement didn't arrive, I contacted Link and was told that the agreement would follow within a month.

This has still not arrived.

 

Being the idiot I am I didn't realise I was in contempt despite me keeping the court fully up to date with events.

I have to attend next wednesday.

 

In the meantime is there anything I can do with regard to Link failing to supply the agreement.

I can't find anything that states the date of the original loan.

My wife is convinced I will be dragged off to jail.

Any help much appreciated

[supasnooper]

Firstly, tell your wife you won't be going to jail.

 

I am guessing the Court hearing next Wednesday is regarding the Charging Order being made final....please confirm this or post\type up the Court Order.

 

If you sent a SAR to Link and they haven't complied then you'll need to take them to court to get a compliance order.

However, I would advise treading carefully here.

Did Link have absolute assignment of the debt or were they just acting on behalf of the creditor ?

If absolute then they should have the CCA; if only acting then chances are that they won't have the CCA and you'll be wasting £30.00.

 

I'll need to wait for your responses before I can advise further.

[palomino]

You say you applied for the hearing to be postponed. How did you do this? Was your request ever acknowledged?

[eggnchips]

Thanks for the replies. Firstly the court did not respond or reply to any of my letters and the manager did not call back. Secondly, according to the log they forwarded a letter back in october 2008 stating that they had secured a charging order. Their involvement first started in July 2005. Looking again at the log they wrote to HBOS for a copy on March 2nd this year (following my request).

[supasnooper]

Please can you answer the folowing questions -

 

 

1/ What exactly is the hearing for ?

 

2/ Did Link have absolute assignment of the debt or were they just acting on behalf of the creditor ?

[eggnchips]

The original was an order to attend court for questioning, this is for the purpose of ascertaining my ability to pay. The claimant or Judgement creditor is shown as Link

[supasnooper]

I'm confused as to the subject of the Court Hearing.

 

If Link do have a Charging Order then their CCJ is secured against your property if you fail to make a repayment.

 

I doubt that Link would ask for a redetermination hearing if they have a Charging Order.

 

Moving on, you say that you never received the paper work for the Interim Charging Order.

 

If so you may wish to get the Order set aside.

 

Have a look at this link - http://www.consumeractiongroup.co.uk/forum/legal-issues/225306-no-jurisdiction-application-set.html#post2494654

 

[eggnchips]

I am sorry if I am not being clear but I am having problems understanding what to do. The court want me to attend to provide a statement of means. I have not seen any court documentation but I assume as they have a charging order that is why I am being called to court. I still though don't have a copy of the original agreement. I do know I haven't paid anything to these people. Can I have this thrown out on teh basis that they have not provided the original agreement

[unfoundfuture]

without any jargon, how has a court placed a charging order on your proerty without seeing the original agreement?

[42man]

You can't avoid the questioning if ordered by the court (and you can't dispute the debt at this stage)...HOWEVER if you apply to set aside the original CCJ then they have to look at this - Removal of CCJ's - Step by step guide to the process

[eggnchips]

Thanks for the reply, I have been looking through boxes of old papers but I have nothing on this. They have never provided a copy of the agreement. Their own log states that they requested a copy of the agreement themselves but they don't reflect receipt. Again according to their log they wrote to advise that they secured a charging order on the beneficial interest on the property. Am I totally screwed ? I don't know teh date of the original loan but it must have been in 2002-2003. They still haven't sent me through the agreement. What grounds do I have to request a set aside

[supasnooper]

If you never received the Court summons then you have good grounds to apply for a set aside.

 

Read the link 42man has supplied as details the steps.