Help with Link Financial & County Court

[AndyOrch]

Defend all the claim Selena.

 

 

Andy

[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

[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

[AndyOrch]

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

[AndyOrch]

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

[AndyOrch]

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

[AndyOrch]

You didnt actually expect to get one Selina did you?

 

 

Andy

[AndyOrch]

Under CPR 31.14, she should have.

 

Time to use CPR 31.15, of which they have 7 days to comply.Dont bother Link will not respond.

 

After that, it will be a Draft or for Directions, when the AQ is received.

 

Unless, Andyorch has a better plan?

 

I advised my plan Post 36 14th July.

 

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.

 

 

Selena all is explained with regard to Stays Post 39 18th July.

 

Regards

 

Andy

[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

[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

[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

[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