Help with Link Financial & County Court

[selena4]

Thanks SF2010,

 

I'll contact the Court tomorrow.

 

Regards Selena

[selena4]

I've been told by the Court that this case is stayed!!! What does this mean for me?????????

 

Regards Selena

[SF2010]

Hi Selena

 

It means you dont have to pay a penny! Dont reply to anything they follow on with. My case was stayed too and they normally carry on proceddings and you would have got an allocation questionnaire.

 

Although they can apply to the courts to lift the stay, they are still required to sent the documents you have asked for and the judge can say no, so its unlikely.

 

Well done! Go celebrate, I am !!!

[SF2010]

Selena

 

If the time has expired for the SAR, send a letter before action to the OC, as in my post, then make your claim for damages in court. I did that and also reported them to the data commissioners office for failing to comply. Im still waiting for them to comply, but dont mind anymore as I have enough information to know they done have what they need.

 

Happy Days !!!!

[selena4]

Thanks SF2010,

 

The Court representaive that I spoke to said this case is not over, but as Link never replied to my defence within 28 days then the case was stayed on 18 Aug 2010.

 

Link provided me with some vague information & a letter from MBNA dated 2002 to the address I moved from in 2000. Link, also provided me with a breakdown of the payments that I was making to them until Dec 2009. Does this mean that if MBNA the OC states that they hold no information on me, I can claim all monies paid to Link todate (as was only making payments to stop being harrassed) back with Interest?????

 

40 days have not yet past since I sent the request & £10 cheque to MBNA. The cheque has not been cashed either.

 

But, if this means that Link are finally off my back after all these years then Happy Days indeed!!!!

 

Thanks for your help

 

Regards

[SF2010]

Hi Selena

 

I can imagine that the courts would not say that the case is over, but Link have never been shy of going to court previously and certainly dont usually get to the point of it being stayed. An allocation questionnaire costs them around £300 to file, which is dead money if they know that your defence requires them to provide copies of documents and orginals in court, they would have to consider if it is a worthwhile venture. It seems there hearsay arguments about documents they say they gave but cannot produce are not working so well for them anymore. They certainly cannot come up with what isnt there, so you can celebrate when you get the information from MBNA. I dont want to overide any advice here, but in my humble opinion, if they had it, Link would have certainly got a copy and sent it to you. Have you not noticed the change in their approach and tone of letters?

 

As for reclaiming the monies paid, I dont know if thats possible, it may be opening a new can of worms, so possibly another cagger can advise. I would suggest just waiting for the SAR information and then ask for advice from other caggers. I imagine it will be a relief just not paying any more money to them.

 

My help is readily given as I know the torchure this has caused for me and I do hope your case will be closed completely very soon. Dont worry about the SAR and the cheque not being cashed, the case has been stayed and what you require from Link has not changed and will not change. If you dont get a reply to your SAR from MBNA within 40 days (allowing time for postage), send a letter before action, giving them 7 days to comply. If they still dont comply, file that claim for damages online through MCOL. I can post a copy of my claim on line and you can adapt it as you see fit. Its one way of getting some of your money back anyway. If I receive damages, I intend to SAR Link and if they dont comply, I will claim damages from them too. Ive never paid them a penny, so it will be nice for them to pay me, especially as their claim was for a whopping £9,000 with interest etc.

 

A complaint about link to the OFT will be on its way too.

 

Keep going, your almost there Selena!

 

SF2010

[selena4]

Thanks for your advice SF2010,

 

Yes, i will surely be glad when this is all over. Does it not matter that Link did provide me with a copy of the orginal credit agreement from MBNA, but this was a rough photocopy & some info had been blacked out, however, they did not provide "what I asked for, or in the time scale given"!!!

 

Yes, you are correct the tone of the last two letters have changed, and I suppose if Link had the required information as you said, they would of not let if go this far, and the case Stayed.

 

I will make a complaint to the OFT re Link!!!!

 

Regards Selena

[SF2010]

Hi Selena

 

I hope you are well.

 

Does it not matter that Link did provide me with a copy of the orginal credit agreement from MBNA, but this was a rough photocopy & some info had been blacked out, however, they did not provide "what I asked for, or in the time scale given"!!!

