Link didn`t bother to turn up to court.

[Overlord]

Hello im new to this and never thought I would be down this road but I am and need advice so thank you in advance.

 

I bought car some years back used cash when times were good, borrowed £3000 on a car that cost about £12.500 then interest was quite high too but I got into trouble last year with my business. My payments just stopped as I got further into debt.

They hassled me for money and I never paid up, hoping that I could get some money off a job and pay it up full but it never happened, since then the debt has been passed onto a company called the Link.

 

I had paid the majority of the loan off which meant the company who bought the loan would have to get a court order, so I spoke to this company and informed them that I would resume paying them with slightly higher payments then the original but they flat refused, I explained to them that I wanted all the original signed documentation before I recognise I owe any money to them, which they said would be sent to me. I would like to know

,1. How long does it take for them to prepare and get a court order ..

2. Can they take the car in the first place and are they likely to be bluffing me into paying the full amount.

3. If it went to court, can I fight it and say I have offered them installments and would the judge take my side if I had offered to make sustained payments.

 

Thank you very much in advance, I have looked on the forums but cant find anyone in the same situation.

[maroondevo52]

Hello and Welcome, Overlord.

 

I'll move this thread to a more appropriate Forum.

 

Regards.

 

Scott.

[Overlord]

Thank you for the warm reception and thanks for moving my post.

 

Regards,

 

Lee

[silverfox1961]

Hi,

I would stay off the phone as they will lie,cheat and bully you into paying more than you can afford. Link are powerless threat monkeys and only the courts can force you to do anything. I have put a few thinkgs in red below

 

 

Hello im new to this and never thought I would be down this road but I am and need advice so thank you in advance.

 

I bought car some years back used cash when times were good, borrowed £3000 on a car that cost about £12.500 then interest was quite high too but I got into trouble last year with my business. My payments just stopped as I got further into debt.

They hassled me for money and I never paid up, hoping that I could get some money off a job and pay it up full but it never happened, since then the debt has been passed onto a company called the Link.

 

I had paid the majority of the loan off which meant the company who bought the loan would have to get a court order, so I spoke to this company and informed them that I would resume paying them with slightly higher payments then the original but they flat refused, I explained to them that I wanted all the original signed documentation before I recognise I owe any money to them, which they said would be sent to me. I would like to know

,1. How long does it take for them to prepare and get a court order ..

 

A court claim doesn't take long but they will need to be able to prove their claim and you will be informed of any claim before it gets to court.

 

2. Can they take the car in the first place and are they likely to be bluffing me into paying the full amount.

 

Can they hell. Just one big bluff. Only a bailiff can take your car and only if you lost the court case and failed to pay the judgement.

 

3. If it went to court, can I fight it and say I have offered them installments and would the judge take my side if I had offered to make sustained payments.

 

You would need to have made offers in writing to prove what you are saying. I guarantee that any recordings of phone calls will be conveniently "lost"

 

Thank you very much in advance, I have looked on the forums but cant find anyone in the same situation.

 

 

Do everything in writing, including the CCA request. Just because they may have said they will get it over the phone doesn't mean they will do it.

Send all letters by recorded delivery as otherwise they will also get "lost"

 

 

fox

[Overlord]

Fox, thank you very very much for your advice and info, you are a star thanks..

 

Couple of things I would need clarification on, if they have bought the debt does it give them a legal right to take my car through a court, and is there anyway I can make it harder for them, in a legal fashion that is.

 

How do they go about proving there claim, I mean that should not be hard for them should it, if they have bought the claim and its come straight from the company I had the deal with in the first place, then they should have the paperwork shouldn`t they ?

 

Lee

[postggj]

Evening

 

Been Asked To Drop In

 

For Starters Who Is The ORIGINAL Finance Co

Is It A Hp Agreement, Fixed Sum Loan, Regulated

Do You Have A Copy Of The Agreement

 

And Tell Link To Sod Off

Dont Even Talk To Them

[silverfox1961]

I wouldn't worry about bailiffs at the moment. As I said, IF it goes to court and IF you lose and IF you fail to pay the judgement, a bailiff could be ordered to attend but they are not allowed to levy on tools of your trade and if a car formed part of that, they couldn't take it.

 

If this did go to court and you couldn't afford to pay, the judge would take your finances into consideration before saying how much you should pay each month. This is one of the reasons DCA's don't like going to court as they are more likely to get less than they would normally extort from the unsuspecting

 

When a DCA buys a debt, all they buy is your name, address and the amount of the debt. They buy debts as a bulk buy of say, 1000 debts and they then chase. When you challenge them with a CCA, they then have to prove they have the right to be collecting. What should have happened is that the original creditor (OC) should default you followed by a termination of account followed by the debt sale. If you have no knowledge of this then you could SAR the OC to see if they have followed procedure (and to see if there are any charges that could be reclaimed)

 

One of the things I have seen in my time on the forum is that loan agreements are generally good but that still doesn't mean a DCA can demand you pay X amount. You tell them what you are going to pay. If they don't like it, let a judge decide.

 

That's enough for now as it's nearly this old geezers bedtime

 

fox

[Overlord]

Thanks chaps, sorry about my late reply I have been away and only now had the chance to reply, so dont think I was been rude.

 

I have asked them to send me original documents with my signiture but they will only send me the photo copies, however im still waiting, although I feel it all a bit underhand that they should be allowed to sell my name and address forward, ( data protection, mmmmmm).

 

The original finance agreement was with GE, but GE was taken over by Santander, who in turn passed on the debt to Link, I was warned about this via letter, but as I said it was GE who I signed up with originally.

 

It is a HP agreement too, and I do have the original agreement somewhere so will rake it out.

 

Thanks chaps you are the dogs !

