Creation/Irwin 1a small claim Summons old BOS then GE Money Joint Loan *WON*

[mystery1]

Nice work

 

M1

[seriously fed up]

Beetle your mailbox is full, so my reply couldnt get sent. You can find it below. Good luck with the case and also the move (perhaps the more difficult?)

There is no harm in putting in an IA on those grounds - BUT you need to put a defence in as well since, while I take your point, you should expect them to oppose. But the main problem is that this will be second time this case has been due to be heard, there has been a delay for a SAR, and one of the Sheriff's duties is to think about justice not just from the pov of the individual but from the wider perspective of the justice system. Put another way, you will need to argue this one as powerfully as you can, AND be prepared to lose and have to defend on the day.

In that respect they will say they have provided a CCA agreement - its what they sent you. If they do this then I would say that's good for you. The danger is - as we both know that they come up with the back of that form. But the only difference if they do have this is that you get done now rather than later.

As for the DN, am I right in thinking that they say they have sent one but they dont have a copy? That isnt unusual. What you should do is to look in the SAR for a log of all the communication they have had with you. Is there a a line about a DN being sent? If that's not there, then they are screwed because that if THEIR computer system doesnt know about it, then its a pretty strong sign that one wasnt sent.

So by all means put in an IA, but

 

1. be prepared to lose and to have to defend
   
2. in preparing that defence contemplate WHY the SAR might not have produced the sort of information that you were expecting - might what they have sent be the best they have (in the case of the agreement?) and might they not have sent a copy of a DN because they didnt send one (in which case look in the communcations log in the SAR) - in any event be prepared to push them on why they dont have a copy/ evidence of this being sent at all. Dont let them off with "its our procedure. It would have happened". Sometimes a SAR can be more interesting for what is not there (I have one that made them fess up that they didnt have an agreement)
   

[24233513afw]

Had a loan with 1st National (GE Money) got into financial hole way back in 2007, GE Money assigned Laon to Link Financial.

 

They have made several demands over the years, went extremely quite for about a year now.

 

And guess what!! they have woken up and started to send letters.

 

I have two questions hopefully somebody can help me with:-

 

1. I had PPI on this loan originally with 1st Nation( GE Money) and they were not regulated by FOS at this time so they could not help. Then FOS tried to intervene on the original Insurance Company but again it was all done under GE Money who were not regulated by FOS at the time the loan was taken out. So no joy there.

 

2. Now Link are threatening Court Action....could or would I be able to counterclaim a court action from link on the basis that there is PPI on this loan and I was not elligible for PPI at the time loan was taken out (didn't work enough hours).

 

Therefore if Link take me to court could I counterclaim them with PPI as the PPI payments are in excee of the balance owed not by much but enough to cover the amount owed.

 

Any help, comments gratefully appreciated.

Cheers

AFW

[rebel11]

Hi 242

 

When was the last payment made on the loan?

You need to work out how much PPI you've paid, add Interest onto it and claim it back. Send your claim to GE Money, who will say no, then take it to the FOS, You want everything back from your first PPI payment to your last PPI Payment.

Spreadsheets and Templates are in the library.

 

Infact you could ring the FOS today, give them some details, get a reference number off them that you can write in your claim letter to GE Money.

[24233513afw]

Hi rebel11

 

Many thanks for your reply.

 

The last payment would have been approx May 2007.

 

I have already calculated PPI payments that I have paid and sent this to GE Money who refused, then I contacted FOS who also said they could not help as GE Money was not regulated by FOS when I took loan out. This leaves me with the only option of court, which due to my husband being very ill I would prefer not to do just now.

 

However it does seem that Link is thinking about court action since they have a CCA. This is what I am trying to find out....if Link take me to court could I counterclaim them with the PPI Insurance as GE Money should never have assigned this loan to Link as the PPI payments that I want to claim are more than the balance Link are claiming.

 

Sum and Total is Link threatening Court Action for assigned account - can I counterclaim them with

PPI payments that I paid on loan to GE Money....Link is aware that I was claiming GE Money but never told tham that it was refused.

 

Cheers

AFW

[24233513afw]

Hi Folks

 

Just received my yearly statement from CL regarding this account and it has a ZERO (£0.00) balance how would this affect this acount if they tried to take me to court, dont quite unerstand it as it should have quite a high balance and especially with them having a enforceable CCA, Or has somebody boobed!!!!.

Cheers

AFW

Edited October 13, 2010 by 24233513afw
Spelling!!

[IdaInFife]

watch out for a new dca or been passed back to the oc

[24233513afw]

Will do, it was assigned to CL Finance in 2007, they do have a enforceable CCA, cant imagine what they are playing at.

 

Will watch for new DCA or CL Finance coming back (Didnt realise theat they could hand it back to them always thought that they now owned the alleged debt.

Cheers

AFW

[24233513afw]

HELP PLEASE - Any help gratefully received.

 

1. Loan with First National Finance (GE Money).

 

2. Assigned to Link in 2007.

 

3. Tried to claim PPI back for GE Money 2009 (didnt realise there was PPI) - they refused.

 

4. Approached FOS for help - They refused GE was not regulated by them at the time.

 

5. Now link threatening Court Action - could I counterclaim with PPI - this is more than the debt.

 

6. Is assignment same as selling the debt and does that mean Link can sue me for it or does it need GE Money also to gp to court.

 

If, Link take me to court can I still coounterclaim them as this debt should never have been sold as the counterclaim for PPI is more than the debt.

Cheers

AFW

 

Just a wee bumpty bump.....please can somebody have a look

 

Can somebody please help me, if link take me to court for a debt that has been assigned to them can I counterclaim PPI Payments.

