Link Financial -ford credit return of goods order - lost

[emandcole]

Hi, this reveals all of your personal info! Please remove as soon as!

 

It is however not good enough, assignment wise is that all you've had? Nothing from the creditor themselves?

[olympic1805]

Hi, thanks for that !!!!

 

Prior to the Sale of Debt I had received a letter from Landrover, which says (easier for me to type than scan !)

"We write to advise you of an important change concerning the management of your accout.

Effective immediately, your account has been assigned to FCE Bank plc who have subsequently re-assigned Link Financial Ltd to recover any outstanding debt due.

This means that all future contact and correspondence with you concerning the above account will be with Link Financial Ltd."

And then they just gave contact details."

 

Shall I blot out and post back on ?

thanks

[emandcole]

Ok, that letter would constitute the Notice of Assignment so it appears that LR did everything in order. The letter you posted did not constitute a NOA, it was merely an introductory letter from Sink.

 

The only main avenue you now have is to obtain the actual Deed of Assignment, this is the legal document between the assignor and the assignee to prove/evidence the transfer of all rights and duties. The notice in itself does not create the assignment, this is merely a formality and a politeness towards the consumer.

 

Have you got anything like that?..be surprised if you do as they are rarely seen without a bit of a fight. Sink should have this in order to prove they are lawfully entitled to collect the debt as owed to them and not LR. You need to get sight of this.

 

Yes, please re-scan the letter you originally added as very useful for those following and learning from your experiences

[emandcole]

Just thinking...your post mentions that LR assigned the debt to FCE Bank Plc who then assigned it to Sink. Paper trails often collect errors.

1. Does your agreement make mention of FCE anywhere?
   
2. Interested to know if the assignment to Sink via FCE has been correctly documented...as before you need to demand sight of the Deed of Assignment to see what path this has taken.
   

[olympic1805]

On Landrover Financial Services letter heads, it states at the bottom that "Trading style of FCE Bank plc", and on the default it is between ourselves and FCE Bank plc, so i think they must own LR.

Who do I ask for copy of Assignment from, Landrover or Link ?

thanks

 

Will post letters again tomorrow, would you believe it took me nearly an hour to them on !!! My pc skills (or lack), together with too slow a pc doesnt help though !

[emandcole]

Got this stuck in my mind now

 

Just checked your agreement and LR is the trading name of FCE so that ties up. However, as LR is a trading name I believe there would need to be an actual change of name to reflect this, as stated in the NOA that LR sent you.

 

So...if I'm right there should be a trail from LR to FCE and then to Sink. As before then, get the Deed.

 

Also re-checked the default notice as this was sent over the Christmas and new year period meaning lots of bank holiday days that do not count as remedy opportunities. Do you have the envelope this DN came in? Please say yes!

 

Unless LR can categorically prove the DN was sent first class it is assumed that second class was used. More opportunity for you.

 

In the SAR were you sent the LR communications log? This should detail the date the DN was actually posted, could be much later than the date of 14th December 2009 shown.

 

Date for remedy is given as before 06th January 2010, this is by 23:59:59 on the 05th January then.

 

Please advise on above questions...

 

Sink should have the up to date Deed of Assignment, they should show you it. Case law supports your right to inspect it...will use that if Sink try to be evasive.

[olympic1805]

No defo do not have envelope (only after reading on here recently have i started to keep them !)

 

As for default mention on SAR, I cannot find anything, last payment made of £800 on 26/1/09, then next comment, date 18/1/10 "charge off" for £8026.01, and then next comment date 10/2/10 "Link Payment " for £3064.64, account balance Nil ???

 

There is pages and pages so just gonna check again incase i.ve missed something

 

no wait a minute, all filed date wrong, just getting it all in date order now

[emandcole]

Think I'll ask one of the others for a second opinion on the default dates as important this is worked out correctly. Have someone in mind so will PM them and see if they can drop by.

[vint1954]

Sorry to jump in late here, but having a quick read and your default notice is Poo. The dates are fine.

