ccj with link financial,going to try and set aside

[stoney47]

Good evening to whoever is on

i am writing with the hope that somebody can advice me with regards to my situation,i have two ccj,s one with barclays which is going along nicely and the other with link financial which is not working so well.

On the 30th of November 2006 i took out a credit agreement with G E Consumer lending for the sum of £10,252.00 and made regular payments untill sept 2007 when because of an unexpected major downturn in our income i was unable to make payments which were due on the 8th of the month

I missed part of septembers payment which was £164.54 october which was £193.25 and november and december which were both £199.22 although ge money took 8th dec on the 21st of december giving a total of £756.23.

ge money then went on to send me a default notice,dated 15th of dec which gave me until 6th of jan to remedy, they then took on the 8th of jan and feb payments of £196.46

On the 9th of april they then sent me a termination notice giving me 7 days. while all this was happening i was selling my house to move into a rented property to try and stop us from going under completely and i was also suffering from depression,fortunately we sold our house which enabled us to pay off the mortgage,secured loan and a debt to my brother in law

we completed our sale on the 16th of march 2008 and i wrote to inform ge money of our new address but the termination notice got sent to our old property which had been bought by a builder who was dividing it into two smaller house,s

Towards the end of july 2008 we received from the builder some junk mail and letters,in these letters was a notice of hearing ,poc and judgement in default. also in there was a hello letter from link saying ge money had assigned the debt to them. this letter was dated 23rd may,poc issue was dated 12th of june and judgement in default was dated 11th of july for an amount now incuding costs of £11,535.00 from cardiff county court. (this is were it gets fuzzy) Imust have spoken to link because in the middle of august i had a visit from a court bailiff at my new home with a charging order for my old home.

After writing to the DJ at cardiff the order was dismissed but i was ordered to make instalments of £51.00 pm starting 28/9/2008 this was then varied 8/1/2010 at my request due to me not being able to keep up,the reason for that was i lost my job may 2009 and also having to deal with my dad in law and my mum having both been dignosed with terminal illness in april 2009.dad in law passed away august 2009 and mum early jan 2010, god bless them

due to the stress of it all,instead of vaying the amount to £23.70 i varied it to £1,so the situation is i have had a notice of issue of warrant of execution dated 16th of july

i spoke on the phone with the bailiff and advised him i was filling out the foms for a set-aside of judgement which he is picking up 6/8/2010.

i believe there are good grounds for a set-aside but i am unsure about my defence,due to having paid money to link have i spoilt any defence with regard to ge money,s faulty default notice and lack of notice of assignment

i have spent quite alot of time in the last few months reading various threads, so have gained a small amount of knowledge,but these last 2 years have been difficult to say the least

if anybody could make any observations, they would be much appreciated

thank you

[mightneverhappen]

Hi,

 

you have had a really difficult time, and I hope things will improve for you soon. Anyway, I'm sure someone with more kowledge than me will advise you better than I can, but here goes. As I understand it, getting aa set aside should be straightforward if you did not receive the original summons (especially if you had told Link of your new address). Then you will be able to defend the claim.

 

However, I hope this suggestion is not too drastic, but now (I presume) you live in rented accommodation, have you considered bankruptcy? Defending claims can be time consuming and quite stressful. Maybe a clean break from your debts will allow you a future debt free.

 

There are costs involved. But you may be exempt from the court fee on grounds of low income. As for the £350 (?) deposit, you may think about applying for a grant from your water utility company. In my area, United Utilities award grants for the bankruptcy deposit. I think you have to go to an advice center who make the application on your behalf. If there is a similar scheme in your area, I'm sure you would be awarded a grant.

 

Just an idea, which I accept that some people may find too radical. My neice and her husband took this route, and for them it was the ideal solution.

 

Best wishes.

