Help with Link Financial & County Court

[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

[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.

[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).

[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.

[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!

[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'.

[angry cat]

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.

[angry cat]

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.

[angry cat]

Hi AC,

 

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

 

Selena

 

It shouldn't, sb

Edited July 15, 2010 by angry cat

[angry cat]

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).

[angry cat]

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 later.

 

 

Pumpytums

 

 

 

 

 

Name & Registered Office:

LINK FINANCIAL OUTSOURCING LIMITED

CAMELFORD HOUSE

89 ALBERT EMBANKMENT

LONDON

UNITED KINGDOM

SE1 7TP

Company No. 07059696

 

 

 

 

 

Status: Active

Date of Incorporation: 28/10/2009

 

Country of Origin: United Kingdom

 

Company Type: Private Limited Company

Nature of Business (SIC(03)):

None Supplied

 

Accounting Reference Date: 30/11

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due: 28/07/2011

Last Return Made Up To:

Next Return Due: 25/11/2010"

 

[Emphasis]:

Date of Incorporation: 28/10/2009

[angry cat]

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???

 

 

Regards

 

No, two separate companies!

Under the same umbrella, though...

[angry cat]

You didnt actually expect to get one Selina did you?

 

 

Andy

 

Under CPR 31.14, she should have.

 

Time to use CPR 31.15, of which they have 7 days to comply.

 

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

 

Unless, Andyorch has a better plan?

[angry cat]

Selena, when you receive your allocation questionarre (AQ), a Draft Order for Directions request, must be included within the AQ.

 

We will assist you with this.

 

I mentioned this in post 57.

 

Link Financial, do love their attempts at running rings around LIP's...

[angry cat]

Selena, I have already advised you to make a 'FULL' SAR to MBNA, as per my post here:

http://www.consumeractiongroup.co.uk/forum/show-post/post-3018725.html

However, I did caution you that you would only be provided with information going back 6 years, with exeption to the credit agreement!

 

And to request, through the court, full disclosure of documents from Link.

 

[Emphasis] you cannot proceed, until you obtain disclosure.