flaminscoty and LINK

[flaminscoty]

Hi all on this thread,

I really need some help Link Financial are going to get a charging oder on my house from a dept they purchased from GE Money now ban-co Santandare

 

My mother died of CJD and watching her die in hospital was more pain than I could stand.

with money from my mums will I got a loan to pay for new gas boiler and central heating up grade by British Gas using some of mums money as a deposit.

 

I was OK until my employer cut my hours with out warning and this left me unable to pay my loan and then the bills for council tax became a problem to.

 

Any way Pay Plan took over the running of my debt problems and still are helping me now.

 

GE money took money from Pay Plan but would not agree to an offer then they were taken over by Santandare but before this they sold my debt from under me to link financial. With out informing me first, the first I knew was when a letter arrived from LF informing me that they had purchased my debt and I must pay up in full and also that they were going to get a charging order. Thi was when I went to CAB for help and they then went to court without informing me or the CAB!!

 

LF got an interim charging order by default from Northampton County Court bulk center.

 

I then went for help to CAB and they really stitched me up.

I pointed out to my adviser a money and dept specialist that court papers had been served and I had seven days to get a defense in. He phoned LF as I did on many occasions and they refused to listen to me. They told CAB that no further action was being taken and CAB fell for their Lies as the next thing I heard was that LF had got their interim charging oder by default! as they new they would because they had lied to CAB and me saying that all court action was on hold and so therefore no defense was sent to Northampton County Court as we (CAB) and my self were waiting for LF to contact has to say that they had got all the information from GE Money when all along they were filing a claim in court..So this was a blatant LIE and CAB can prove it with written documentary evidence..(CAB told me that I had no defense and that the best thing I could do was to make LF an offer and this I did and it was turned down by LF)

 

I have tried unsuccessfully on two occasions to get this set aside but the judge only listens to LF and does not seem to be bothered that LF got the judgement by missleading CAB and Myself, there is evidence to show that the first court action was won by default as no defense was submitted and that is due to CAB not sending off a defense in 7 days.

 

With the help of Legal Advice line I tried for a seconded time to get this judgment set aside and once again the judge found in favor of link financial I have now had notification that Link are going for the charging order from Land Registry with final hearing in June Link are charging me interest at 20%.

 

And it seems there is nothing I do can stop them with the court on their side please can any one out there help me as I know I am being shafted by this bunch of ankers....and the court does not seem to bother with justice in ths case!

 

Flaminscoty...help please I am really out of my depth here!!!

Edited May 14, 2010 by citizenB
put in some paragraph spacing for easier reading.

[flaminscoty]

Hi all thanks for that I would love to start my own thread but I don't know how I cant see a button on here that says start thread perhaps some one can help out here I started several a long time ago but know I cant remember how to do it sorry for being a bit of a numpty..

Flaminscoty....

my e-mail [email protected]

[citizenB]

flaminscoty, I have flagged your thread for some advice from the site team.

[flaminscoty]

Hi citizen,

thanks for all your help..xxxxx...

I remember you from the old days when I knew what i was doing.

I am not very PCUSEE!

Love your little kitty i am a cat myself how do you get moving logos like that.

Down to why I am here as you all can see I am in real deep dodo with bunch of rsols looking forward to the great advice from my new friends...

you know every time a look at groovy cat it brings a big smile to my fisog it is really good medicine

FlaminscotyXXXXXXXXXXXXX

[RobinWayRobinme]

Hi

First place to start is to have a read of the following link

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html Assume they have a CCJ. Did you defend or admit or did they get it by default?

[citizenB]

scotty, I had someone else load the moving kitty for me. I dont have a clue:oops:

[flaminscoty]

Hi To Robin,

yes ok done that the case is in june for final charging oder and with the courts help I feel like I am being shafted twice one by link and one by the court.

My local court is colchester and the are nearly two months behind in dealing with applicatios! They are more than hapy to take your court fees and then you here nothing my case the first time went before a judge and I did not even know that I hearing had been set total total rowlocks!

[RobinWayRobinme]

OK scoty. To help anyone here to help you its important to understand how you got to position of having an interim CO against you. Can you do a brief chronology of the events (without dates so no one can ID you). You see I'm not sure if you are saying that you never saw the claim form. Also, what application have you made? was it before claimant's application for CO?

R

Hi To Robin,

yes ok done that the case is in june for final charging oder and with the courts help I feel like I am being shafted twice one by link and one by the court.

