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Hi

 

Have received a 'Letter before Action' in the post from Link stating that County Court proceedings will now be issued without further notice and that they shall obtain and enforce a CCJ against me. I took some advice on here and CCA'd them. I have now received a letter back stating:

 

"As you are aware Link Financial purchased your debt from GE Money on (said date) and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from GE Money and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide."

 

I take it that from this letter that:

 

  • Court Action will not be enforced until the CCA Request is satisfied? Is this right?
  • 30 days is well past the 12+2 days as required by law - what do i do if it passes this time? Can they still pursue this claim if they fail to met this deadline?
  • If they do produce the original CC what should I do as I am in a position to make a Full & Final Settlement.
  • If they fail to meet this deadline or to produce a copy of the CC does that give me extra bargaining position to offer a lower F&F or make it more likely for them to accept one?
  • Should I just send them a F&F offer now?
  • Should I contact them now to ensure that they do not enforce Court Proceedings without satisfying the CCA request?

sorry for so many questions - so much going on in my head about the right thing to do! Any advice would be a great help!

 

Thanks

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If they have told you they have not got the cca, then keep hold of that letter. They will go nowhere near a court, particularly since sending you that.

Do some reading on here about Link. They are shysters.

When the 12+2 are up, send them the 'account in dispute ' letter.

And leave at that.

Dont pay them any money, and dont ask them for an f and f.

You are not legally obliged to pay them anything if they dont produce a cca.

Forget the 'court action' letter and all that sh*te, they send that out to everybody. I've had that and I cca'd them and that was over 9 months ago....

jed

  • Haha 1
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If they have told you they have not got the cca, then keep hold of that letter. They will go nowhere near a court, particularly since sending you that.

Do some reading on here about Link. They are shysters.

When the 12+2 are up, send them the 'account in dispute ' letter.

And leave at that.

Dont pay them any money, and dont ask them for an f and f.

You are not legally obliged to pay them anything if they dont produce a cca.

Forget the 'court action' letter and all that sh*te, they send that out to everybody. I've had that and I cca'd them and that was over 9 months ago....

jed

 

Thanks for the info Jed - I read on here that Link have gone to court without a CCA thats what got me worried. What should I do if they do produce the CCA? If they dont (coz I would like to settle these debts) should I offer them a (low) F&F in the hope that they would accept without a CCA?

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Why show them your hand now?

 

Wait for the response to the CCA request. The more skint they think you are, the lower the F&F they might accept - or it may be completely unenforceable.

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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Which means you will have an instant retort to whatever they send you!

“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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by Link:

We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from GE Money."

 

Recent terms and conditions will not alone suffice;

inception terms and conditions are also required.

 

The terms were interest free at the time of inception and they dont seem to be adding any extras at the moment! However the fact that they have purchashed this debt and dont have the original CCA is quite encourging! I guess its just a waiting game to see if they come up with the goods or should i send them a F&F offer as i'm keen to settle my debts but only a limited resource to try and settle all of my creditors

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If they have told you they have not got the cca, then keep hold of that letter. They will go nowhere near a court, particularly since sending you that.

Do some reading on here about Link. They are shysters.

When the 12+2 are up, send them the 'account in dispute ' letter.

And leave at that.

Dont pay them any money, and dont ask them for an f and f.

You are not legally obliged to pay them anything if they dont produce a cca.

Forget the 'court action' letter and all that sh*te, they send that out to everybody. I've had that and I cca'd them and that was over 9 months ago....

jed

 

Jed & to all that can advise!

 

Link have still not come up with the original CCA but I have just been served Claim Form from the Northampton County Court Bulk Centre (CCBC) in which I have 14 days to respond. I have spoken to them and they admit that until they receive the CCA they cant enforce this claim but that them not having it does not stop them from proceeding with Court action. They seem very bullish that GE Money will be able to give them the CCA - they have even threatened to place a Charging Order onto my property (alas no equity and they wont get a penny that way - should I tell them that?).

 

Trouble I have now is I can get my hands on some money to offer F&F to all of my creditors in the hope that they will accept this discounted F&F but with only 14 days to respond what do i do?

 

 

  • I cant claim aginst them
  • I acknowledge the debt
  • I cant pay it off in full now
  • Asking for more time wont help at all

If i do not respond to this claim then judgment will be entered aginst me - if i accept the claim then I have no hope of them accepting a F&F! Any quick advice on what I should do or where I stand legally would be of great help!

 

Thanks!