 

I assume that the scan is accurate and they have asked for the ballance of the account in full within the DN, which is a big no no. If so the DN is defective and terminating on the back of that is Unlawful Rescission of contract.

 

Please advise if DN requested the full ballance?

 

The form of the document is also wrong, but they are more minor issues.

 

If it is now in court, you must get your CPR 31.14 letters off, but make sure that you acknowledge the claim in time.

Edited April 22, 2010 by vint1954

[emandcole]

Thanks for dropping by Vint, sure Olympic is very grateful and will also tip your scales .

 

Considered the fact that LR had effectively defaulted and terminated with one document and discovered (please correct me if I'm way off) that a creditor can do this, if and only if, the agreement has run full term. Olympic confirmed it had - perhaps this particular thread has raised some useful info for all of us concerning combined default and terminations.

 

You may wish to refer back to post #48 if it's something that interests you, would love to be wrong on this but so far it appears that LR are ok other than the form of the DN, which would really come down to Olympics ability to express the importance of such a document being entirely as prescribed instead of what was actually issued.

 

Hoping to examine the deed of asignment when Olympic can get hold of it.

[olympic1805]

Hi

Just looked at the default Vint, and it is requesting the o/s amount of £8026.01, ALSO WHAT FORM IS THE cpr.31.14. yOU WILL HAVE TO EXCUSE ME COS i AM FAILY NEW TO POSTING AND STUFF !!

I have put a recorded letter in the post to Link requesting the "Deed of Assignment", and I am getting myself so much in a tizz with this SAR, it looks like it is different printed formats ??

Oh and Emandcole what does 'tip your scales' mean ?

will be back soon.

 

looking thru this SAR, on 12/12/09 note made "activity for manual NOD(08)", other than this I can not see anywhere when they say it has been posted ?

[emandcole]

Presume the NOD would relate to the Notice of Default, just a guess. No actual postal info though showing when it actually left them by the sound of it then.

 

Scale tipping is how people can thank others on the forum, if you look at the scales picture underneath the name of anyone who posts you can click on that and by doing so you 'thank them' virtually, all free of course.

 

We discussed the fact that no seperate default notice had been issued as they chose to issue a combined default and termination notice - we checked that out and discovered that's fine if anf only if the agreement has reached full term. You confirmed it had reached full term before this notice was sent so we have to assume, unless anyone else knows different, that LR have behaved themselves there.

 

You know what the SAR is as you've already sent one but the CPR request relates to the Civil Procedure Rules, an instruction manual if you like on the conduct and 'how to' once litigation is under way. You should send Link a CPR request for disclosure of all documents they rely on and ask specifically for the Deed of Assignment.

 

They may try to hold out on you, if they do you can address that later but it may be an indicator of how good their paperwork is.

 

I would also be tempted, given the potential importance of the default notice, to try and get hold of the communications log from LR in an effort to find out when this default was actually posted. If you've already SAR'd them perhaps go back to them and ask specifically for it and/or evidence of when the default notice left them.

 

Bit rushed right now but if you can't find a CPR example on here I'll stick one up you can use when I can.

[vint1954]

Thanks for dropping by Vint, sure Olympic is very grateful and will also tip your scales .

 

Considered the fact that LR had effectively defaulted and terminated with one document and discovered (please correct me if I'm way off) that a creditor can do this, if and only if, the agreement has run full term. Olympic confirmed it had - perhaps this particular thread has raised some useful info for all of us concerning combined default and terminations.

 

You may wish to refer back to post #48 if it's something that interests you, would love to be wrong on this but so far it appears that LR are ok other than the form of the DN, which would really come down to Olympics ability to express the importance of such a document being entirely as prescribed instead of what was actually issued.

 

Hoping to examine the deed of asignment when Olympic can get hold of it.

Hi emandcole. Had not realised that there was a back end lump sum to pay.

 

The termination notice should not be in the same document as the DN, however the act of selling the debt is termination in itself.