My local court is colchester and the are nearly two months behind in dealing with applicatios! They are more than hapy to take your court fees and then you here nothing my case the first time went before a judge and I did not even know that I hearing had been set total total rowlocks!

[flaminscoty]

RWR,

ok chronology

1 took out loan GE mon

2 ran into probs with credit crunch etc when employer cut my pay

3 went to pay plan

4 pay plan started payments to ge mon

5 ge mon took reduced payment would not agree to offer

6 GE sold debt to Link Claiming I defaulted on payments this is true but did not offer me chance to clear default

7 sold debt to LF

8l L F sent first letter than went to court for intrim charging order.

9 went to Cab atthis time with papers served.

10 CAB failed to submit a defence claiming LF had suspende further court action!!! Bull****!!

11 LF get intrim court oder by default claiming no defence submited at Northampton County Court bulk center.

12 get details of legal action group from NCCt

13 submit first hearing to set aside and fail as court say no defence submitted at intrim oder hearing NCCt.

14 Go back for seconed attempt with scelaton argument provided by laegal action group who pass onto a face to face solicitor under legal aid

15 seconed hearing to set aside fails.

16 final hearing to inforce intrim oder to charging order is in June

 

17 I was stiched up by CAB not filing a defence to first court action!

 

18 now staring to total defeat in the face with LF laughing all the way to the bank and chatging me post judgement interest at 19.5 to 20%

 

The court is a wiast of time as I am let down by a lack of fairness and justice at every turn please please please can you help

MY mother died of CJD at the time my ex had left taking my 6 year old son who has just been diagnosed with autisum and he lives with me in the house tues wed thursday and I want to live him the house in my will with now charging order at 20% interst I have not seen original cca only a crop photo copy with no detais on soo need to try again with full subject acces request help me please as this is more than I can cope with....

Flaminscoty....

[RobinWayRobinme]

Where does the Court claim and judgment appear in the chronology? Guess its when papers given to CAB. Did they say they would draft a defence for you? did they take all papers from you? Was you aware that they didn't file a defence before time limits?

 

On the CO. I understand have fightening that can be, but it does not mean you will lose your house.

 

Firstly, you would not be present when a claimant applies for a charging order as it is a simple process for the to get the Interim CO with the first you know about it is when you are served with notice of it. There are a number of objections to them getting it made final but under most circumstances they will get it made final. I don't have much time at mo so will help you with those objections another time.

 

There are a number of issues you can raise with the CO which hopefully may put your mind at ease a little. You say you have children and that your house is their home certain days of the week. Under these circumstances alone, it is extremely unlikely that the claimant could ever get an order for sale until they reach age 18 years (there may be other objections to an order for sale)

 

On the question of post judgment interest, this can only be charged if, and only if, the claimant is allowed to claim it as provided in the agreement. If its not there they can't get it. Further, even if a provision of the agreement, as the debt is regulated by CCA 1974 under the County Courts (interest on Judgment Debts) Order 1991 S.2

 

(3) Interest shall not be payable under this Order where the relevant judgment—

(a) is given in proceedings to recover money due under an agreement regulated by the Consumer Credit Act 1974[

 

Result of this is that if your judgment debt includes interest, then its defective. Also, it results in fact that CO can never cover interest for CCA debts, so the equity in your house will never be eaten away with interest.

 

If a creditor is entitled to post judgment interest they can only recover it when the judgment debt has been paid in full and only then by bringing a new claim if you dispute it.

 

Thinking aloud, you may have a case for seting aside judgment as it is defective because it includes post judgment interest.

 

Hopefully the above puts your mind at ease a little. Post up circumstances on where claim appears in chronology, if you didn't defend, why you didn't defend as I guess they got judgment by default.

R

 

RWR,

ok chronology

1 took out loan GE mon

2 ran into probs with credit crunch etc when employer cut my pay

3 went to pay plan

4 pay plan started payments to ge mon

5 ge mon took reduced payment would not agree to offer

6 GE sold debt to Link Claiming I defaulted on payments this is true but did not offer me chance to clear default

7 sold debt to LF

8l L F sent first letter than went to court for intrim charging order.

9 went to Cab atthis time with papers served.

10 CAB failed to submit a defence claiming LF had suspende further court action!!! Bull****!!

11 LF get intrim court oder by default claiming no defence submited at Northampton County Court bulk center.

12 get details of legal action group from NCCt

13 submit first hearing to set aside and fail as court say no defence submitted at intrim oder hearing NCCt.

14 Go back for seconed attempt with scelaton argument provided by laegal action group who pass onto a face to face solicitor under legal aid

15 seconed hearing to set aside fails.

