Jump to content


  • Tweets

  • Posts

    • Shein has been linked to unethical business practices, including forced labour allegations.View the full article
    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Link Financial......Yikes!!!


Shelbs!
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5126 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hiya everyone,

 

Arrived home yesterday to a Northampton claim form from Link Financial.

 

POC as follows;

 

The Claimant (Link Financial Ltd) claims the whole of the outstanding balance due & payable under an agreement and/or associated agreements made with the Defendant in writing & dated ##/10/02 & assigned to the Claimant.

The agreement and/or associated agreements are regulated by the CCA 1974. The defendant has failed to meke payment as required by the agreement and/or associated agreements and to comply with a default notice or notices served by the Claimant and /or Assignor.

 

and the Claimant claims:

1. £####.##

2. Interest pursuant to section 69 County Court Act 1984 at a rate of 8.000% per annum from ##/11/07 to ##/04/10 of £####.## & thereafter at a daily rate of 1.380 to date of judgement or sooner payment.

 

The claim has no account numbers or any idea of who the OC is.

 

I believe it may be a unreg loan from Abbey taken out in 2002 for £13K which due to personal issues was defaulted on in 2004. This account could well be statute barred, but without digging out the old paperwork & bank statements I can't be sure. They are in an offsite lockup which I can access later in the week or early next week.

 

Can anybody advise on what my next move should be.......all help really appreciated.

 

Thanks

Link to post
Share on other sites

Make sure you stick to the deadlines set by the court.

If you are defending then return the AoS to the court and you will then have another 14 days to file a defense.

this can by done on-line.

Dig the paperwork out.

You should send a CPR 31:14 to the claimant, there are some letters on the forum you can adjust to suit your needs.

Other caggers with far more knowledge than me will be along soon.

I'm on a learning curve myself.

 

 

series3

If my advice helped you please click my star

Link to post
Share on other sites

Guess you've had no other communication from them? You normally get a letter at the same time saying they're taking action and it has been assigned.

 

Suggest also you SAR the original creditor to be sure of a final payment date.

 

It's a very vague PoC and I think you must contact the claimant and ask them to clarify the PoC - state that failure to do so will lead to an application for immediate strike out.

 

See pt2537's brilliant thread here - it's required reading for someone in this situation.

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/241827-legal-action-how-start.html

 

In your CPR request you must ask for copies of the agreement(s), details of the assignment and notices therefof, the default notice and proof of assignment to the claimant by way of a copy of the deed (redacted if necessary).

 

At least they haven't mentioned clause 7...

Link to post
Share on other sites

me too, I'll go and learn how how to post..

 

it's just down a few threads..

 

how do I do this, it keeps telling me invalid link.

Edited by Series3
Grrrrrr...

If my advice helped you please click my star

Link to post
Share on other sites

Go to the first page of your thread and copy everything in the URL window at the top of your browser.

 

Then paste it in a window here... bingo!

 

First page:

http://www.consumeractiongroup.co.uk/forum/legal-issues/245159-series3-mbna-optima.html

 

Last page:

http://www.consumeractiongroup.co.uk/forum/legal-issues/245159-series3-mbna-optima-5.html

Link to post
Share on other sites

Managed to find the paperwork in the garage for the loan & payments to it.

 

Final payment made on 23/11/04, also have copies of the credit agreement & looks to be in order.........f###.

Link to post
Share on other sites

You may have copies, but they probably have not. Or incomplete ones.

 

The onus is on them to provide you with copies. Do this through CPR. Let's see what they have!

 

They still have the CCA and DN hurdles to jump through yet, as well as providing statements for the life of the 'agreement'.

Link to post
Share on other sites

If they have complete copies & everything else, would it not be foolish to defend & rack up costs, or would it be better to negotiate a settlement.

 

Sorry to seem a bit dim but Link are renowned for going for charging orders.

Link to post
Share on other sites

Rang Link yesterday to find out what the claim form refered to. It was account I thought it was. They advised me to fill in claim form & return to them straight away.....as if!

 

They also advised they would go for a charging order on the property.

In 2006 my partner & I split up although amicably & I transferred my equity in the property to my partner for a sum of money as I needed to rent a house. This was done by my signing a letter to that effect witnessed by a neighbour. However I am still on the mortgage as my partner was self emolyed couldn't prove income to get a mortgage in his sole name.

 

I told them I don't live at the property, but they werent interested.

 

How would this stand up in court?

 

Whom should I inform that they advised me to send the claim form to them?

 

Should i fill in the aos online & fill in the claim form & send to Link aswell to see if they actually do forward to the court?

 

All advice as ever is greatly received

Link to post
Share on other sites

They asked you to return the claim form to them? Effing outrageous! They've done that before with people who defended, and gained a judgment by default because they didn't forward the defence to the court. This is a serious issue, so complain to the OFT. Did you record the call? Golden rule - if you call, record it!

