LINK FINANCIAL v Aldric Help desperately Needed

[aldric]

Hello to everyone,

 

This is my first post so would really appreciate some help. I have been using some of the advice given in other threads and made good use of the template Library. I have managed to get a reasonable amount done myself but I really am desperate for some help at this stage.

 

We have an old First National Bank unsecured loan that was taken out in 2004. Due to financial difficulties, we ended up on a DMP with Payplan. Out of the blue, we received a letter from Link Financial saying they had bought the debt. They then promptly took us to court. At the time I was in hospital so my wife sought the advice of Payplan who advised her to admit the claim which she did. What they meant to tell her was to acknowledge the claim, the result being that we have now got a CCJ against us and Link are applying for a Charging order against our property.

 

I have applied for a Set aside, we have a hearing with the district judge Mid March.

 

I have made a SAR requset to First National/GE/Santander no response as yet. CCA request to Link and a CPR to Link. Link have finally replied to my CCA with the following.

http://i1030.photobucket.com/albums/y369/Aldric1/LINK/LinkReplyCCA004a.jpg

http://i1030.photobucket.com/albums/y369/Aldric1/LINK/LinkReplyCCA003.jpg

http://i1030.photobucket.com/albums/y369/Aldric1/LINK/LinkReplyCCA005a.jpg

http://i1030.photobucket.com/albums/y369/Aldric1/LINK/LinkReplyCCA006a.jpg

 

What I really need to know is if this agreement is enforcable, any help with this would be great.

 

I had no notice of assignment from the OC, FN/GE and they do not seem to have sent a true default notice. This is what we have from them, is this enforcable? There was no default registered with Experian according to my credit file

http://i1030.photobucket.com/albums/y369/Aldric1/LINK/LinkReplyCCA001a.jpg

Link Registered a Default with Experian on 4/9/09, three days after they aquired the alleged debt, yet did not contact us until 16/9/09 with this letter.

http://i1030.photobucket.com/albums/y369/Aldric1/LINK/LinkReplyCCA002a.jpg

 

Link state in the letter that the agreement has been terminated, If that has been done without a correctly prescribed default notice, does that mean that the agreement is unenforcable?

 

In summary

1) I did not receive a Notice or Deed of assignment fom OC

2) I may have not been defaulted correctly

3) The CCA may not be enforcable?

4) The CCA was not attached to the claim when filed with the court

5) There was no attempt to resolve the issue before leagle action

6) We received no Letter before Action

7) FN/GE still not responded to SAR, time expires 3rd March

8) Link Failed to comply with CPR request in specified time

 

Is any of this enough to get the CCJ set aside? Please, please help

 

Aldric

[shakespeare62]

First thing is to request that your thread is transferred to the legal issues forum - that way you'll get more court specific help quicker.

 

The figures in the financial particulars box are not very clear. Can you type them out and post up or re-scan it ?

 

You could have a possible counter claim for missold payment protection insurance - and interest for the last 6 years or so.

Note: One problem is that you have admitted the debt, and the CCJ effectively replaces your agreement. However, because you were ill in hospital and unable to properly deal with matters at the time may be one reason to request a set aside.

 

When was the date of Judgment ?

[shakespeare62]

I've requested the site team to move your thread to the Legal Issues forum.

[aldric]

Hi Shakespeare

 

Thanks for your reply. How do I request getting the thread transferred?

 

The judgement was 3rd December

The Figures in the financial particulars box are not any moe legible in the original document that they sent me but will type them out as best as I can make out.

 

A description of goods/services and cash price

conservatory £11400

B Less Deposit

£1400

C Amount of credit for Goods/Services

£10,000

D Protected payment premium (cash price)

£814.80 (i think)

F Total amount of credit

£10814.80

G monthly rate of interest ( variable in the event of changes to base lending rate- see condition 4 overleaf)

i can't make that out

H APR ( no account of any variation of the rate or of the amount of interest has been taken away)

8.1% (i think)

I Anticipated number of monthly repayments

 

Hope that is of some help. Thanks again

 

Aldric

120

J Minimum monthly repayment

137 .?? can't make it out fully

[aldric]

LOL, you beat me to it regarding having the thread moved.... i must learn to type faster

[MandM]

Hi aldric,

 

I'm sure someone will advise on the CCA.