16 final hearing to inforce intrim oder to charging order is in June

 

17 I was stiched up by CAB not filing a defence to first court action!

 

18 now staring to total defeat in the face with LF laughing all the way to the bank and chatging me post judgement interest at 19.5 to 20%

 

The court is a wiast of time as I am let down by a lack of fairness and justice at every turn please please please can you help

MY mother died of CJD at the time my ex had left taking my 6 year old son who has just been diagnosed with autisum and he lives with me in the house tues wed thursday and I want to live him the house in my will with now charging order at 20% interst I have not seen original cca only a crop photo copy with no detais on soo need to try again with full subject acces request help me please as this is more than I can cope with....

Flaminscoty....

Edited May 17, 2010 by RobinWayRobinme
Extra questions at start

[emandcole]

RWR,

ok chronology

1 took out loan GE mon

2 ran into probs with credit crunch etc when employer cut my pay

3 went to pay plan

4 pay plan started payments to ge mon

5 ge mon took reduced payment would not agree to offer

6 GE sold debt to Link Claiming I defaulted on payments this is true but did not offer me chance to clear default

7 sold debt to LF

8l L F sent first letter than went to court for intrim charging order.

9 went to Cab atthis time with papers served.

10 CAB failed to submit a defence claiming LF had suspende further court action!!! Bull****!!

11 LF get intrim court oder by default claiming no defence submited at Northampton County Court bulk center.

12 get details of legal action group from NCCt

13 submit first hearing to set aside and fail as court say no defence submitted at intrim oder hearing NCCt.

14 Go back for seconed attempt with scelaton argument provided by laegal action group who pass onto a face to face solicitor under legal aid

15 seconed hearing to set aside fails.

16 final hearing to inforce intrim oder to charging order is in June

 

17 I was stiched up by CAB not filing a defence to first court action!

 

18 now staring to total defeat in the face with LF laughing all the way to the bank and chatging me post judgement interest at 19.5 to 20%

 

The court is a wiast of time as I am let down by a lack of fairness and justice at every turn please please please can you help

MY mother died of CJD at the time my ex had left taking my 6 year old son who has just been diagnosed with autisum and he lives with me in the house tues wed thursday and I want to live him the house in my will with now charging order at 20% interst I have not seen original cca only a crop photo copy with no detais on soo need to try again with full subject acces request help me please as this is more than I can cope with....

Flaminscoty....

 

Hi FS, sorry to hear you're having to put up with those morons at Sink Financial. Interested to read your post on another thread about not being able to get TS to formalise or uphold your complaint to get the OFT involved (mis directing people to return court paperwork to them and not the court).

 

In post #176 of my thread:

 

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

 

you'll see that I managed to get my local TS involved when Sink tried this tactic with me. Originally they were reluctant to get involved but a second letter pointing out the actions of Sink and asking why they refused to get involved resulted in a letter from TS confirming they were of the belief that Sink had 'attmpted to perverse the course of justice' etc.

 

TS confirmed they had passed the findings to the Licensing Dept. of the OFT.

 

So...if you've had this or similar (them lying to CAB and you can prove it) you should insist your TS officers get involved. The MP in my case was a waste of space, not interested at all. However, given the fact that you might have a new one who is still keen to do their job and fight injustice you might have better luck than I did .

[sequenci]

Some really good advice on this thread so far, thanks to all who have taken time to help

[emandcole]

Some really good advice on this thread so far, thanks to all who have taken time to help

 

All the best with the exams Sequenci

[sequenci]

All the best with the exams Sequenci

 

Thank you. I REALLY appreciate the encouragement!

[flaminscoty]

Hi all on the forum,

My problem at the moment is that I have tried twice to get this oder set aside at the last attempt the judge completely ignored the evidence before him that no defense had been submitted to the original order by the fact that I had gone to the CAB and the CAB had not submitted my defense and link won by default at Northampton what is it with these judges because one judge makes an order despite all the evidence provided judge number 2 to will not make a judgment overturning an order by judge number 1 it all seems very smoke and mirrors to me.

what has happened to justice in our court system.

I think my judge was more interested in the young woman done up like a page 3 model than reading the papers on his desk a complete waist of money.

another problem is the length of time it took to get a hearing from the date of application nearly THREE MONTHS and the court are 25 days behind in dealing with their post! a complete farce!

Flaminscoty....

NB to clear things up LF lied to CAB and said no court action was on going and CAB fell for it and did not submit my defense in 7 day time limit.