[vint1954]

Hi

Just looked at the default Vint, and it is requesting the o/s amount of £8026.01, ALSO WHAT FORM IS THE cpr.31.14. yOU WILL HAVE TO EXCUSE ME COS i AM FAILY NEW TO POSTING AND STUFF !!

I have put a recorded letter in the post to Link requesting the "Deed of Assignment", and I am getting myself so much in a tizz with this SAR, it looks like it is different printed formats ??

Oh and Emandcole what does 'tip your scales' mean ?

will be back soon.

Hi Olympic. I take it that the DN was issued after the back end payment was due.

 

CPR 31.14 is for requiring a creditor or their solicitor to furnish documents when they have instigated court action.

[angry cat]

Hi Olympic. I take it that the DN was issued after the back end payment was due.

 

CPR 31.14 is for requiring a creditor or their solicitor to furnish documents when they have instigated court action.

 

And if they do not fully comply, use CPR 31.15!

[vint1954]

And if they do not fully comply, use CPR 31.15!

I would say that you make them comply. Once you have issued an ED, due to lack of complience with CPR 31.14, you carry on until they do comply. You are saying in your ED, look, I don't have the documents that the claimant sites in his POC and those documents are vital to my full defence, so give me the documents or you can go whistle until you do. When I have fully legible and applicable documents you can have my full defence.

 

If they don't comply, then you can use an N244 form, to get the judge to force them to comply. It will cost you £75 but you can claim this back from the other side. You can also use this form to ask for a strike out of the claim.

 

You can use CPR 31.15 to demand to inspect the original documents. All griss to the mill, especially if they don't have the original.

[Overlord]

Im in the same boat, with Link off to court on the 25th next month, but if they took Olympic to court and he offered to pay via installments, would the judge agree.

 

I had no choice so I have to go to court becuase they wont accept any installments.

 

Sorry, never meant to hijack the thread but feel a bit for olympic!!

 

Regards

[olympic1805]

Hi Olympic. I take it that the DN was issued after the back end payment was due.

 

CPR 31.14 is for requiring a creditor or their solicitor to furnish documents when they have instigated court action.

 

Hi Vint1954,

Yes the DN was issued after. sorry for delay, had my 2 grandchildren for the weekend, and at nearly 3 years and 7 months, you can imagine I have not even looked at the pc.

 

I still have these court papers to complete, and now a bit confused, am i to admit claim and request time to pay ?

 

Presume the NOD would relate to the Notice of Default, just a guess. No actual postal info though showing when it actually left them by the sound of it then.

 

Scale tipping is how people can thank others on the forum, if you look at the scales picture underneath the name of anyone who posts you can click on that and by doing so you 'thank them' virtually, all free of course.

 

We discussed the fact that no seperate default notice had been issued as they chose to issue a combined default and termination notice - we checked that out and discovered that's fine if anf only if the agreement has reached full term. You confirmed it had reached full term before this notice was sent so we have to assume, unless anyone else knows different, that LR have behaved themselves there.

 

You know what the SAR is as you've already sent one but the CPR request relates to the Civil Procedure Rules, an instruction manual if you like on the conduct and 'how to' once litigation is under way. You should send Link a CPR request for disclosure of all documents they rely on and ask specifically for the Deed of Assignment.

 

They may try to hold out on you, if they do you can address that later but it may be an indicator of how good their paperwork is.

 

I would also be tempted, given the potential importance of the default notice, to try and get hold of the communications log from LR in an effort to find out when this default was actually posted. If you've already SAR'd them perhaps go back to them and ask specifically for it and/or evidence of when the default notice left them.

 

Bit rushed right now but if you can't find a CPR example on here I'll stick one up you can use when I can.

Hi emandcole.

I have already sent Link the 'DOA' request, am send them the CPR 31.14 request today. I am still a bit confused as to what to do with the claim form, do i fill in the admission section and ask for time to pay ? Also as this is in my husbands name he is a bit apprehensive, will he have to appear in court ?

(Sorry for delay had my 2 grandchildren for the weekend, and did not look at a pc, but with a 7 month and 2 1/2 you can imagine why !)