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To all

 

I would appreciate any help anyone can give on this issue as I have just received a Claim Form on behalf of Link Financial via Northampton County Court Bulk Centre (CCBC) and I apparantly have only 14 days to respond! Here is a bit of the background:

 

After receiving the notice from Link that this GE Debt had been purchased from GE Money I then started getting the letters that increased in their threat level. Following advice on this site I CCA'd them and they said that they do not hold this documentation but would be requesting this from GE Money but that this could take up to 30 days (not the 12+2 that I am lead to believe that is required by law?) This is just about to pass and I was just about to send them a reminder or a 'this account is now in dispute' letter' but then this Claim Form arrives at my door with 14 days to respond to the claim!

 

Link have still not come up with the original CCA but as I have stated I have just been served Claim Form from the Northampton County Court Bulk Centre (CCBC) in which I have 14 days to respond. I have spoken to them and they admit that until they receive the CCA they cant enforce this claim but that them not having it does not stop them from proceeding with Court action. They seem very bullish that GE Money will be able to give them the CCA - they have even threatened to place a Charging Order onto my property (alas no equity and they wont get a penny that way - should I tell them that?).

 

Trouble I have now is I can get my hands on some money to offer F&F to all of my creditors in the hope that they will accept this discounted F&F but with only 14 days to respond what do i do?

 

 

  • I cant claim aginst them
  • Do I acknowledge the debt
  • I cant pay it off in full now
  • Asking for more time wont help at all

If i do not respond to this claim then judgment will be entered aginst me - if i accept the claim then I have no hope of them accepting a F&F i guess?! Any quick advice on what I should do or where I stand legally would be of great help!

 

Should I just offer them the F&F and see what happens? Not doing so seems a risk as now it seems that instead the onus being on them producing a CCA in time I now have to react to a Claim within 14 days! Any advice would be much appreciated!

 

Thanks!

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I am surprised they are taking you to court when they have admitted they have no enforceable agreement, can you post up the letter, are you sure it isn't just another threatogram, remove all personal details.

I have no legal training, any knowledge I have has come from this forum, and my own experiences. Always balance up any advice you get with your own common sense.

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right firstly calm down

 

you dont need to do anything yet

 

the 14days is your ack of it, it does mean you have to get everything ready by then. just ack it.

 

now, dcas are not unknown for producing 'spoof' claim forms

 

you first port of call is:

 

does it have a stamp and a case number?

 

next is to phone the court [if it has these] and check its valid. whilst tere, you can ask and get re-assured, there is little to worry about at this present time

 

there is also a website you can goto to check if it 'real'

 

butthats £8! and might be a waste compared to a quick phone call monday AM.

 

have a browse around the legal forum and you'll soon get the idea.

 

you dont have to pay them any money or make any offer

 

they HAVE to produce a valid CCA in court esp if you attend and there are many many ways to bat this off yet too.

 

firstly.

 

how about a scan of the claim form, but remove pers inf claim number etc and any barcode

 

photobucket is good for that

 

dx

 

 

so get that out of your head.

  • Haha 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Oh My,

Link have been very busy!

 

Right, you need to make a full disclosure request under CPR Part 31.14 to Link Financial; send this by recorded or special delivery.

 

You cannot submit a full defence until Link disclose all the documents that their case relies upon.

 

Also, I would guess that, their particulars of claim are vague.

 

At this stage you can only submit; the embarassed defence.

 

Important: you must acknowledge the claim within the 14 days or, Link will obtain judgement by default (that is their plan)

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Link are starting to issue a lot of claims lately, are they in desperate need of funds?

 

Acknowledge the claim and follow the advice given above

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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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 Part 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).

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Now that Link Financial have issued their claim, you need to obtain full disclosure of documents in order to submit your defence;

use CPR 31.14, send your request to Link by Special Deliviery

(if they do not disclose, you can then use CPR 31.15)

 

In the meantime, you need to acknowledge the claim by using the embarassed defence:

 

Suggestion, edit to suit:

 

"Defence

 

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

 

2. The Defendant is 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 defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part xxx. 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 defendant requires sight of the deed of assignment of each alleged debt. In addition the defendant requires 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 defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant 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, I deny all allegations on the particulars of claim and do not know what case I have to answer

 

6. Further to the case, on xx/xx/2010 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 myself 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.

 

[edit to suit]7. The claimant responded on the xx/xx/2010 to my request for disclosure under the civil procedure rules stating to receive this information I have to make a subject access request & pay them £10.00 [edit to suit] Since they have refused to disclose the requested information it is submitted that I do not hold sufficient information to compile a full defence to the claimants allegations at this stage.