I to had the second letter from link instructing me to send them my defense and not to direct to the court! with all the threads I have read on this forum there is more than enough evidence out there for trading standards to fine LF once and for all and take away their license!

WHY the hold up are the gutless wonders at TS HQ more scared of CAMARON and CLEGG?

Edited May 18, 2010 by flaminscoty

[RobinWayRobinme]

Hi Scoty

Not that I would defend the courts, but if someone makes a claim against you, you are then thrown into a foreign world and must work with the rules of that world (the CPR's). A set aside is not easy to get and in not getting it you must look at where the DJ made mistakes in coming to his judgment.

 

Questions now are:

 

1. Do you have a valid defence that would succeed at trial?

2. What was the argument put forward at your set aside hearing and why didn't it succeed? i.e. what reasons did judge give for it not succeeding

3. Would the person at CAB give a witness statement as evidence that claimant stated they would not proceed to judgment?

4. Was judgment in default of acknowledgment of service or filing of defence?

 

R

[flaminscoty]

RobinW,

Hi Flaminscoty

answers now are,

1. My defense is (a) all ready paying of my Debt via Pay Plan.

© GE Money were happy to take money from Pay Plan

would not accept an offer from Pay Plan keep hassling me every week by phone saying they payment wasn't enough to stop any further action.

(d) was in dispute with GE money who then sold dept on to LF without informing me or pay plan.

(e) went to CAB and the rest is history!

2. four arguments in skeleton argument for set aside are,

(1) whether link Financial should have issued county court proceedings within weeks of being assigned the debt, when a clear repayment arrangement was in in place between the original creditor GE Money and me.

(2) whether there is an unfair relationship between link and me.

(3) whether the claimants should be "estopped" from taking proceedings against me to claim higher repayment than was already in place by the agreement when they were assigned the debt.

(4) whether the claimants have a right to claim contractual post judgment interest in the some of 19.5%.

We also asked for full disclosure as L F would not enter into any meaningfully discussion with myself and CAB etc.

as the y maintained a silence.

The CAB had made a full and final settlement based on what I could afford to pay back and this was rejected out right.

statutory provisions

"the Office of Fair Trading Debt Collection Guidance.

Deceptive and /or unfair methods section 2.8 states refusing to deal with appointed third parties such as CAB, independent advice centerers or money advisor's.

2.8 e states operating a policy without reason, of refusing to negotiate with debt management companies.

 

We asked the judge to consider MALG Guidelines 2007.

The consumer credit act 2006.

 

140A Unfair relationships between creditors and debtors etc

 

One by one the Judge went through the 4 items in the argument and dismissed them without giving any real clear reasons or ones that I could understand in any case and that was that I was to up set to remember the rest and my solicitor took down all the notes and that was that, handed it over to LF with out even considering the evidence from CAB.

I am not even sure that the judge saw the suporting evidence that I included in my application now more than two moths ago has he did not refer to this at all due to the court office being so far in dealing with applications that all calls to the office are redirected to Norwich County Court. they are more them 25 days behind dealing with their post!

It came to light that LF had not been given a copy of the skeleton argument dispute this being requested that they be sent a copy by my solicitors and this was not done as the letter to the court is lost in the back log of post there being a 25 delay in dealing with the post by the court office!

The whole thing was a farce as far as I can see!

and the Hearing for final enforcement is in June and the court are going to find in favor of Link without even looking at at my defense.

Flaminscoty...

Edited May 18, 2010 by flaminscoty

[sequenci]

I'm not sure any of this would qualify as a legal defence as to why you don't owe the money.

[flaminscoty]

Hi Sequenci,

Thats not the point I am not denying that I owe the money why would I have a debt management through Pay Plan.

1. I was already paying GE Money when they sold the debt on to LF!

2. LF got an interim Charging order by lying to CAB and me!

3. They are going for a charging order on my house and trying to charge interest prior to getting the charging order at 20%.

4. They are not taking into account the money that I am already paying to them through PAY PLAN.

5. I cant pay them money that I don't have in the first place as they are demanding full and final payment and adding interest that they are not entitled to in the first place!

6. They are not very nice people and I should not be dealing with them in the first place.

 

I am not or Have I ever claimed that I don't own or am responsible for my debt.

But due to the fact that my employer cut my pay without warning I was not able to make the agreed payments and GE Money would not listen!

I am claiming that what LF want is (a) unfair (b) unrasonable and ©imposable........savey!

Flaminscoty...

