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Help with Link Financial & County Court

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You didnt actually expect to get one Selina did you?;)

 

 

Andy


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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 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

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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???

 

 

Regards

 

No, two separate companies!

Under the same umbrella, though...

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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?

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No, two separate companies!

Under the same umbrella, though...

 

Or is it under the same rock?

 

 

Pumpytums

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Hi AC,

 

What's the difference between 31.14 & 31.15???

 

If Link did not respond to the 31.14, why will they repsond to the 31.15???

 

What did the Court mean when thet said if Link didn't reply to them within 28 days of their letter the case will be Stayed??? Is this good or bad on my behalf??

 

Regards Selena

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Under CPR 31.14, she should have.:eek:

 

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?

:rolleyes:

 

I advised my plan Post 36 14th July.

 

Think carefully before submitting any application noticelink3.gif (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 aqlink3.gif completion,therefore I personally would not waste the application fee of £75 for documents that you can request at aqlink3.gif stage.

 

 

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

 

Regards

 

Andy

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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 OTHERS

 

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

 

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Thanks Andy.

 

I read up, & follow your advice regarding the N244 application Notice and request any documentation at AQ stage.

 

Regards

 

Selena

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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...

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Thanks AC.

 

All your help is much appreciated.

 

Will let you know as soon as I receive anything from the Court or Lnik.

 

Regards Selena

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Hi AC,

 

I received information from Link this am.

 

letter dated 27 July 2010 stating the following:

 

We write in relation to the defence you have filed and your previous request for infomation under CPR 31.14.

 

You will appreciate that a CPR 31.14 request is a demand for sight of documents that one party has disclosed in proceedings. For the avoidence of doubt, the proceedings are, to date, soley the Particulars of Claim. As such, we would take this opportunity to enclose a copy of the application form relating to the agreement and as a matter of courtesy; we would also enclose a reconstituted assigment letter.

 

You have also made reference to payments not being credited to your account and we would therfore also take this opportunity to enclose a transaction printout. If you feel that you have mde any payments that are shown on the printout then please provide full details together with documentary evidence to enable us to investigate further.

 

in view of the balance, this case meybe allocated to the Fast Track so costs could be applicable. We are anxious to keep any costs to a minimum and are therefore prepared to consider resolving this matter by way of a Tomlin Order. This Tomlin Order would allow you to make monthly payments towards settlement of an agreed amount and provided these payments are mantained, no further action, costs or interest would be incurred. If you would like to discuss this further, please contact the undersigned.

 

A hold has been placed on your account, as we are confident that you will also want to resolve this case as it is noted that you were making paymnets of £30.00 per month up unitl the 29th Dec 2009.

 

The letter include a copy of the credit agreement signed 09.09.98 Payment protection cover was not ticked.

 

The reconsitituted assigment letter was not dated, this was addressed to my old address, which I moved away from in 2000. From what I can make out MBNA assigned the debt as of 21st June 2002 to Link Financial Ltd.

 

I can see from the print out that Link provided me that the amount was £3,360.00 before they added Litigation fee, summonds fee & interest, the amount ended up as £5,866.28.

 

However, I'm still baffled to a number of things.

 

The orginal amount of the debt to begin with, and no mention of the numerous telephone calls during 2006 they made to my work, or a letter instructing them never to call my work, (I kept a copy of this letter, but, can't find it) as their harrassment could have put my job on the line, I stared making payments only to stop the harrassement at work.

 

Also, the assigment issued to an address that I moved out of in 2000, and was assigned in 2002?????

 

How, should I proceed in this matter????? Any ideas!!!!:(

 

Regards Selena

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I think, I'd rather declare Personal Bankruptcy!!! And be rid of this debt & Link after 1 year!!!!

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I think, I'd rather declare Personal Bankruptcy!!! And be rid of this debt & Link after 1 year!!!!

 

Hi AC,

 

Ignore, this previous comment!!!! Link getting the better of me!! I've been tolda Tomlin Order is bad news for me???:-(

 

Is this the case????

 

Regards

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Any ideas!!!!

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Hi Selena,

interesting why Link don't want to take this to court and are trying to settle on the steps so to speak. Basically as it's not small claims they will have to disclose everything i.e Deed, CCA and the DN. Also if it goes to fast track Sink are liable for costs too, so if they lose you get costs.

 

That first paragraph

"You will appreciate that a CPR 31.14 request is a demand for sight of documents that one party has disclosed in proceedings."

 

is a load of old bobbins. Have a read of the following :

 

Statement of Case | Court Documents | London litigation law firm | Statement of Case

 

Particulars of Claim are "Statments of Case" CPR 31.14 clearly states

 

Documents referred to in statements of case etc.

31.14

(1)A party may inspect a document mentioned in –

 

(a)a statement of case;

 

(b)a witness statement;

 

©a witness summary; or

 

(d)an affidavit(GL).

 

(e)Revoked.

 

(2)Subject to rule 35.10(4), a party may apply for an order for inspection of any document mentioned in an expert's report which has not already been disclosed in the proceedings.