 

8. It is my opinion that the claimant is trying to frustrate matters in refusing to disclose the documents requested. The claimant is ignoring the overriding objective and the courts attention is drawn to the fact that the letter they sent in reply to my disclosure request only relates to the ‘xxxxxxxx’ account, and they have ignored my CPR request for the account completely. It is submitted that the claimant taking this course of action places me at a clear disadvantage and there is no apparent reason why the claimant would seek to withhold this documentation from me.

 

9. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I 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 Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. I 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, I put the claimant to strict proof that any default notice sent to me was valid. I 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 my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

16. Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I 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 defendant 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. 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.

 

19. Alternatively, I respectfully request the court orders full disclosure of the documentation requested in point 5. I will then be in a position to file a fully particularised defence and respectfully request the courts permission to amend my defence accordingly.

 

Statement of Truth

 

 

I xxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed …………………"

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Firstly acknowledge service and just put defend all or part.

Remember they have added their costs onto this when they did this to me I admitteed I owed the balance but not their costs.

I hadnt found this site then or I would have defended all. I had no CCA. I sent off for the CCA during this time and when it arrived it was the original CCA I had signed way back when anyway during the years this card was upgraded (originally a store card) and no agreement was ever signed when they upgraded it. The lowlifes mistake was to put the date the card was upgraded as the original card date on the claim - shows how thick they are.

My advice is send the account in dispute letter as they have failed to produce anything in the 14 days allowed. I would also point out that I have seen loads of these letter to clients at where I work. We receive one we put the account in dispute.

The chances are GE dont have a signed agreement.

Watch for the letter asking you to return the docs to them - dont.

Watch for the letter asking you to sign the attached form saying you are happy for them to cancel the claim - just want you to sign it, get a CCJ against you without your knowledge and then go for the charging order.

Have a look at my thread Link Financial - GE Money and you can see what happened to me. Sorry I can't post the link to the thread sometimes it works sometimes it doesnt its my old mac thats about had it. You can even just go into the search button and put my name and search for my threads thats another way to find it.

There is absolutely loads on Link and GE have a good read it will give you loads of insight into what your dealing with.

 

Get your account in dispute letter off - remember at the very least recorded delivery.

 

By the way can you scan the particulars of claim up for all to have a look at but remember to remove anything that can identify you. If you can't just type up the details.

 

DG

I have no legal training my knowledge comes from my personal life experiences

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Hello AC!

 

If LINK's Particulars of Claim are vague and poorly pleaded, then I would hit them with the really short Embarrassed Defence:

 

(1.) The Particulars of Claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

(2.) Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

IOW, make it clear you regard their Claim as otiose and lazy, and kick the soggy turnip back into their vegetable patch!

 

Hit them with CPR 31.14 for sure, and I'd also have an N244 Strike Out waiting in the wings the moment the time is right, and sooner rather than later. Plus have a growing Bill of Costs ready to hit them with when the time comes.

 

Cheers,

BRW

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Hello AC!

 

If LINK's Particulars of Claim are vague and poorly pleaded, then I would hit them with the really short Embarrassed Defence:

 

IOW, make it clear you regard their Claim as otiose and lazy, and kick the soggy turnip back into their vegetable patch!

 

Hit them with CPR 31.14 for sure, and I'd also have an N244 Strike Out waiting in the wings the moment the time is right, and sooner rather than later. Plus have a growing Bill of Costs ready to hit them with when the time comes.

 

Cheers,

BRW

 

Totally agree BRW!

 

Short Embarassed Defence:

 

(1.) The Particulars of Claim discloses no cause of action and are self evidently an abuse of process, in that they fail to deal with the basic rules of pleading in accordance with the CPR (even allowing for the constraints of the bulk issue system).

 

(2.) Further to that above the defendant is unable to plead effectively or at all. The defendant is embarrassed.

 

Hopefully, the original poster: LIAM1234 will soon post up the Claim form that he/she received from Link Financial.

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I have merged the 2 threads so now it is easier to follow.

 

Please try to keep everything on this thread :)

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right firstly calm down

 

you dont need to do anything yet

 

the 14days is your ack of it, it does mean you have to get everything ready by then. just ack it.

 

now, dcas are not unknown for producing 'spoof' claim forms

 

you first port of call is:

 

does it have a stamp and a case number?

 

next is to phone the court [if it has these] and check its valid. whilst tere, you can ask and get re-assured, there is little to worry about at this present time

 

there is also a website you can goto to check if it 'real'

 

butthats £8! and might be a waste compared to a quick phone call monday AM.

 

have a browse around the legal forum and you'll soon get the idea.