Edited May 18, 2010 by flaminscoty

[sequenci]

Thats not the point I am not denying that I owe the money why would I have a debt management through Pay Plan.

 

OK, I hear you, so why are you trying for a set aside?

[flaminscoty]

sequenci,Hi Flaminscoty,

strange question!

because (a) don't like being shafted by a bunch of cowboys who's only intention is to make money by getting charging orders by underhand methods and bringing me all most to the point of suicide by trying to force me to pay them money I do not have by threats intimidation and non legal means! How much more do you want need I continue!

flaminscoty.

[sequenci]

The thing to consider is that a set aside application is used by those that have a realistic prospect in defending a case, e.g. they don't owe some, or all, of the money. If your situation is more to do with the fact that you're aggrieved that Link have taken the legal route I'm not sure a set aside is going to achieve anything for you, apart from the possibility of costs awarded against you.

 

Link are renowned for being aggressive and I can appreciate your frustrations, you may find that you'll get further by arranging for conditions to be attached to the charging order to prevent the possibilities of an order for sale. On the subject of interest please take a look at my guide on charging orders as there are plenty of arguments that can be used to prevent interest accruing on the order.

[flaminscoty]

OK Sequenci,

Just how do I do that with a bent and inadequate court system with Judges that only seem to here what they want to hear.

Remember it is easy to sit and look at the world through rose colored glasses when it is not you or your house is a risk.

These people should not have been sold my debt in the first place by a credit agency that was taken over by another bank.

I was all ready paying what I can afford and this shower of rsoles what more.

As the judge made no effort to find out what I can and cant afford or whether the whole system is fair or not.

I come away with the feeling that the courts are only interested in taking your money and providing a crap service to the public!

how do you explain away the fact that the court office is 25 days behind just dealing with the post!!!

Flaminscoty..

If you have to much work then you usually employ more staff!

your guide to charging orders,no link?

Edited May 19, 2010 by flaminscoty

[emandcole]

Hi, I really appreciate your frustrations but it's important you keep a clear head and seperate your emotions from the facts of the case so far. Yes, the court system can be a joke, and yes they should have more staff but frequently the court system appears to work in a pretty antiquated manner and the fact they're so far behind is absurd.

 

Clearly, much of the damage has been done due to the underhanded tricks of Link Financial. Unfortunately you are one of many who has been deceived by this parasitic company.

 

Given the facts you've raised I suspect your only real option is to obtain a written statement from the CAB adviser you dealt with confirming they were told by Link that they would be holding litigation. If you can get this I feel you'd have a reasonable shot at proving that Link obtained their result by deception and given the fact you entered no defence based on their lies it is only fair that you are given a fresh opportunity to defend yourself.

 

Their actions are also a breach of OFT Debt Collection Guidelines as they have a duty to deal with you in an honest manner and cannot be dishonest regarding their legal position or intentions.

 

I don't know if this will work, but given the facts I would be very dismayed if a judge learned of this with independent proof to hand of the claimants actions and did not allow you to re-submit 'in the interests of fairness'.

 

You should also use any statement from the CAB to complain to your local trading standards officers, insist they deal with it and pass it on to the licensing department of the OFT. It is only due to peoples lack of willingness to report companies like Link that they are still operating with complete freedom.

 

I really think you need to obtain this independent statement from the CAB advisor and if it were me I'd make this my priority.

[sequenci]

OK Sequenci,

Just how do I do that with a bent and inadequate court system with Judges that only seem to here what they want to hear.

 

I appreciate that, the court system is antiquated and many self-litigants get a difficult time, but this is often due to the fact that they are unaware of the processes involved and what they need to be asking the court for.

 

Remember it is easy to sit and look at the world through rose colored glasses when it is not you or your house is a risk.

 

I've helped hundreds of people with their charging orders in my day job. I have a very good idea how people feel. Also, so long as people actually follow the process the chances of people losing their homes is minimal, almost nil IMO.

 

I come away with the feeling that the courts are only interested in taking your money and providing a crap service to the public!

 

The courts have to consider what is reasonable. There is no point in a court agreeing a mediocre instalment rate if it's going to take many years to clear the debt, often a charging order is the farest way of dealing with a debt. Trust me, the creditor could have bankrupted you instead, would have you prefered that? Having said that, you still have chance to vary the terms of the order.

 

The link to my guide has already been posted in the thread, but here it is again:

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/203298-guide-charging-orders-orders.html

 

Sorry if my post is a little harsh, I don't mean it to be. I want to help as much as I can, we all do.