Help with Link Financial & County Court

[selena4]

Hi,

 

I've been pestered bt Link Financial for years. i took a credit card with MNBA in 1996 or 1997. The debt got sold to link Financial in 2000 or 2002.

 

After being bombarded with telephone calls at home and work, during 2006 it got to a point where i would not answer the phone. I even put the phone down on one of their reps whilst I was at work & no sooner had I hung up he called back. So I gave in & agreed to pay a standing order for £30.00 a month to clear the debt.

 

Until Jan 2010 when I got another call asking for a financial review to see if payments can be increased, this was the final point. I cancelled the SO at my bank and hence, the telephone calls started & then came the Northampton County Court Letter last week. Can anyone offer any advice.

 

I also, noticed Link financial haven't deducted any of this money paid by Standing Oreder, also, they have added interest bringing the total to £5,866.28. I believed the credit limit was only £2,500 and I also think he credit card included PPI.

 

The claim form for the County Court was issued on 16 June 2010, please help.:-?

 

Thanks

[maroondevo52]

Hello and Welcome, selena4.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[selena4]

Hello Scott,

 

Thanks, Im rubbish

[maroondevo52]

Hi,

 

Was there ever a period of 6 years when there was no payment or acknowledgement of this debt.

[selena4]

Hi,

 

Only if Link purchsed the debt in 2000, which is most likely & that's why they were so pushy & demanding in 2006.

 

Regards

[selena4]

Hi all,

 

do you think I should ask Link for a copy of the orginal credit agreement & defend myself against them? Go for a counter claim on them for harrassement, ask for the monthly payments that I did make to them, as I only made the payments to stop the telephone calls? only got a weel left!!!

 

 

Regards:confused:

[angry cat]

Please post up a copy of the county claim form that you have received from Link Financial (minus of any personal information, of course).

 

Presumably, you will wish to defend the county court claim made against you that has been issued by; Link Financial?

 

If that is the case, then you must acknowledge the claim within 14 days of the date of service; tick defend/counter claim. This can be done on-line but please remember to enter the claim number on the form.

 

Your next step will be, to make a formal request under CPR Part 31.14, requesting ALL documents from Link Financial that relate to their claim, this must be sent via; Royal Mail Special Delivery or, Recorded Delivery service.

 

I/We, will assist you with the above.

[angry cat]

For your information, selena4:

county court bulk centre

[selena4]

Thanks angry cat. I'll get my head into that.

 

Regards

[angry cat]

selena4, for the avoidance of doubt, please scan or take a digital picture of the claim form that you have recieved from Link Financial and post it up on your thread; as shown on the following link:

http://www.consumeractiongroup.co.uk/forum/legal-issues/264757-help-link-financial-county.html

 

Please be sure to erase any personal details from the copy prior, to scanning.

[selena4]

Hi Angry Cat,

 

I've sent you a message with details, dates & charges.

 

 

Thanks

[maroondevo52]

Originally Posted by selena4

Hello Angry cat,

 

 

 

The Couny Court letter is dated 16 June 2010 & states the following:

 

Particualrs od Claim

 

The Claimant claims the whole of the oustanding balance due and payable under an agreement and/or associated agreements made with the defendant in writing and dated 09/09/1998 and assigned to the claimant. The agreement and/or associated agreements are regulated by the Consumer Credit Act 1974. The Defendant has failed to make payment as required by the agreement and/or associated agreements and to comply with a default notice or notices served bt the Claimant and/or assignor.

 

and the Claimant claims:-

 

1 £3,463.00

2 Interest pursuant to Section 69 County Court Act (1984) at a rate of 8.00% per annum from 21/06/02 to 15/06/10 of £2,213.28 and thereafter at a daily rate of 0.760 to date of judgement or sooner payment.

 

amount claimed £5,676.28

Court fee £190.00

Total amount £5,866.28.

 

in the Northampton County Court then staes a court number.

 

I also got a letter 2 days after the court claim from Link dated 16 June 2010 (same day) as court claim stating that I've incurred a Litigiation Chagre of £102.00 which was applied on your account on 15/06/2010.

 

Interest

 

We are not entitled to charge you interest on the default sum for the first 28 days after we have given you this notice. After this time we can charge interest at the contractual rate however, we have elected not to charge interest on the default sum.

 

 

What route do you think I should take? I done my letter to Link & gonig to dispute the claim. I have noticed that Link haven't deducted any monies for the payments I was making for nearly 4 years.

 

 

You advice will be most helpful.

 

Thanks Angry cat

 

Selena x

[angry cat]

Selena4, you have 14 days from date of service in which to acknowledge the claim: county court bulk centre

You can do this on-line with the Northampton County Court.

Please ensure that you mark on the form that you wish to defend/counter claim.

 

Remember, you must acknowledge the claim within the timescale or, Link will win by default!

 

In the meantime, you must send a request under the Civil Procedure Rules; Part 31.14 to Link Financial asking for all documents that relate to their county court claim.

