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Help with Link Financial & County Court


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Thanks AC,

 

do you agree with Pumpytums? Shall I contact MNBA directly? Would they even respond as they aparently sold the debt to Link in 2000?

 

Haven't heard anything back from Link as yet, but, it hasn't been 14 days yet.

 

Regards Selena

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Selena4, it would do no harm to make a FULL SAR to MBNA. However, you will most likely only obtain information for the last 6 years, with exception to the alleged credit agreement;

to receive information under section 7 of the DPA, takes at least 40 days form the date of receipt of the request by MBNA.

 

One can at least compare any docs. provided by MBNA to those docs. provided by Link under your CPR request.

 

Please advise us when you are in receipt of any of the documents that you requested from Link under your CPR request.

 

Also, keep a close eye on the date which you have to submit your (embarassed) defence: 28 days from receiving the Link Claim.

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Hi AC,

 

28 days tomorrow from the date of the court claim. Do I ask for a longer period, as I haven't got anything back from Link. However, the CPR request was signed for on 1 July 2010 & the letter dated 28 June 2010. So do I ask for an extension or submit embarased defence?

 

Regards Selena

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Submit the embarassed defence, as the particulars of claim do not adequately set out the case you are required to answer.

 

Also, apply to the court for an order compelling disclosure of the documents which you are entitled to and that the claimant must plead his case properly; form N244

 

[Emphasis] You must submit the embarassed defence tomorrow or, they will gain a default judgement;

the embarassed defence can be amended later.

 

Re: The embarassed defence, there is no need to go into long winded wording.

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Hi AC,

 

I managed to submit the embarassed defence, but after 4.00pm, hope this doesn't go against me!

 

Thanks for all your help you have given me, let's see what happens!!

 

Selena

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Hi Selena

 

As this is a MCOL Northampton you will have submitted your defence on line and therefore there is no time restriction as long as its on the date for submission.I trust you printed your receipt off after submission and retained as proof of input?

 

Think carefully before submitting any Application Notice (N244) this claim for all intense and purposes should be SCT after further investigations of your missing payments,which you will get chance to raise at AQ completion,therefore I personally would not waste the application fee of £75 for documents that you can request at AQ stage.

 

Regards

 

Andy

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Hi AC,

 

As yet not heard anythnig back from Link, even though it's past 14 day's. I submitted the embarassed defence, so just waiting to see what happens form here.

 

Also, Re: the monthly payments tha I did make to Link that they didn't acknowledge or certainly deduct according to the Court figure they quoted on the claim. I have got a letter from the my bank stating a monthly payment of £20.00 from August 2006, increased to £30.00 April 2007 - Decemebr 2009 was paid to Link.

 

Do you know what happens from here??

 

Regards Selena

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Link Financial's claim will be moved from the Northampton county court bulk centre to your local county court.

You will then receive an AQ (Allocation Questionaire).

 

Not necessarily AC, Selenas Defence will be forwarded to the Claimant for a response.They then have 28 days to respond (you will be informed of this Selena by Northampton}.

If the Claimant wishes to respond then it will be transfered to your local CC and AQs will be released.

If they fail to respond within the 28 days the claim is stayed.How long would be until the Claimant does respond and makes payment to resurrect the claim.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Hi AC & Andy,

 

The Northampton Court sent me a letter stating my Defence has been past to Link and that they may contact me directly to reach an informal agreement!!!

 

They have 28 days to respond or the claim is Stayed. I'm worried now as my defence only stated that Link didn't respond to my resquest under CPR 31.14 and submitted an embarassed defence.

 

I'll spend the whole next 28 days worrying about the outcome!!!

 

Regards Selena

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Hi AC & Andy

 

I'm worried now as my defence only stated that Link didn't respond to my resquest under CPR 31.14 and submitted an embarassed defence. Thats the norm with link claims:D

 

 

I'll spend the whole next 28 days worrying about the outcome!!! Why ?

 

Regards Selena

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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Hi Selena,

Sink did not provide you with any information before the deadline for you to file a proper defence. The POC supplied by Link is a vague and generic one they send to everyone.

 

Always remember it is for the Claimant to prove the case if they don't supply anything how can you disprove it? :D

 

Did you send your SAR to MBN@?

 

Next step Sink will send you their AQ and a letter saying that could you withdraw your defence and admit to it in full. Basically ignore.

 

One more thing you say it was sold to Sink in 2002, did you receive any letters in 2002 informing you of this or did they just say it was sold to them in 00/02 when they harassed you in 2006?

 

Have they mentioned a company called Link Outsourcing yet?

 

 

Pumpytums

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Hi Pumpytums,

 

No Link haven't sent me anything or heard from them since my request under CPR 31.14.

 

I haven't sent an access request to MBNA as I don't even have a record of the acount with them, and the timescale with the court case pending.

 

Yes Link have previously mentioned a company called Link Outsourcing.

 

 

Regards Selena

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With regards to the SAR you don't need to mention account numbers, they should send you everything.

 

When Sink Outsourcing was mentioned was it in a context prior to 2009?

 

For example The debt was assigned to Link Financial outsourcing in 2002.

 

Pumpytums

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I'm not sure if the debt was assigned to Link Financial or Link Financial Outsourcing, I think Link outsourcing in 2002. Are theses not the same companies???

 

But the letter I refer to is dated 25/05/2010 which mentions MBNA as the Originator.

 

Regards

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If they say it was assigned to Link Financial outsourcing LTD in 2002 this could be very useful as that company didn't exist until 2009. So how can a debt be assigned to a company that didn't exist until 7 years latter.

 

This is Sinks latest ploy they try for s69 interest which runs from when it was assigned to judgement. If the debts quite old the interest can be substantial. You do have to question why they didn't take action sooner though. It's just their latest game.

 

Pumpytums

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Thanks for your help Pumpytums.

 

The interest is huge!! That's why i've finally came on here to seek help & everyone has been very helpful. Finally seems as if i'm getting somewhere with this but, the prospect of Court is worrying.

 

See what happens from here, Link were given 28 days last week, once my defence was placed. But they have responded to my request, which was sent recorded delivery & was signed for.

 

Regards

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