Link Financial -ford credit return of goods order - lost

[olympic1805]

Hi there,

Rang courts on friday, they have not yet sent any orders out, have a few hundred to do and are behind a little !!

Will post the DN's on later, also where can I print the case law's off from ?

Should I take the bundles with me on the next hearing ?

[olympic1805]

Anyone help ??

On the Agreement it states Landrover Financial Services limited is a trading name of FCE Bank Plc ... Now on companies house I can find FCE but cannot find LRFS.. My question is with it trading under someone does it not have to be listed as a seperate company... and why do businesses trade under another name if they belong to the one.

Bit confused with this one...

[olympic1805]

Also if this goes pear shaped.... judge said I would be liable for costs, does anyone have any idea, will this be hundreds or run into thousands ????

[pt2537]

it depends on the costs incurred by the Claimant in respect of defending this claim

 

£7k to £15k is possible costs you could face depending on the amount of work the Claimant has to do.It turns on what they have to do in respect of the case really, so i do not know

 

 

 

Regards

 

PT

[olympic1805]

OMG, that is more than the cost they are claiming, so i could lose the car and still have to pay costs....what if you cant pay costs ....

[emandcole]

If you own a company and do some work for someone under that name are you allowed to transfer all of the payment into a seperate company trading under the same name and pay no tax? Course you can't, inland revenue will execute you very quickly.

 

In the same way LRFS should surely have their own books, assets, tax liability irrespective of it being a 'trading name', it is I believe a legitimate entity in its own right and must have appropriate documentation especially where a supposed assignment of an asset is concerned.

 

I believe this should be explored in order to ascertain the nature of the assignment from LRFS to Ford Credit and then from Ford Credit to Sink Financial. Anyone else have any thoughts on this as only one letter of assignment has been produced and this is the first time Olympic has seen it, wasn't sent recorded as case law surrounding assignments supports.

 

Your mailbox is also full

[olympic1805]

Thanks,

Also where can I print off case law to refer to, do I have to print full case ??

[emandcole]

You should find the cases I listed easily available with a simple search on google, none of them are particularly hard to get or well hidden. As for what to print I would print it all if the case is small, but where it's huge there's no point printing 120 A4 sheets just to refer to a couple of pages.

 

I'd print off what you need and perhaps take each actual file with you on a memory stick so that if the judge is particularly hung up on something they can look through it all withiut the need for reference to the court library or online access. Don't believe there is anything wrong with this approach unless others know different?

 

Referring to the costs issue yes, given the track allocated you and the other side are exposed to greater risk of costs - however this isn't reason to just fold when a claim is presented. Unless you do not believe you have a legitimate defence it is quite right to present your arguments and you must remember the claimant still hasn't actually provided you with proof that they have any right to have even brought the claim!

 

To date you have had to fund an application for them to provide you with proof that the debt assignment has been correctly followed, that is not wasting court time or the time of the claimant, as such the court would be particularly harsh to award costs against you for merely establishing the claimant has the right to have proceeded - that remember is your right.

 

Sure, if you were bringing up ridiculous arguments and had no actual reason to question any of the claim then the court would be justified in punishing you for wasting the effort and time of the court and the claimant but you are not wasting their time, merely establishing their right to bring the claim. If they do provide the correct documentation then you would be wise to review your overall position in the interests of your wellbeing and decide whether to pursue the other defence issues you have such as being mislead regarding voluntary termination etc.

 

The court is behind with the orders as you have discovered so there is no reason not to suspect that the claimant should have (or will be) ordered to provide you with what we asked for via the application and to then act on the draft proposals if they fail to comply. Stay on top of the court side of things and make sure that the assignment documentation is forthcoming, if it is not produced then all being well you can ask the court to enforce your proposals.

[olympic1805]

Thanks Emandcole,

Link have replied but again with only one copy DOA and the copy letter "sale of debt", no full statement just an outstanding balance, and cannot see a Termination Notice (unless incorparted in the DN), surely the TN should be coming from LR.? So although they have replied (and presumably sent the same to the courts) they have not included everything we requested ??

Are we still in with a fight ?

[olympic1805]

Thanks Emandcole

Link have replied to my defence, so presumably sent a copy to the courts also. However still only one copy DOA (list of names), no Termination Notice, although they are saying it is the same as the "Sale of debt" letter, but it does not mention termination in it... surely that should have come from LR ??

Also a DOA should clearly state what it is referring too..... not a list of names with only an amount ...