[angry cat]

Selena, please take the time to read the following thread, it will be of benefit to you:

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

[angry cat]

Send your letter to Link Financial by Recorded Delivery, here is a template; edit to suit:

 

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION UNDER CPR PART 31.14

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. True copies of any notice of assignment; deed of assignment and deed of sale. True copies of any default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

1.1 If copies of any of the above documents are to be relied on in court rather than originals, a copy of the Notice of proposal to adduce hearsay evidence required under s2(1) of the Civil Evidence Act 1995 together with proof of the authenticity of the document(s) as required under s8(1)(b) of the Act, including but not limited to:

 

(a) a copy of the procedure(s) used for copying, storing and retrieving documents

(b) a copy of the relevant log entry showing the time and date of the scan or copy, the name of the member of staff making the copy, the method used for copying, storage and retrieval and time and date of destruction of the original document(s)

© copies of internal and external audit reports covering the entire period from the date of the copy to the present to demonstrate that the procedures have been complied with

(d) copies of Quality Assurance accreditation certificates covering the entire period from the date of the copy to the present to demonstrate that the procedure(s) and audit process(es) comply with the appropriate quality standards

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

c. .Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

d. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

e. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

f. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

g. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

h. Copies of statements for the entire duration of the credit agreement.

 

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[selena4]

Thanks Angry Cat.

 

I've done the letter to Link, posting 1st thing tomorrow by recorded delivery.

 

I've done the Court acknowledgement.

 

However,I'm baffled (dispute reading the above link which was very useful).

 

Do I dispute all or part? As for the Counterclaim? I don't know how to much to claim back ie just the payments I have made, plus interest, or mis-selling as the credit card had PPI, not to mention the constant harrassement by telepohne calls to my place of work. As I made monthly payment to Link via Standing Order from 2006-2010 Link have not mentioned these payments or certaintly deducted any from the amount the I orginally owed to MBNA, which I do not have a clue to how this has been calculated.

[AndyOrch]

Defend all the claim Selena.

 

 

Andy

[selena4]

Well I've completed the acknowledgement of service. I am defending, but I need to wait for the response from Link, so that I know what I'm defending!!!

[angry cat]

Selena, at this point in time, you have done all that is necessary. Acknowledging, Link Financial's claim via, Northampton county court bulk centre on-line web service, is your first step.

 

Next step, is to send your CPR Part 31.14 'Request' for disclosure of documents to Link Financial by Royal Mail Recorded Delivery Service (keep copies).

 

In reality and at this stage, you cannot submit a full defence nor, counter claim until you have been supplied with ALL the documents that Link Financial base their claim upon; are reliant upon.

the ball is in Link's court!

 

Following that, my suggestion would be; submit the: 'embarassed defence' and;

a Draft Order for Directions.

 

Let's wait and see if, Link FULLY comply with CPR Part 31.14?

 

Please note that you must be seen to be reasonable by the court. Therefore, allow Link the full 14 days to comply with your request.

[AndyOrch]

Hi Selena

 

Ok you state that the agreement contains PPI did you request this or is this mis sold?

Do you have any original statements upto the alleged Assignment in 2006?

If so it will show the PPI and give you a ball park figure to calculate during its life with MNBA.

Have you ever received a Default Notice from either MNBA or the current Muppet's?

Have you ever received a Notice of Assignment from either?

Have you retained copies of your bank statements showing all payments to Plink.My reckoning is that you have paid roughly £1800.00 which as vanished into thin air therefore the balance should be £4086.00 less their interest less legal fees less PPI.

If you can have a play with the figures you could more or less eradicate the whole balance and keep this to SCT (Small Claims Track) if any track at all if the balance is less £1000.00.

 

Regards

 

Andy

[selena4]

Thanks AC, most useful. Let's see how Link respond!! x

 

Andy, thanks for the calculations, I don't have anything from MBNA. I don't have a Notice of Assignment. I have bank statements going going back about 3 or 4 years, so the Standing Order will be listed. Don't know about Default Notice, I did receive a letter from Link about 2 weeks before the claim came through. I'll check my paperwork.

 

Thanks Selena

 

 

I can't remember asking for PPI

[AndyOrch]

Excellent re the statements,with regards to the PPI you would need a copy of your agreement to see if the PPI option was ticked.If you are/were in full time employment at the time of application,you may have well ticked it but you would need to request this to validate it.

IMHO link wont respond, so dont sit and wait be pro active, get your figures together and establish if you can use the mis sold PPI route also.

The in correct figures are enough to get the claim dismissed alone if you can prove the PPI also before your deadline to submit your defence you can submit your counterclaim at the same time.

 

Regards

 

Andy

[angry cat]

Yes, if PPI was part of the original agreement and if it was mis-sold or, mis-applied then that could be of great importance.

 

Thus, it will be of interest to see a true copy of the MBNA executed credit agreement, circa 1996/97, which should show a box(s) relating to PPI; tick yes or no.

: "we strongly recommend that you take out this insurance[End Quote]

 

Note, your CPR 31.14 request does ask for documents relating to any insurace:

"c. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable)."

 

The ball is in Link Financial's court!

[selena4]

Thanks for all your help Andy & AC,

 

my letter was signed for this morning, so we'll wait & see what Link return to me.

 

In the meantime, will I have to contact the Court to tell them that I'm waiting for Link, so before I can file my defence?

 

Regards

 

Selena x

[angry cat]

 

my letter was signed for this morning, so we'll wait & see what Link return to me.

 

In the meantime, will I have to contact the Court to tell them that I'm waiting for Link, so before I can file my defence?

 

Regards

 

Selena x

 

from Northampton County Court Bulk Centre:

 

5. What if I want more time to file my defence? - please complete the Acknowledgment of Service form in the claim pack which will give you 28 days from the date of service of the claim. [End Quote]

 

If, Link do not comply with your CPR 31.14 request within the above time frame, you will be able to submit the 'embarassed defence'.