 

With regards the DN, that's not a DN! It's a Notice of Sums in Arrears which, under the revisions to the act, they are obliged to send you periodically to remind you of the arrears amounts outstanding.

 

As S62 has pointed out, the debt is currently replaced by the CCJ.

 

Can you tell us a bit about your grounds for the Set Aside. I know i'm asking the obvious, but the more info, the better

 

M

[aldric]

Hi M and M,

 

There are a few reasons for the Set aside. First of all, Link actually lied to us over the phone, they told us that they were part of Ge money ( i saw another thread on here somewhere with another Cag member who had the same thing, can't find the thread now tho) Wehad very poor advice from Paypal, they told my wife to admit the debt, it transpires that they meant acknowledge the debt. At the time we were under a graet deal of pressure, i was ill in hospital, as wasboth myelderly mother and my wifes elderly mother, so neither of us had our attention focused on this.

 

The debt was bought by Link on the first of Sept 09. we did not receive a deed or notice of assignment from FN/GE that complies with the Law of Property Act (1925) (s)136 nor have they been able to produce this so far. Niether can they produce proof of posting as specified in s196 Law of Property act (1925) for delivery of the notice of assignment. So we believe that Link do not hold the title to bring about legal action.

 

We cannot find any true default notice served in the prescribed manner, even though they have registered the default. There was no letter before action, the N1 did not have a copy of the CCA attached when they submitted the court action, I have a letter where they stae they are not in possession of this even in the begining of February. Although they have produced this one now, It is fairly illegible

Just a quick check based on what Shakespeare said and a quick bout on the calculator, I have figured out that the amount they are claiming must have the PPI included as well as a number of other fees that I need to figure out, but it does seem that we have grounds for claiming that we were missold the PPI

 

Don't know if thats the info you were expecting M&M

 

Thanks again tho

 

Aldric:)

[ionack]

Hi aldric,

 

your position is almost identical to mine. You will get some excellent advice from the guys on here. Keep your spirits up

 

ionack

[MandM]

OK, all looks good so far. Concentrate on getting the set aside sorted out before anything.

 

You're obviously reading the right threads by the content of your findings so far. well done for that .

 

Also, stay on the case with the SAR as it should help fill in a few of the blanks. Write as soon as the 40 days is up, give them a further 7 days to comply or you'll be putting in a complaint with the Information Commisioners Office.

 

Where did you send the SAR? It might be that you'll need to do both if the debt was sold - it will only give you the data which THAT company holds on you - a lot of your original data would not have been passed on.

 

M

[diamondgirl]

You could do with SAR the original creditor as I would be very suprised if Link actually has info and I imagine that they had to go to the original creditor to get the CCA. You would be lucky to get any deed of assignment/notice from the original OC or from Link other than to say "it is intimated that".

It's typical of Paypal etc., not to give people the right advice I had the same problem with CCCS but I fortunately didn't admit all. Sadly everyone doesn't know of this forum.

Typical of Link they move very fast and you really have to watch them they are the lowest of the low but great help is at hand from the caggers.

Just got in from work and not had time to check your stuff out but I'll have a look in a few minutes must get that cup of tea.

 

DG

[aldric]

Hi Guys

 

Thanks for your replies.

 

The SAR was sent to First National/GE Money, They have until the 3rd of March to comply, the 30 day reminder was sent off yesterday.

 

I also did a CPR request to Link Financial, which they failed to comply with in the specified time.

 

Diamondgirl, you are spot on with your comments regarding Link. They had to go to the original creditor to obtain the CCA, I have a letter from them stating that fact, which in a roundabout way, is also an admission that they were not in possession of this document which they quoted in the POC. I also have a letter from them expressing their apologies that at this time that they cannot provide all the documents I requested under the CPR, they sent me a copy of their letter informing me of the sale of the debt, a copy of the court judgment, and an incomplete list of dates where contact was made either in writing or by telephone, that was on plain A4 paper, not headed stationary, could have been produced by anyone.

 

Their admin is a disgrace but, that only works in my favour

 

A big thank you to all who have left comments