 

(Rule 35.10(4) makes provision in relation to instructions referred to in an expert’s report)

 

I have a feeling Sink won't want to disclose certain documents. Have you heard anything back from the OC yet with regards to your SAR?

 

Have you received an Allocation questionnaire from Sink yet?

 

Pumpytums

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Hi Pumpytums,

 

thanks for your response. I never sent a Subject access request to the OC which are MBNA, as previous posts suggested this would be a waste of time.

 

No, I haven't received an allocation questionnaire from Link as yet. I have only received that letter dated 27 July from Link since the CPR 31.14 request, and this took longer than 14 days!!!

 

What will happen if I dont call Link??? As the Court gave 28 days for Link to respond to my defence.

 

Regards Selena

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Any ideas on how to proceed??

 

:confused:

 

Regards Selena

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Hi Selena,

firstly I don't think this will get allocated to fast track. I'm not sure of the exact figure you have paid to Sunk over the last 4 years but I'm assuming at £30 a month is got to be more than £900. If so it's small claims so their letter about keeping cost down is a load of of bobbins.

 

Secondly you should really send that SAR to MBN@. Otherwise any info you get will be second hand through Sunks grubby mits. It will only cost £10 if MBN@ come back stating they have no information on record more the better for you. Not for a second that Sunk would manufacture anything but if they produce one of their famous hearsay witness statements you don't have much to counter it with. If you have a letter from MBN@ stating due to archival problems, time etc they are unable to produce any statements, CCA, DN or even Comms log you have a solid counter to Sunks rubbish. The comms log if it still exists will also give the exact date it was sold. I would bet big bucks that the account has a huge amount of £25 charges if it went back that far you can ask for these back. Additionally have sink produced any evidence that you have in fact paid anything in the last 6 years. You will need to see the deed of assignment proving this the Notice of Assignment proves nothing just that an assignment should have took place.

 

Interesting that they cannot seem to locate all your payments.

 

 

 

Pumpytums

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Thanks Pumpytums,

 

Sink did provide me with a breakdown of payment with the monies paid.

 

Yes I have paid them over £900 they provided a Statement of Account dated 28 July 2010 the balance £as at 29 Dec 2009 was £3,360.00 then, 16 Feb 2010 £1 charge for SEC? 15 June 2010 DLIT charge £102.00? 15 June 2010 DSPC £190.00? 15 June 2010 £2,213.28 Interest? Balance as 25 July 2010 £5,866.28???????:confused:

 

What request should I send to MBNA?? Just a letter, asking for all information regarding the acconut? Shall, I send this recorded delivery or just post a letter to MBNA Customer Services?

 

Regards Selena

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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.

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Hi Ac,

 

I'm doing the SAR letter to MBNA, but noticed that on the Letter of assigment that I recevied from Link was addressed to my old address in 2002, from which, I moved away from in 2000. Shall, I mention this in my SAR request to MBNA????

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Hi AC,

 

I have done the SAR to MBNA. However, 28 days are up tomorrow, so should hear from the Court soon. I think Link would have responded to them. I was told that I'd receive an Allocation Questionnaire where I can request full disclosure from Link.

 

Regards

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Please make complain to OFT, OFT is trying to bring Link in the Court

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Hello AC,

 

Still no news from the Court, even though link's 28 days that they were given have past by 2 weeks!!! However, I've had another letter from Link with a copy of the last letter asking my to contact them, so we can come to an agreement. Will this go against me in Court as I've not contacted them???

 

Still waiting for the OC to respond to my SAR, but, still haven't heard back from them either!!! Shall, I wait or contact the Court as I'm getting anxious

 

Regards

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Hi Selena

 

DO NOT CONTACT THEM! DONT TALK ON THE PHONE AT ALL. I sent a letter in my thread which advised them that until they came up with what I asked for I wouldnt respond and would report them to OFT. They still sent a letter, but I felt I protected myself previously and didnt reply.

 

It all sounds very familiar to me! See my thread http://www.consumeractiongroup.co.uk/forum/showthread.php?263512. Link didnt respond to my defence and it was stayed, but I had to ring them to find that out. It may be worth ringing the courts to see what they say. I did eventually receive all of teh details in relation to the Santander SAR, but this was after I had to make a court claim and they still didnt comply as conveniently the docuements showed details of another old, but live account, for which I have still not been sent any information. So awaiting a response t o my claim.

 

The SAR didnt show any copies of the letters of assignment link say Abbey sent to me in 2007 and 'copied' to me. It didnt detail any sale of the account to Link and there was absolutely nothing apart from the CCA held. No default notice and a cancelled balance. Nothing which mentioned Link at all. Now I know why they didnt proceed, but I am conscious that the OC did appear to be obstructing and still have not complied fully. I made a complaint to the Data Commissioner too.

 

I know each case is different, but when the tone of their letters started to change to something like, we would like you to consider this and agree to judgment, I knew there was something wrong. Previously, it was we will get this paid. Many Gaggers here were also helping me, so you are in brilliant hands!!

 

SF2010

Edited by SF2010
typo

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