Link Financial -ford credit return of goods order - lost

[ims21]

Hi ims21

Do you not think it is worth appealing ??

 

Not if you're relying on the DAO & NOA position in my opinion

 

ims

[emandcole]

Good to have some opinion on here. Regarding the DOA and accompanying NOA Link admitted in an earlier letter that they had 1 set. They claimed this was sufficient as LRFC were a 'trading name' of FCE, the organisation who sold the account to Link. When you check however LRFC and FCE are seperate companies each with their own VAT numbers and company numbers. Far as I'm concerned they are as different as Oliver Adams and British Aerospace Engineering, irrespective of 'trading names' and other excuses.

 

Clearly the consequence is that a transfer from LRFC to FCE is one asset transfer, the sale from FCE to Link is another. To my mind this requires the production of 2 DOA and 2 NOA, not one (even though Link produced no DOA for the second transfer).

 

With that in mind Olympic was given the authority of Van Lynn Developments v Pelias Construction (but as I understand it Olympic didn't push this and this was overlooked, nay ignored).

 

Interestingly the judge himself recognised that LRFC, FCE and Link are indeed 3 seperate organisations, not 2 but seemed content to hand over 27k of vehicle to a claimant that doesn't actually seem to have proved they are the legal owner.

 

To extend the line of thinking that only 1 NOA is ever needed is dangerous. Are we agreeing that a debt can be passed on multiple times before a bottom feeder starts litigation and all that is needed is a shoddy bit of A4 stating 'We've purchased your account now pay up or else' and no proof of posting with no DOA?

 

My view is that Olympic got mugged by a claimant who hadn't actually proved they were the legal owner and secondly, given that this asset has been transferred between 3 seperate entities the actual question of who actually owns it is open to question. Technically Olympic should still be in debt to LRFC as an ineffectual/entirely missing DOA and NOA renders any supposed assignment invalid.

 

Link therefore merely rocked up to the party, bullied the court by shouting 'It's ours' and the court said 'Sure, next case please'.

 

Shoddy.

[pumpytums]

Hi Olympic,

one of the most simple ways and I hate to recommend this is webuyanycar.com this will give you the rock bottom price the cars worth. You could take it to any garage with a forecourt most now buy cars for cash you could even go to your local dealer and ask them it's worth a shot. I'm just trying to prevent Stink pulling a "well the car was only worth £100 you owe us the rest ploy". I don't agree with the judgement I'm just trying to prevent any further pain. You can try http://www.whatcar.com/valuations as well. Best to get a proper valuation for cash though.

 

Sorry I can't be more help.

 

Pumpytums