[Guest]

for a start re set aside, see for eg the links posted by supasnooper here http://www.consumeractiongroup.co.uk/forum/legal-issues/268786-set-aside-judgement-default.html

[stoney47]

thank you Mightneverhappen,it is a path i had thought about in the past but as it is a joint judgement with my wife we would both have to go bankrupt which works out quite alot.idid not know about utility companys helping out

ford thanks for the link to threads

[someone_else]

When did you inform GE Money you had moved and did you send the letter recorded delivery or receive any confirmation that GE Money knew you had moved. (If you don't have any confirmation you might need to send a SAR to GE Money for their comms log).

 

When did Link claim to have purchased the account and did you pay Link off your own back or just due to the Court Order.

[someone_else]

When did you inform GE Money you had moved and did you send the letter recorded delivery or receive any confirmation that GE Money knew you had moved. (If you don't have any confirmation you might need to send a SAR to GE Money for their comms log).

 

When did Link claim to have purchased the account and did you pay Link off your own back or just due to the Court Order.

[stoney47]

i informed ge money 16th march,but i am afraid i did not send recorded delivery and did not receive a reply. I have recived back some papers from a sar request to ge money,but their is not a great amount in them from what i can see.what exactly is a comms log ?

ge money stated on their letter accompanying the sar that they sold the

debt to asset link on the 7/5/2008,on my credit record it shows a default to link/fnb

i paid link due to the court order

[someone_else]

A comms log (though different companies will give it different names) is where they record all attempts at contact, so when you write to them or phone them there should be a note on the system, the same when they write to or phone you. For example the comms log might show that GE Money received your letter telling them you'd moved, they then wouldn't be able to claim the claim form was sent to your last known address, they'd also have problems with the assignment as you need to be informed prior to them taking court action (it should be sent recorded del aswell)

[pabrmu]

Hi Stoney,

Really sorry to hear about all your problems.Puts mine in perspective!

You will not have any problems getting the judgement set aside, so download the form N244 and follow the various links on this great site.

You will then need to send a SAR to LINK to get all of the information they hold on you.

Come back on again when you have the details and better people than me will help.

[stoney47]

i will go and look through papers again, also nothing about assignment from ge money just a welcome letter from link

[stoney47]

pabrmu

thank you for your comments, it,s been a rough few years but as they say (it can only get better) i have got form n244 filled out and will sar link asap, i think i am confident about the set-aside just wanted to be sure i had a good case to put afterwards

[stoney47]

have a set-aside hearing tomorrow at 10.40,i just wondered if any one could advise what level of infomation i need to provide to the judge.Having read lot of threads over the last few days regarding link financial (lncluding beachcomber60,zanzibars and deb4tlj from 2007) i feel i have a suitable defence if it gets set aside which include lack of assignment. an agreement not containing signatures from both creditor and debtor as referred to in section 61(1)(a) of the cca and a couple of other reasons.obviously i would not want to give too much info to the other side if not necessary.

[Blossomandebony]

Hi Stoney 47,

 

Can u give more details of why you didn't defend the original judgment?

 

If you have a valid reason why you couldn't defend you stand a good chance of getting the set aside.

 

The judge will want to find out two things:

 

1. Have you acted expeditiously once you realised there was a ccj against you?

 

2. Do you have a defence with a realistic chance of success?

 

If you can prove both of the above you'll be fine.

 

BAE

[stoney47]

as stated in my 1st post i was not living in the property that all the documents were sent too so received a judgement in default, due to a difficult time personally and a lack of knowledge i applied for a set-aside 3 months ago. i believe i have a realistic defence but not sure how much of it i have to present tomorrow.

[ploddertom]

Listen to what the Judge has to say. Be polite and respectful - address him as Sir and regardless of how things turn out thank him at the end - even if he is an ogre. Be prepared for anything and everything.

 

Whilst you may have grounds because you did not receive the original documentation the difficulty you may have is that you have admitted previously you owe the debt - unless you have some provision for paying it even if it is a different sum to that you are paying now.