 

They can't get a charging order until (a) they get a judgment and (b) you fail to comply with any subsequent order of the court.

 

Should i fill in the aos online & fill in the claim form & send to Link aswell to see if they actually do forward to the court?

Nice idea, but might just as likely get you into trouble for wasting the court's time! Maybe if you sent the form NOW then filed online - however, unless you're recording calls, it's probably pointless.

 

I don't think your letter will stand up. You are still the mortgagee.

Link to post
Share on other sites

Managed to find the paperwork in the garage for the loan & payments to it.

 

Final payment made on 23/11/04, also have copies of the credit agreement & looks to be in order.........f###.

 

In the (expected) event that Link provide you with a reconstituted copy.

What about getting a notary public to compare it against your original and then to sign a declaration that it does/does not represent a true copy of the original?

It's not expensive and it might give you some evidential leverage whilst absolving you from the need to actually provide the original in Court yourself which would obviously be a bad idea.

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

Link to post
Share on other sites

They asked you to return the claim form to them? Effing outrageous! They've done that before with people who defended, and gained a judgment by default because they didn't forward the defence to the court. This is a serious issue, so complain to the OFT. Did you record the call? Golden rule - if you call, record it!

 

Read the following thread, which will be of interest and benefit:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221243-link-financial-check-out.html

Link to post
Share on other sites

Hi Shelbs, have just seen Link off on a claim so know how they conduct themselves. From the gist of what you've already added it seems Link are perhaps hoping for an easy claim...we'll make sure they get far from that.

 

Perhaps do as AC has directed and read my experience and if you have it in writing that Link directed you to return court paperwork to them instead of the court complain to Trading Standards as I did...it was upheld and it went to the Licensing Section of the OFT. If Link are still playing their old games a complaint like yours would be to your advantage given their background so far.

Link to post
Share on other sites

Thanks to all of you for the support you are giving. I am going to a funeral tomorrow & will not be back on line until Sunday evening.

 

Looking forward to reading your thread emandcole.

 

Catch up with you all soon

 

Have a good weekend

Link to post
Share on other sites

  • 2 weeks later...

This is what I sent to Link Financial today. Lets see what reply I get....if any!

CPR 31.14 Request

 

On xx.xx.xx I received the Claim Form in this case issued by you out of the Northampton County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim:

 

1. The Agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. The assignment

 

3. The default notice

 

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

Link to post
Share on other sites

''Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.''

 

 

Do not be fooled by them if they come back with excuses such that the search was disproportionate and unreasonable

 

I am quite sure that theses multimillion dollar institutions have the capacity and the technology to undertake this obligation.

 

It looks good but I should wait upon emandcole for any further insights...

 

m2ae

Link to post
Share on other sites

Hi, would be very happy to help give Sink another headache :D.

 

Shelbs, the request is good but perhaps be clearer as to what part of the assignment you want to see. There is both the notice of assignment that the creditor should have sent you (have you SAR'd them) in addition to the actual legal document, the Deed of Assignment (more on that below) so make sure you get hold of both along with proof of posting.

 

The letter Sink may have sent you telling you they own the debt does not count as a valid Notice of Assignment, this should come from the assigning party to you directly. The letter Sink may have sent you is no more than a courtesy letter and is of no value in terms of assignment expectations.

 

important to bear in mind that Sink do not have a great track record of paying such requests too much attention! In your favour of course to some extent but only marginally as courts do not appear to attach too much importance to pre-hearing games.

 

Sink may argue on a technicality that what you're after might not have been included in their P of C and that you're only entitled to see what they've actually put in that P of C so if that's the case, if they reply, don't concern yourself too much with it all and stay focused on the bigger picture.

 

In the meantime of course you cannot provide a defence to them so if they do not provide you have more interesting options open to you and that's when all of this will really start to develop.

 

Will contribute more when it comes to the nitty gritty but perhaps worth asking right now for a copy of the Deed of Assignment as the mere notice that they are now the 'owners' of the account does not in itself create an assignment. If you ask for it now and they don't provide it you'll be able to demand they produce it a later stage as a matter of urgency given the fact that they may have already ignored your request to see it.

 

The following is from my defence and counterclaim and you can use this in your own defence if and when the time comes.

 

Further, it is submitted that the mere fact of giving a notice does not, of itself, create an assignment and that there must be an actual assignment in existence. It is the actual Assignment, not just the Section 136 notice, under which the Claimant derives title to bring the claim and the Claimant is put to strict proof that such Assignment exists. It is further averred that I am entitled, in any event, to view the document of assignment as a matter of law (Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824).

Edited by emandcole
  • Haha 1

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...