[diamondgirl]

Never, never a 1000 times never trust a word this bunch of parasites say.

Get everything in writing, never ever speak to them on the phone.

As posted above they will conveniently lose the tapes of any recordings.

I spoke to them time and time again and when I asked for transcripts for the court case they decided we only had three conversation. You live and learn with help from the caggers. Anything you send to them should be recorded or special delivery. They may not sign for anything but you will have a record that its been delivered.

When you get your response from them scan it up minus your personal details, barcodes which may be on letters and anything else which you think they may be able to recognise you with.

I never received any deed of assignment from the parasites but GE seem to sell everything to these parasites.

Guess you can tell I dont think much of them.

DG

[Overlord]

Hi, I have posted before but have since moved and only just got back onto the net.

 

Its concerning Link debt collectors, and my car which they have gone to court to try and recover it.

I had asked them to send me the original agreement, ( copy of ) with my signature on it before I would make any effort to pay, but they sent a copy of the agreement, ie one page with no signature and it took them two months to do so.

I was aware that this debt had been passed on and was advised of my original default but now I have recieved a court claim to retrieve the car, but I thought they would have to have a copy of the agreement with my signature on it before they took me to court..

 

Thanks in advance.

[maroondevo52]

Hi, Overlord.

 

I have merged both your threads on this subject, makes it easier for people to help.

 

Regards.

 

Scott.

[Overlord]

Thanks Scott, very much appreciated.

[silverfox1961]

Can one of the site team please move this thread to the Legal Issues forum as the OP has now received court papers.

Ta muchly

[maroondevo52]

Thread moved to Legal Issues.

[dx100uk]

does this look real?

blue and white paper?

 

with a court stamp & case number?

 

and naming the court?

 

dx

[Overlord]

Thank you Fox, I very much appreciate everyones time and effort.

 

Yeah DX, its genuine, however I asked Link to forward me proof in the form of the original credit application, with a signature and all I got was a hire purchase agreement with no signature, but it is regulated and has relevent details on it, but I had to wait nearly months for it.

 

I dont mind paying what I owe but if I dont have all the relevent documentation from Link, then I will make it as awkward as possible for them.

 

I filled in the defence form but let the court know that I belived they had breached the cca act and asked for them to give me more time to get the documentation, from Link, ahh the irony..

 

My question is, do they have to have something with my signature on to be able to take me to court?

 

Thanks

[Overlord]

Hi I posted on here before but not getting any posts back so im still stuck and im only 11 days away. I sent a defence form back but now im worried that If I lose the case, will I lose my car, or will the judge accept payments.

The only reason I am defending the case is because I believe they have not supplied me with all the docs under CCA and if they can produce them then I would pay what I owe.

The only reason I defended it in the first place was because they would not accept monthly payments so i had no choice and thought that if that was the case then I would do it by the book and demand documentation off them.

 

Im worried about how it will pan out if I lose the case when I could just admitted the claim in the first place, I mean if they can prove the ownership of the car then will that invalidate my chance to pay back in the form of installments.

Again the court date is set so just need to no if it will be taken or I will be given the chance to pay by new installments.

 

Thank you

 

Lee

[pt2537]

ok,

 

a little more detail is needed

 

The court can allow you to keep the car, it can re open the agreement and re set the repayment amounts etc.

 

Have you repaid more than 1/3 of the repayments?

 

Infact it is prudent to ask , do you have the agreement? is it headed Hire Purchase agreement or Conditional Sale agreement?

 

We really would need a lot more info here

[Overlord]

Hi and thank you for your reply, I have the agreement and its a HP agreement and yes I have already paid 1/3 and its a debt thats younger then six years old and I have applied to tehm for all the documents pertaining to it.

It was a default so they are trying to claim it back, I had no choice as they said pay the full amount or court so I thought, well its court then and sent in a defence of the case until they supplied all the docs under the cca regs.

 

I am willing to pay installments, as before I fell behind due to lack of work for me..

 

Thanks again

[staytet]

hi

can i ask who the finance company is, i was in court on monday where i won the case on the back of a dodgy DN , have they issued a default notice, a copy of the agreement, have they terminated the agreement and are there any charges added to the account

[Overlord]

Link, and default notice is in order so i believe, it was terminated and default sent and agreement but I argued that i would need to see a singned agreement and a signed deed of assignment, carges added are £200.

 

Thanks.

[staytet]

hi

right then this must have been purchased by asset link ?, they are not the best at paperwork from my experience, what are the dates on the default notice and do the amounts match the statement? are there any charges or PPI added to the DN , you also say they have not furnished you with a copy of the signed agreement and it may be worth while asking to inspect the original document under CPR 31.15

[Overlord]

Whats PPI, excuse my ignorance. I have asked them for copies of the deed of assignment, with signatures between them and the original creditor but nothing, however I may get to view them in court if they have any at all but they havent sent me all the docs .

 

Thanks

[cymruambyth]

Payment Protection Insurance

[Overlord]

Hi I have posted on here before concerning my plight but never got many replies to the post, but thank you to those who did.

 

I have just returned from court today as Link financial are try to take my car, as I defaulted, I had asked them for all the relevent information, signed agreements, Notice of assignment etc, but all I got was an unsigned pre hire purchase agreement, unsigned and a notice of assignment, again no signature.

 

I went to court today for a hearing but link never turned up, the judge listened to me, then set another date for another hearing.

 

I have asked the judge to ask Link to supply me with signed documents before the hearing so i can form a defence or should I say to clear the muddy waters and if they supply I will pay, if the judge allows me to pay instalments.

 

But why did Link not turn up and what happens if they cant supply the information, been asked of them via the court?

 

Thank you in advance

 

Lee