Urgent! Link/GE Money... problems....

[riverdoe]

Hello, I'm new to this but I am looking for some help dealing with Link/GE Money.

 

Personal background: I have two children living with me and one of them is disabled as he has ADHD and Autism. I also live in Scotland under Scottish Laws.

 

Oct 2007: My partner(now ex) and I took out a loan with GE Money for Timeshare.

 

March 2008: We seperated and started a complaint against Timeshare/GE Money and have had a dispute ongoing since this date.

 

June 2008: GE Money refused to accept payment based on disposable income.

 

Jan 2010: Link sent first letter stating that they had bought the debt in 12/09.

 

I took out a loan in Oct 07 with GE Money for Timeshare. I started a complaint against the Timeshare company in March 08 and I've had a dispute on my account since. I have gone to the FOS and they have written to GE Money and they still have five weeks to reply.

 

I am also engaging ITRA to join a group action against the Timeshare company.

 

GE Money sold the debt in Dec 09 to Link Financial Outsourcing Ltd. I was notified on the 11th of Jan 10 of the sale with a letter from Link, not GE Money. All my other creditors have written to me informing me of the sale of my debts.

 

I had a bereavement in the family at this time and was not back home until 28/01/10 when I had a letter before action. I received a letter from the FOS dated the 22/01/10 stating that GE Money had 8 weeks to reply to the complaint against themselves. I have spoken to them twice and sent a letter with my disposable income and a cheque for the initial payment and that cheque was cashed before they called me. I had thought that they had accepted my disposable income.

 

However, they are now advising me that I need to have a Final Charging Order to be registered on my property.

 

They are not interested in accepting any monies off me, despite having offered the full amount of the original credit agreement to be paid for the next few months until an answer from the FOS can be obtained or the dispute is settled.

 

3/3/10: I received a letter informing me that Lambeth County Court has served notice of the claim against me. No such letter was received.... There is also a form attached to this letter to secure a restriction on my property at HM Land Registry to be returned in the next 7 days. I also cannot make out who this letter is from as the signature is indecipherable and there is no name or position on this letter.

 

From what I have been able to gather online, the Scottish Laws of this matter are completely different. What exactly should I do, as I have not received any Court Summons, or papers from a court of any kind. If I can get the letters scanned, I will post them if needed. Can anyone help?

Edited March 9, 2010 by riverdoe
does not appear in link

[IdaInFife]

Hiya,

 

Welcome to CAG,

 

We should be able to help you with this.

 

Can you confirm that you have lived in Scotland form more than 3 months?

 

And that you have not received ANY court papers from Northampton or Lambeth courts?

 

Ida x

[riverdoe]

I have lived and worked in Scotland for almost ten years now, and I have not received any Court Papers whatsoever from either Lambeth or Northampton. In my letter to Link, I asked for the matter to be referred to my local Sheriff Court to be dealt with under Scottish Laws. I also asked for a Tomlin order to be considered but they have not replied to this.

[IdaInFife]

Tomlin orders and charging orders do not apply up here

 

If it got to that stage then it would be a inhibtion order - do you own your own house?

 

Ok first thing is you would need to apply for a set aside at the court the ccj was registered. this is done by a n244

 

also some members have been successful by writing to the firm and stating that you will give them 14 days to remove the ccj or you will apply for ccj to be set aside due to jurisiction and apply for costs doing so

 

http://www.consumeractiongroup.co.uk/forum/scotland/240289-ccj-registering-england.html

 

ida x

[riverdoe]

I own my home in joint names with my ex. the debt is for timeshare and is also in joint names. I have had no papers from the court and so far they want us to sign for a voluntary order to be put on the property as security.if this is not recd by next 9.3.10 then they will be pursuing us for a ccj and a charging order. My ex lives near Reading now.I have tried to make contact with the court and cannot get through as I thought they may be going for a CCJ without sending me the papers.

The last letter I sent with my income and expenditure I enclosed a cheque for a payment plan to be drawn up and this to be my first payment they cashed this before speaking to me.

I thought like all the other debtors this meant they would accept payments.I have asked for interest to be reduced and for me to make payments as per the original credit agreement but they are not answering this point and are refusing to reduce interest. When I spoke to CAB they said that GE Money are very difficult to deal with regarding interest.

I cannot write for CCJ to be set aside until it is registered at Lambeth County Court or does their letter mean they have already done this because I cannot confirm with the courts the current actions they are taking against me without a case no etc.

[veryweary]

I thought it had to state on the Particulars of Claim issued by the calimant where the defendent has been resident for the past 3 months to ensure this type of thing couldn't happen. Is it possible that court papers have been raised and sent to your ex only as you say he lives in Reading??

 

Is it possible for you to scan the letters minus any personal details identifying you then post them up, for people to advise further.

[IdaInFife]

sorry but what you are saying does not make any sense at all if you live in Scotland.

 

 

You cannot get a ccj and a charging order in Scotland.

 

It would be a decree and an Inhibition Order.

 

Iinhibition Oreders are not voluntary.

 

 

I think you should take veryweary's advice and post up what you have received (delete any personal info)

[riverdoe]

Here are the letters i have recd from link since they took it all over. I have not heard from lambeth court and have tried several times to get in touch but after waiting 15 minutes on hold at work my break was over. I have not signed the letter from link and feel i would be a fool to do so as I do not feel they are acting very fairly. Will post other letters and statements and defaults etc recd from gemoney as well next.

 

Hett

link1.pdf

link2.pdf

link3.pdf

link31.pdf

[riverdoe]

Here is the original application form, latest statement of account and first defaiult notice from ge money

clc app11.pdf

clcapp21.pdf

gestate09.pdf

gedefaukt11.pdf

gedefaukt111.pdf

[cerberusalert]

One thing that strikes me about the agreement is that it doesn't state that it's subject to CCA 1974.... one of the required prescribed terms. Also does it bear your signature and did you sign it at home? If so it's missing the right to cancel. All in all it looks what it says... an application form.