[olympic1805]

Thanks Emandcole

Link have replied to my defence, so presumably sent a copy to the courts also. However still only one copy DOA (list of names), no Termination Notice, although they are saying it is the same as the "Sale of debt" letter, but it does not mention termination in it... surely that should have come from LR ??

Also a DOA should clearly state what it is referring too..... not a list of names with only an amount ...

[olympic1805]

Thanks Emandcole

Link have replied to my defence, so presumably sent a copy to the courts also. However still only one copy DOA (list of names), no Termination Notice, although they are saying it is the same as the "Sale of debt" letter, but it does not mention termination in it... surely that should have come from LR ??

Also replied to my defence last year, not my application defence ??

Also a DOA should clearly state what it is referring too..... not a list of names with only an amount ...

[olympic1805]

testing...testing ...

[olympic1805]

Thanks Emandcole

[olympic1805]

Cannot ....

[olympic1805]

Testing.... Testing ....

[olympic1805]

Okay Link are still wanting to fight !! However in last letter they are asking me to come up with an agreeable repayment plan, does anyone think this is what we should do ??

[kurvaface]

The Protection from Harassment act 1997 states that an activity that "any reasonably minded person" would consider to be harassment is a criminal act. I believe that MBNA, through Link, have recently been slapped very firmly for their harassing collection methods which included 5 - 10 telephone calls per day. That reasonably minded person was no less than a Judge.

 

All you have to do is let the agency concerned know in writing ( or via a recorded telephone conversation ) that you consider their actions to be harassment.

[Jasper1965]

Hi Olympic - Ive been reading through your thread for the last god knows how many hours. Ive been soooooo interested in everything that has happened along the way. I am new on this forum and I too have just very recently had the notorious Letter from Link saying that they have been assigned the debt we previously had with Volvo (previously Mazda) finance. And by some uncanny coincidence, had the exact same letter you recd from Landrover (we recd from Volvo) stating they had assigned our account to FCE who had reassigned to Link.

 

I too had a man on the phone from link who blatantly refused an offer of installments and asked me to go an apply for some finance to pay them off. SHOCKING!!!!! Tbis lovely man has stated he will give me until the end of next week to prove that I have tried everything to raise the money before they proceed with action against me - so kind. However today I have 7 missed calls on my phone that I know are from them (unknown number). I have decided that next time I speak to him, I will ask for his instruction in writing i.e to go and try and get the money via loans etc and his refusal of installments.

 

Sorry for the long post, I just wanted to let you know I am proceeding down the same path as you have been (and still are travelling) and like you, am daunted by the whole thing although with every ounce of my body will fight this pond life. I may need to start my own thread and Im sure the moderators will advise me on this. Initially though I thought I would post on here due to the similarity in our plights.

 

Just want to say, what a wonderful site and some brilliant advice and support from what i have seen so far.

 

Madge if they telephone then simply refuse to answer their security questions and state all correspondence to be in writing.

 

(I've flagged this post for admin and asked them to create a new thread for you where you'll receive help specific to your circumstances)

[citizenB]

Madge 67 has now been relocated to their own thread..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?306961-.-Re-Link-Financial-ANOTHER-NEWBIE-NEEDING-HELP

 

Please pop along and offer some help

[emandcole]

Full mailbox Olympic - need to message you re PM.

[olympic1805]

Well quick update on our Link case, been too court and LOST ....... cannot believe that the judge ordered the return of the car to Link, who have still never gave all the correct documents in, that have been requested for several times...

Link have still only ever provided one NOA and DOA, and at court the judge stated that they do not have to show me the DOA ..... any thoughts anyone ..?????

Also just thinking does a NOA not have to show what the the assignment is for ???? i.e., money, car, etc

We are now considering whether to appeal the judges decision on the grounds that requested documents have still not been shown and yet the judge has allowed Link to be evasive over these documents.

Any comments would be helpful....

thanks

[pumpytums]

Hi Olympic,

I'm really sorry to hear that you lost.

 

This is just a thought if you are going to give them the vehicle back get an independent valuation or 2 (in writing) prior to giving it to them. They are slimy enough to say it was only worth a fraction of it's worth, and then say there was a shortfall on the account.

 

Sorry again.

 

Pumpytums

[ims21]

Hi Olympic.

 

Sorry to hear about the outcome.

 

Unfortunately Link do not have to provide the Deed of Assignment (DOA). Also 1 Notice of Assignment is sufficient although usually you get a goodbye form one company and a hello from another. Indeed sometimes both of these are in the same envelope.

 

ims

[olympic1805]

Hi pumpytums,

will do that, but where from just a local garage ??

 

Hi ims21

Do you not think it is worth appealing ??