 

you dont have to pay them any money or make any offer

 

they HAVE to produce a valid CCA in court esp if you attend and there are many many ways to bat this off yet too.

 

firstly.

 

how about a scan of the claim form, but remove pers inf claim number etc and any barcode

 

photobucket is good for that

 

dx

 

 

so get that out of your head.

 

Thanks for the info! Do I acknowledge the debt or defend all or part? I do recognise the debt but am trying to negotiate F&F settlement but am guessing that all they will do is just waste my time in the hope i dont respond to the claim and they 'win' by default.

 

They have not responded to my CCA request so now i will be sending them a Account in Dispute letter or do I need to do a CPR or both?

 

The claim form does have a Stamp and a Case Number but will phone the Courts on Monday! However, I guess I must first acknowledge this claim to stop them winning by default (i have been advised its probably part of their plan). I have also been given some good advice on how to submit and embarassed defence whilst hitting Link with a CPR. Is this the way forward? If I go this route would this rule out any opportunity for a F&F settlement?

 

As I have previously stated Im not trying to avoid this debt but am trying to agree F&F settlements with all of my creditors. I have the opportunity to obtain some money from a third party to try and clear my debts but it is not the full amount hence wh Im going for F&F settlements - other creditors have agreed or I am in negotiations with but Link have taken the Court route! Please can someone advise what I should do right now!:

 

- Acknowledge the debt to the Courts - does that mean accept the Claim or defend in full/ part?

- send Link a Account in dispute letter (as they have not responded to CCA Request?)

- Send a CPR to Link following Court Claim?

- Try and get a F&F with Link in writing?

 

Also my partner has also been getting letters and has also received a Claim from the Courts although in the Account and all the letters her name is wrong - she signed using her name & signature on the orinal application form (eventhough she is not a homeowner - she lives here but is not on the mortgage and we are not married but they are addressing her as Mrs xxx (my surname) this appears on all correspondence, default letters and court claims! I did protest at the time as to why she had to have her name on the loan application as she wasnt going to be paying the loan (should have stuck to my guns now in hindsight).

 

Do I need to repsond on both our behalfs or do i need to get Link to wipe her out of the claim seeing as the name is wrong ect? I dont want my partner dragged into this and dont want her chased for any debts but i do find it strange that all correspondece (we get seperate letters) she is addressed as Mrs (my surname) although we are not married and she didnt sign as Mrs (my surname) - confused?? Sorry for the long winded reply I have had so much advice i dont know what to do 1st or whats the best thing to do? Please Help! Thanks

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Now that Link Financial have issued their claim, you need to obtain full disclosure of documents in order to submit your defence;

use CPR 31.14, send your request to Link by Special Deliviery

(if they do not disclose, you can then use CPR 31.15)

 

In the meantime, you need to acknowledge the claim by using the embarassed defence:

 

Suggestion, edit to suit:

 

"Defence

 

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

 

2. The Defendant is 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 defendant as the claimant's statement of case is insufficiently particularised and does not comply or even attempt to comply with CPR part xxx. 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 defendant requires sight of the deed of assignment of each alleged debt. In addition the defendant requires 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 defendant requests this information is inter alia to clarify the dates are correctly stated on all documents , the defendant 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, I deny all allegations on the particulars of claim and do not know what case I have to answer

 

6. Further to the case, on xx/xx/2010 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 myself 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.

 

[edit to suit]7. The claimant responded on the xx/xx/2010 to my request for disclosure under the civil procedure rules stating to receive this information I have to make a subject access request & pay them £10.00 [edit to suit] Since they have refused to disclose the requested information it is submitted that I do not hold sufficient information to compile a full defence to the claimants allegations at this stage.

 

8. It is my opinion that the claimant is trying to frustrate matters in refusing to disclose the documents requested. The claimant is ignoring the overriding objective and the courts attention is drawn to the fact that the letter they sent in reply to my disclosure request only relates to the ‘xxxxxxxx’ account, and they have ignored my CPR request for the account completely. It is submitted that the claimant taking this course of action places me at a clear disadvantage and there is no apparent reason why the claimant would seek to withhold this documentation from me.

 

9. The courts attention is drawn to the fact that the without disclosure of the requested documentation pursuant to the Civil Procedure Rules I 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 Defendant puts the Claimant to strict proof that said document in the prescribed format was delivered to the defendant. I 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, I put the claimant to strict proof that any default notice sent to me was valid. I 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 my credit rating (Kpohraror v Woolwich Building Society - [1996] 4 All ER 119)

 

16. Without Disclosure of the relevant requested documentation I am unable to asses if I am indeed liable to the claimant, nor am I 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 defendant 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. 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.