[riverdoe]

this is all we were given. we did sign form but this is what we were given to keep. I am not sure what to do next.If i do not reply and just send another cheque for this month will i get another more threatening letter. Or should I write again and ask for this to be reffered to the local sherifs court and quoting llaw that i live in scotland and should be pursued under scottish law..any orderes issued in lambeth will not be inforcible in scotland.

[cerberusalert]

You can check online whether they've obtained a CCJ CCJs, court orders & fines - Search yourself and others - Trust Online but it costs £8 or you can check with a credit reference agency online = £2.

 

I suspect they are trying to con you into signing that consent form.

 

Even if they have obtained a CCJ it can easily be overturned as it was gained in the wrong jurisdiction.

[cerberusalert]

You need so send Link a CCA request to find out whether there is an enforceable agreement or not & if they produce anything similar to what you posted I suspect they won't be able to.

 

Send this http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter recorded delivery enclosing a £1 postal order and do not sign the request.

[IdaInFife]

I don't think they do have a ccj or why are they asking for a voluntary charging order.

 

 

I think you need to clear this up first, I would write back,

 

 

Thank you for you letter dated 02/03/2010.

 

In this letter you state that Lambeth County Court have confirmed delviery of court papers.

 

Please can you foward the details of any such claim. I have not received any court documentation and Lambeth County Court can find no such details either.

 

Even if you were to proceed via this route, you are fully aware that this would be abuse of process as Lambeth County Court has no jurisdiction in relation to my residence.

 

Please forward the above details within 7 days.

[riverdoe]

ignore thios

Edited March 11, 2010 by riverdoe
original post dissapeared

[cerberusalert]

riverdoe we've got software gremlins on the site at the moment & a lot of posts are not appearing, until the Webmaster gets things sorted your post won't appear. Don't worry everything should be sorted in a couple of hours.

[riverdoe]

I sent a cca request to Link and in the same envelope did what IDA in fife suggested.my reply cameback today:-

 

" As you are aware Link purchased your debt from GE Money on 17.12.09 and as such we do not always hold this documentaion. We have requested a copy of the agreement and the most recent T &C your account was operated under from GE Money and look forward to sending this to you in the near future,however please be advised this can take upto 30 days to provide"

 

Surely they have to have this info. Do i wait for another 30 days and see what they supply. I wonder if it is worth also asking for the letter of assignment as GE have not sent me anything to advise they sold the debt. Will I need this doc for when they eventually take me to court?

[cerberusalert]

They don't hold the documentation they have to refer back to the creditor, they have 12 working days from receipt of your request to supply it.

[riverdoe]

The cheque i sent for the cca request has been sent back as i made the payee ge money and it was returned via my ex tome as it was sent to him and not me. they want it payable to them. I cannot see why as Ge money will want this to provide the info. I am sure I read somewhere if i send a cheque tolink thye will apply it to the debt and not request the copy of the credit agreement is this correct. It has now been 12 working days since my letter was sent what can i do now?

[cerberusalert]

Write on the back of the cheque 'Payment for CCA'.

 

Send the 'In Dispute Letter' http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

[riverdoe]

I was about to send my cheque back to them today with the default letter on not supplying cca on time and lo and behold they now send me court papers from northampton court. I know i need tosend back as they are out of jurisdiction but can i put all my defenses on the form and reasons why I have not paid yet . This was due to dispute with CLC and ge money over the product supplied. I can only presume noone reads your letters at Link and they are even ignoring the letters sent by CAB.

Can anyone suggest how to write back.

[IdaInFife]

you do not need a formal defense other than the jurisdiction : edit to suit

 

Denied that this court has jurisdiction. I reside at [insert your full postal address]. This is my principal or main home and I am domiciled here for the purpose of section 41 of the Civil Jurisdiction & Judgments Act 1982 ('the 1982 Act').

It is alleged that a contractual agreement was entered into dated XXth XXXX 20xx with the plaintiff. The defendant would have entered into any such contractual agreement as a consumer. Paragraph 3(4) to schedule 8 of the 1982 Act provides as follows: "(4) Proceedings may be brought against a consumer by the other party to the contract only in the courts for the place where the consumer is domiciled or any court having jurisdiction under rule 2(i)". Rule 2(i) concerns moveable property which has been arrested and is not applicable. Paragraph 3(6) does not apply. Accordingly, this action is incompetent for want of jurisdiction and should be dismissed with expenses in favour of the defendant.

 

 

remebber send special delivery

 

ida x

[riverdoe]

I called the court and they have locked my case. They have recd the defences and are returning them to link to dismiss mine and advise them that the case against me cannot proceed as I reside in scotland. will wait for the next barrage. No cca recd yet from them or a mandate for payments to be made regulary to them. All they want is the ccj and charging order.they are not interested in getting any dosh off me. Seemed weird the papers from court as GE Money was not mentioned at all just that we were indebted to Link. I have still not had a letter of assisgnment from GE Money either.I am wondering if Link are working for GE and have not had the debt assigned to them.

Does anyone know how I can find out?

 

Hettie xxx

[harrassed senior]

I believe GE no longer exists and all its Accounts were taken over by others so paperwork is in a right mess.

[harrassed senior]

Having just re-read through this thread it certainly seems to come accross that they do not know who they are dealing with in that it may be they are combining both yourself and OH and getting into a right muddle.

 

I would sit back, wait for the dust to settle and see what happens - I certainly would not worry at present as they do not even have the correct paperwork to proceed to Court.