 

No it doesnt matter, they provided me with a copy of an orginal agreement and this was also provided by the OC through the SAR, however, there was nothing else, which made it uneforceable. Yours doesnt even sound as though its an original agreement and Link's practices would suggest that its not. I had an updated and unsigned 'copy' of an assignment letter from Link and the OC, sent by Link. If I was in panic mode, I wouldnt have realised they were both undated and unsigned. Plus, I didnt get a copy of this from the OC in my SAR reply, nor any mention of Link in the OC paperwork sent, though this was supposedly sent in 2007.

 

How can you consider if they are plucking figures out of the sky, or other places we care not to mention, if they cant show you when it defaulted, terminated and any payments and costs which they have applied to the account for the full duration of the loan? This is vital to substantiating any claim they wish to make. You are entitled to know how much you owe them and they need to provide you with this detail, which they cant if they dont have it.

 

I would be interested to know how the SAR reply goes, it can be an enlightenment getting a few sheets of paper which doesnt really say anything at all. Look for the words cancelled or terminated, or similar in what you get. Oh and if your debt is not more than 6 years old, you need to make sure they are not still showing this debt on your credit file now that the account is in dispute. If they are doing this I believe you complain to the OFT about this, but possibly other Caggers will confirm.

 

You can do this for £2 with Equifax and get an instant report on-line. Dont do the £7.99 version as its not necessary unless you want to continue to monitor your report monthly and I didnt get mine instantly either when I did this, I was told some rubbish about needing to pass security before release, which would take 48 hours. I had an account previously so this didnt make any sense. I suspected that some cleaning up may have happened, but will never be sure now. I waited 5 days and had to ask for a refund, but later got the £2 report instantly on line without any problems. Nothing from our Link friends appeared, nor the OC, but it would have had to have been re-registered in order for that to be on there and I would have claimed damages if it was, plus make a complaint with Equifax as they has already registered the debt.

 

I hope this helps.

 

SF2010

[selena4]

Hi SF2010,

 

Yes I'm well thanks.

 

Checked my bank statement today & the £10.00 cheque was cashed on 24th Aug 2010, But, still haven't heard from MBNA. Having said that I wouldn't have known this case was Stayed, if I hadn't contacted the Court, As they haven't even informed of this in writing.

 

Thanks for your help.

 

Regards Selena

[AndyOrch]

Having said that I wouldn't have known this case was Stayed, if I hadn't contacted the Court, As they haven't even informed of this in writing.

Nobody is informed when a case is stayed that is the procedure of the Court. Hence the Notification of " your defence has been forwarded to the Claimant they have 28 days to respond etc etc if they fail to respond the case will be stayed etc etc"

 

Regards

 

Andy

[SF2010]

Hi Selena

 

I had to call for the advice from the courts too. Just wait out for MBNA reply now for your own records and file it away safely. If not there within the 40 days, send the Letter Before Action.

 

Regards

 

SF2010

[selena4]

Hi SF2010,

 

Haven't heard anything from Link. Still no news from MBNA either. The 40 days are up on 20th Sept, so, if no news i'll issue the letter before action letter.

 

Thanks for your help.

 

Regrads Selena

[SF2010]

Good! Glad all is moving along! My MCOL claim from Santander has not yet been replied to yet, except their acknowledgement and intent to defend the whole claim, but I'm not worried about that as I know they cannot say that they have complied, so I sit and wait.

 

In my view, it is important to go ahead with the claim as it is one way to know without doubt what Link have so you know exactly when they have construted dubious correspondence.

 

I had another piece of crap from link in the form of a statement, wellthats what it said, but no letter asking me to sign to accept judgement accompanying it this time. I think they now know to tread with caution and having cut off the avenue to phone conversations (tried once and once only) the risks are probably too high for them! For good measure, I made my complaint to the OFT and although they don't get involved in individual cases, I understand that investigations do take place. Hopefully that will ensure that they don't write again, but even if they do, I'll just add it to my now bulky file, without responding! I understand that they can and do try to sell it on at times after several months, but I also know to deal with that by sending the account in dispute letter asking them for exactly the same information! Job done!