 

Good Luck

 

PT

[stoney47]

i have not admitted in writing that i owed the debt,started making payments because i did not know that i could challenge it. link have put on £3500 interest on a judgement of just over £11000 which made me start researching, i dont believe that the original agreement with g e money is legal

[Guest]

stoney

some further info, if you've not already seen! http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=12_how_to_set_aside_a_judgment_in_the_county_court

Edited November 1, 2010 by Ford

[pabrmu]

Hi Stoney,

Good luck today,mate.

Let us know how you get on.

One word of advice.

Whatever happens today, the leeches will probably ask for costs, even if you get the set-aside.

If you do win, ask the DJ to reserve the question of costs till you defend the case. If you lose, make the DJ aware of your financial circumstances.

Good luck again.

[stoney47]

I went to the court yesterday,link financials solicitor introduced herself and we went before the judge,who seemed reasonable enough and he asked me to state the reasons why my ccj should be set-aside so i started saying about not living at the property when the documents were first sent,but he cut in and send he wanted to know about my reference to links assignment,so i stated i did not believe it to be a legal asignment, he then asked if i owed link the money, i told him that i had an agreement with ge money through a double glazing company for a conservatory which i had signed the cash release form but had not been installed(another story altogether).

he then said "so you spent the money on something else",i said no it went too the consevatory company,he stated that required further discussion and went back to the assignment issue.

at this stage i was starting to get quite nervous,mouth was dry and my hand was starting to tremble, so had some water

he asked the solicitor if she had the NOA she held up a copy of links hello letter,so i said(i hope i am right)that was not an assignment and that as stated in "the law of property act 1925" an assignment had to be under the hands of the assignor.the judge asked the solicitor if she knew about this and she answered she did not.he also asked if she had the deed of assignment,that was also a no,he then got out a big white book to look at but could not find any reference.after thinking for a couple of minutes he said he was instructing link to produce all relevant paperwork including the deed and for me to give a more detailed defence and he would see us again in three weeks.

i came out of the court feeling quite chirpy and my confidence boosted

[pabrmu]

Hi stoney,

That seems a reasonable result and it gives better people than me the chance to help you out. It seems as if the judge may be clued up on these matters. Post up his judgement when it arrives and keep "bumping" this post until the big guns arrive.

At least you know what to expect now, but you will need to be well prepared.

It seems you have also interested one of our guests.

Isn't it strange that most Link threads have guests looking in! Hopefully, they may learn things and start doing the right thing, but I doubt it

[pabrmu]

Stoney,

Forgot to ask.Did they ask for costs?

Another reminder to look up all that you can on your assignment.

[stoney47]

pabrmu

thanks for your replies,there was no talk of costs, i am currently just trying to get all relevant papers together

[pabrmu]

No probs,mate.

keep us all informed and ask if you are unsure.

[stoney47]

Just posting an update

Set-aside hearing which had been adjourned so link could supply documents.was adjourned again because of links failure to supply documents by the due date,I

also sent a SAR request to link and on the paperwork they sent me,they seem to be admitting that hat the agreement is unenforcable.The memo report shows that they have written to ge money stating "the agreement provided is not executed,please provide a copy of executed agreement or confirm if not available". then a week later it shows that they have written to ge money again stating "unable to provide executed agreement-unenforceable". I think that provides a bit more power when i attend court

[liquidauctions]

Just posting an update

Set-aside hearing which had been adjourned so link could supply documents.was adjourned again because of links failure to supply documents by the due date,I

also sent a SAR request to link and on the paperwork they sent me,they seem to be admitting that hat the agreement is unenforcable.The memo report shows that they have written to ge money stating "the agreement provided is not executed,please provide a copy of executed agreement or confirm if not available". then a week later it shows that they have written to ge money again stating "unable to provide executed agreement-unenforceable". I think that provides a bit more power when i attend court

 

Yes take that in with you to show the judge, Internal admissions always incriminate and they have admitted themselves saying it is unenforceble. They may just withdraw the defence so they dont incur any charges. I would write to Link with a copy of that page and any you may want to use, Highlight the relevent part and state you will be using it as evidence, If they are thinking of bluffing the will think twice.