 

19. Alternatively, I respectfully request the court orders full disclosure of the documentation requested in point 5. I will then be in a position to file a fully particularised defence and respectfully request the courts permission to amend my defence accordingly.

 

Statement of Truth

 

 

I xxxxxxxxxx, believe the above statement to be true and factual

 

 

Signed …………………"

 

Thanks for the great advice and for the defence letter - it is much appreciated! Just a couple of questions if you can help?:

 

So ok just so that Im clear here are the steps that i need to take in order:

 

 

  • Acknoledge the claim to the Courts- do accept the claim or defend in full or part? - Im guessing I have to send an embarresed defence and then send Link a CPR?
  • Do I send Link an Account in Dispute letter after failing to satisy the 12+2 days limit?
  • Should I know send them a CPR request? Where do I find CPR31.14 - is there a template letter somewhere?
  • If hey do not disclose what do I then sent them and what will that mean? What will happen next?

Please can you read my previous post above to see if you can advise me on what to do with the my partner recieving claim order and defaulft notices and letters fron Link and GE - even though they address her as being my wife (Mrs xxx (my surname)) eventhough we are not married?

 

Thanks for all of your help!

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Firstly acknowledge service and just put defend all or part.

Remember they have added their costs onto this when they did this to me I admitteed I owed the balance but not their costs.

I hadnt found this site then or I would have defended all. I had no CCA. I sent off for the CCA during this time and when it arrived it was the original CCA I had signed way back when anyway during the years this card was upgraded (originally a store card) and no agreement was ever signed when they upgraded it. The lowlifes mistake was to put the date the card was upgraded as the original card date on the claim - shows how thick they are.

My advice is send the account in dispute letter as they have failed to produce anything in the 14 days allowed. I would also point out that I have seen loads of these letter to clients at where I work. We receive one we put the account in dispute.

The chances are GE dont have a signed agreement.

Watch for the letter asking you to return the docs to them - dont.

Watch for the letter asking you to sign the attached form saying you are happy for them to cancel the claim - just want you to sign it, get a CCJ against you without your knowledge and then go for the charging order.

Have a look at my thread Link Financial - GE Money and you can see what happened to me. Sorry I can't post the link to the thread sometimes it works sometimes it doesnt its my old mac thats about had it. You can even just go into the search button and put my name and search for my threads thats another way to find it.

There is absolutely loads on Link and GE have a good read it will give you loads of insight into what your dealing with.

 

Get your account in dispute letter off - remember at the very least recorded delivery.

 

By the way can you scan the particulars of claim up for all to have a look at but remember to remove anything that can identify you. If you can't just type up the details.

 

DG

 

Thanks for the info!

 

I do acknowledge the debt from GE but not from Link and I think Link have added some charges (not interest but court fees and admin ect). Should I defend in part or full? They have responded to my CCA request sying that they do not hold that info but will be requesting it from GE and it could take up to 30 days - but they seem quite bullish and have gone to the Courts eventhough thay admit it wont be enforceable until thy receive this from GE. They have also threated me with CCJ's charging orders ect!

 

I will be sending them a Account in Dispute letter now that the 12+2 days have passed but I must respond to this Court Claim within 14 days. I guess from the advice I have been given that I need to do the following:

 

 

  • Send an Account in Dispute letter to Link
  • Reply to Claim Form to the Court to defend in full or part (please advise) Have got some great words for defence from numerous posters to use but not sure whether I should be defending in whole or part?
  • Send Link a CPR and see what they come up with?

Any advice you can give from your own case would be of great help - thanks!

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Hello LIAM1234!

 

Forget any other letters for now, the key is to send back the Acknowledgement of Service (AOS)...and just state on that, that you will be defending the whole Claim.

 

Do not, under any circumstances, say anything more than this!

 

It is VIP that you get the AOS back before the deadline, or LINK win by default.

 

Once the AOS has gone in, then you have +14 days from the AOS Deadline to file a Defence.

 

Use all of that time, do not submit anything early. IOW, submit the AOS just before the Deadline, and then submit the Defence just before the Deadline. This is to buy you as much time as possible to consider all the issues.

 

If LINK's POC is lame and poorly pleaded, then all you need to send back before the Defence Deadline is the above two-line Embarrassed Defence. No need to say more than needed, until you know what you are trying to defend.

 

I know you know, but LINK have to say it...and show they have a handle on what they want. It is not your job to guess what they want, so make them work for their Claim.

 

But don't blow either the AOS or Defence Deadlines, and do not admit anything!

 

I hope this helps.

 

Cheers,

BRW

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