 

Well done Serena, it's always a pleasure to see justice prevail over these parasites!

 

SF2010

[AndyOrch]

Selena

 

Think very carefully before instigating your own litigation against someone you are already involved in a case with.Your case is stayed with no apparent reason from the Claimant.

I would advocate dealing with your matter before instigating more.The cost of issuing a summons could be better put towards striking out the Claimants case.They can only remain stayed for so long before they must provide explanation to the court what their intentions are.Think carefully!!!!

 

Regards

 

Andy

[SF2010]

Andy

 

I appreciate what you are advising. I understand that litigation is in relation to the SAR from MBNA not Link. She is entitled to claim for enforcement of the SAR and damages, if she does not receive the information. This is also advised by the ICO. Without the SAR, I would not be comfortable that they do not have the necessary documentation and therefore the ability to apply to lift the stay, hence the advice provided and therefore not being toyed with when receiving dubious 'copies of documents' which have never been issued by the original creditor.

 

I respectfully add that Selena has a right to the SAR and I do believe that enforcing compliance is better, rather than live as a sitting duck to see if they apply to lift the stay. For me, its about taking control, rather than being left at their mercy. If a claim can be substantiated, then having a SAR complied with can only inform you.

 

 

SF2010

[AndyOrch]

Completely agree with all you state SF. Take a look at my posts I never take any prisoners.Selina is a fairly new member and needs to take one step at a time.Instigating Litigation against MBNA on a DPA matter is not going to resolve the current matter with Plink,

 

Regards

 

Andy

[SF2010]

Hi Andy

 

Please don't think I am contradicting your advice. I can see you are an experienced and long standing Cagger.

 

I am a new cagger myself and have just shared the advice I have been given that has worked well so far. Plink are renowned for their fabricated documents and having received many of them, it was very distressing. I'm still waiting for full SAR compliance 75 days after requesting so felt i had no choice but to file a claim to enforce it.

 

I know we all provide advice with the interest of fellow sufferers at heart, so no offence intended.

 

SF

[selena4]

Hi,

 

Well, I did recieve info back from MNBA, with a signed copy of the agreement and so on.

 

Since Sept 2010, I have had a number of letterf rom Link asking me to contact them regrding this debt & a Tomlin Order, as advised I ignored all contact with Link and haven't answered them to date.

 

But on 13 Dec 2010, got a letter to say contact them urgently as they feltthe information they have provided sufficiently confirmed my liabilty for the oustanding debt, in no response they were going to contact the Court & ask them to progress with the claim. I got another letter from Link dated 10 Jan 2010, with a copy of their prevoius letter, saying if I haven't contacted them withing 10 days they will contact the Court and ask them for directions. what do you think will happen from here?? As the case was made stayed. Any advice???

 

Regards Selena

[AndyOrch]

The Claimant does not contact the Court for Directions the claim is stayed because they have not responded to your defence.Why send you letters when they can just make application and fee lift the stay and proceed??? Who blinks first!!!!!8)

 

Regards

 

Andy

[selena4]

Thanks Andy,

 

Hope your well, so what they are just toying with my emotions, hoping that I'll contact them sharpish to agree to a Tomlin Order.

 

I'll just wait & see what happens from here. Keep you updated & thanks for your help.

[pumpytums]

Hi Selena,

as Any has said its in Sinks court so to speak. They rely on people not responding to Claims once it actually gets to court they seem to lose most of their steam.

 

 

Pumpytums

[selena4]

Thanks Pumpytums,

 

I did reply to the Calim & defended my case as you know. The case was made Stayed by the Court in Sept, as Link never responded.

 

But, Link are still pestering me, I do hope they will stop eventually. I've got to the point where I don't even answer the house phone, just to aviod any contact with them. I keep filing the correspondence I get from them. Just incase they are going to instruct the Court to lift the Stay.

 

The 10 days will be up next Friday 20 Jan, so I'll wait for the dreaded mail to come through the post, and see what happens.

 

Regards Selena

[pumpytums]

Hi Selena,

the best thing I have done in my dealings with all my creditors was to change my home phone number. Cost me nothing the silence is wonderful.

 

Pumpytums