[emandcole]

Have you not returned anything to the court yet? There's a deadline to respond and you should have returned an acknowledgement of service at least indicating you're in receipt of the claim. Please advise as this is very important.

 

If you send in the admission you're admitting the debt but you still have an opportunity on that to contest the amount. For example they claim £1000 but you say "Yes we do owe the claimant money but it's actually only £800".

 

Until you have all of the paperwork and you've been able to assess all of it for accuracy then my opinion would be that you cannot truthfully reach a decision as to what is or isn't owed. Sink is the claimant, use this in your favour at every single stage. If they state something your immediate response is 'Show me', 'Prove it', or 'Verify it'.

 

If they can't as they've messed something up that's their issue, not yours so don't help them by giving them an easy ride unless of course you're happy all is in order and are content to let the claimant have exactly what they're after.

 

As for your husband if it's his name on the claim form then it's him that'll need to attend court. Of course he can appoint a legal representative to do the talking but that's where the cost comes in, along with the help on CAG as it's free.

 

He can ask for someone to come into the room with him and if the judge agrees that's ok someone can do that but unless they're attending in any formal capacity they'll need to remain quiet and let things continue as normal. He needn't be scared of court, not that it's nice of course but remember it's not a criminal act to be in debt.

 

You'll meet, both sides give their reasoning and supportive documentation and the judge makes a decision. Yes, the decision may suck for you but it's just that, a decision you'll learn to deal with and importantly the court will not demand repayment sums that are unrealistic.

[olympic1805]

No I havent yet, I am just so confused, I had filled the admission in to send that (I was going to hand it into the court personally and not post, as it is 10 minutes away from me)

 

So by me filling in the acknowledgement it is playing for more time, is that it ?

Was completing the admission cos I thought I would still have to pay the £8k even if it goes to court.

 

So am I to complete the acknowledgement ? ( which option though, defend all, defend part or contest) and send Link the CPR request is that right ?

 

Just a bit confused contesting the amount owing, when I know its outstanding ?????This is all getting a bit confusing, sorry for appearing stupid !!

[emandcole]

Ok, first thing is to get the acknowledgement in - without that Sink will try for an automatic summary judgement.

 

What date is shown on the blue and white claim forms?

 

That is the date the court considers you to have received the claim form as they allow for service time in the post.

[angry cat]

You must acknowledge the claim within 14 days: very important!

 

: Defendant User Guide

Defence

If you dispute the full amount of the claim made against you, you should complete a defence.

 

You can complete and submit your defence online, or you can fill out the defence form in the response pack and send it by post or fax to the court.

 

You should complete and submit your defence within 14 days of the date of service of the claim. If you have completed and submitted an Acknowledgement of Service, you should respond within 28 days from the date of service.

 

In your defence, you must state which allegations in the claim you deny and your reasons for doing so. If you fail to deny an allegation it may be taken that you admit it.

 

Before you submit the response, you will be required to complete a statement of truth

 

If you defend the claim, the court will write to you explaining what happens next. You will not be able to take any further action online but you can view, print or save your response."

 

At this stage you can only submit the; 'embarassed defence'!

[angry cat]

Please post up the claim form; minus of personal details

[olympic1805]

Hi emandcole

Issue date: 19/04/10

Date of Service: 21/4/10

 

Please post up the claim form; minus of personal details

will post it later, going to work soon, back at 8, will post it then

[emandcole]

Hi emandcole

Issue date: 19/04/10

Date of Service: 21/4/10

 

PHEW!

 

You had me worried there. As AC has just added you have 14 days to acknowledge and you should do just that. You may have the opportunity of doing so online, the paperwork included should have told you that but don't know if the amo0unt claimed means you need to acknowledge manually...either way you have the time so no problem.

 

Until you have access to all the required paperwork you are simply in no position to respond. Acknowledge therefore, and in the coming couple of weeks depending on what Sink send you we can make a decision from there.

 

Please scan and post the P of C thogh as AC requested, we need to see how they've worded it as it might be grounds alone to question their claim right away.