I beat Link Financial

[wanted99]

I have a ccj from Link Financial after they bought a debt of mine and they just would not negotiate on monthly payments out of court. And of course they were charging me nearly 27%. They then applied for a charging order - despite the fact that I had paid in full every month.

 

The original court hearing for the CO was adjourned when it transpired that the court had not received my objections, even though they were sent by 'next day delivery signed for' and I argued that it was unfair that a judgement be made without my objections being considered. The judge was about to award the CO to Link, but I explained that Link had had a copy of my objections and responded to them, so she adjourned until today.

 

Today, the judge recapped the previous hearing and asked Link's rep what they had done to address my objections - they had of course done nothing. In my objections to the CO I had listed the 'Mercantile v Ellis' case as argument for the CO not being granted and the order was discharged!!!!

 

I also asked the court to reduce the amount of interest payable on the debt. They had refused to do this on 2 previous occasions, but I provided copies of 2 separate letters from Link which said I could ask the court to reduce the amount of interest payable on the judgement debt. The judge reduced the interest from 27% to 5%.

 

Result!!!!!!!

 

I am no legal expert, but my advice from my experiences is:

 

[*]Keep trying - it has taken me nearly 12 months to get to this point.

 

[*]Keep everything above board and do things properly. I didn't want to send my objections to Link as they would have had a 'heads up ' on my arguments against the CO, but the fact that I had meant the case was adjourned so that my defence could be considered.

 

[*]Keep records of all correspondence - Link's previous letters were a vital part of my defence.

 

[*]Always attend court hearings - if I hadn't I would never have known that they had not received my objections and Link would now have an interest in my property and be charging me 27% for the privilege.

 

[*]Deliver all documents to court by hand, where possible. Don't trust Royal Mail, or the postal workers in county courts to get your papers there!!

 

Good luck and keep fighting.

[kiptower]

well done , its often hard work , but it does pay off in the end

 

Kip

[harrassed senior]

Well, done.

[hammyhound]

Well done from me as well.

 

What I can't understand is surely interest is only calculated to the date of judgment. How can Link be charging you interest.

 

HH

[wanted99]

They kept coming up with old 'contractual interest' argument and the court had twice agreed that they couldn't do anything about it and advised me to go the CAB. However I think this was a lie as Link were having to write to me every 6 months to advise me of interest, otherwise they couldn't charge me for the lapsed period and I'm sure they would not have included the sentence 'you can ask the court to reduce the amount of interest payable on the judgement debt' unless they absolutely had to.

 

These companies are such underhand liars. If I'd tried for one minute to get out of paying what I owe, I might understand. However, I've paid every month in full and on time.