Cheers

Edited October 16, 2010 by 24233513afw
Spelling

[Jasper1965]

Can somebody please help me, if link take me to court for a debt that has been assigned to them can I counterclaim PPI Payments.

Cheers

 

 

 

 

To take you to Court Link would have to hold title to the account.

To hold title the account must be assigned under The law of Property 1925 sec 136.

Any assignment made thus is "Subject to equities".

The PPI claim was based on a sum which existed prior to any assignment and therefore setoff (against the equity of the missold PPI) can lawfully be claimed by you by way of a counterclaim.

If Link litigate then you must enter your PPI claim in full as a "counterclaim for setoff" which ensures the matter goes before a judge (at links expense) and negates the involvement of the FOS in deciding the PPI.

[24233513afw]

Hi Peeps

 

Need a wee bit of advice on SAR procedures I am send GE Money SAR for this account and two others.

This account was originally with Bank o Scotland and the other two First National.

 

1..GE Money took them over years ago so do I.....SAR GE Money or BOS & First National(who I belive is GE Money now)

 

2..Also these were joint accounts so do I apply in my own name and send £10 or do I apply in joint names and sendf £20.

 

Dont want to send them £20 if I can help it, money really tight at present.

Cheers

AFW

[Bigdebtor]

subbing - fascinating reading - and lots of good ammo here.

 

Thanks to all contributors and well done to the OP for a great win!

 

BD

[24233513afw]

 

Many thanks BD, if it hadn't been for the help of CAG memebers especially Seriouslyfedup who must have been demented with me and ida abd a few others....I would never have got this result.

 

Another great credit to CAG

Cheers

AFW

[Bigdebtor]

What's the full title, author name, publisher etc. of the Hennessy book? I'd like to get it into my local library - tried google but no luck - too many options.

 

BD

[24233513afw]

 

Hi BD

 

I got a copy from the local library, but you can buy them second hand on amazon.

Its a paperback book. Not a hardcover like what I was looking for.....gives you all sorts of info.

 

Title: Civil Procedure and Practice - Charles Hennessy - Third Edition

ISBN-13: 978-0414017511

Author: W Green

 

Hope this helps you find it.

 

Good luck

AFW

[Bigdebtor]

AFW

 

Very comprehensive answer - even the ISBN! Many Thanks.

 

BD

[24233513afw]

Scenario is:

 

1. Took out loan with PPI with 1st National then GE Money took over laon.

2. Husband took very ill (but had paid off most of the loan) was told PPI was on myself not Husband.

3. Got into difficulties with payments.

4. GE Money assigned loan to Link Financial (Who have been threaten to go to court since 2009butexplained that there was illegal PPI on account as I didnt work enough hours to qualify for it so it should never have been sold to us.

 

5. Tried to get PPI back from GE but refused.

6. Contacted FOS they couldn't help either as GE was not under their jurisdiction when it was sold.

7. Now that Link know that its not going to be refunded they are now commencing Court Action.

 

Could somebody please help us to complya letter to them, I have been trying for two days to write a letter but I am hopeless at writting letters I just cant sem to say what I want in them (too scared maybe)

 

But I think we are right in thinking that if the take us to court we could counterclaim with a claim for PPI as it was sold to us illegally by 1st National.

 

Tried to get PPI payments back from GE Money, they refused, FOS cant help now Link are threatening Court Action - Can I counterclaim.

Cheers AFW

 

Please can somebody help us.

AFW

[Anna67]

hi, sorry i cant help but iv had probs with GE trying to claim back ppi its seems pointless to me they always refuse,hope it works out for you xx

[dx100uk]

http://www.consumeractiongroup.co.uk/forum/showthread.php?220288-Advice-please-on-PPI-claim-from-1st-National-Bank-Link&highlight=

previous thread.

 

becareful with words here

 

ppi is unlawful NOT illegal same with charges there is nothing criminal about them

 

now.

 

since that previous thread obv the amount of you reclaim has gone up

have you recalculated it?

 

is it MORE than what you supposedly owe link?

if it is, my pers reaction would be to fire off a letter to link

stating quite clearly that should they go anywhere near court

the PPI reclaim will be used as will a charges reclaim

{you already have the SAR so's i bet there ae charges too!]

 

what make you think link are going to court...not a threat-o-gram i hope?

[24233513afw]

Hi dx100uk

 

Many thanks for your helpful reply...

 

You are correct I do have to be very careful with words

I didn't realise it was not illegal many thanks for correcting that point.

(This is why I am so frightened to try and compose a letter to link in case I mkae a drastic mistake).

 

Calculation is more than we supposedly owe link.

 

I cant remember how to calculate the PPI (I read about on CAG but cant remember where)

 

As my Hubby is so seriously ill just now we were just going to stick with the figure that we had just to make life a bit easier on us. We are aware that the amount would increase for PPI claim but not sure how to recalculate.

 

I have tried to recalculate the the PPI but cant seem to get calculator to work for me, I had help calculating the first time can't remember who helped me........the first calculation is more than we supposedly owe link and as my Hubby is so ill just now we felt that we would just stick with this figure (just to make life simpler for present).

 

We have received a Letter Before Action from Link saying that they are now issuing County Court proceedings against us.

I thought that I would send a letter to them telling them that we would counterclaim, never thought about charges I think there is only three charges on this account as we paid it faithfully until Hubby took ill then everything went haywire.

 

Cheers AFW

[dx100uk]

hey great reply.....

 

dont worry about the figure

that will sort itself out.

 

i still do not think the letter IS an LBA from link [not saying you are telling fibs though!]

 

can you scan it and post it up?

 

do this:

 

scan the required letters/agreements/sheets

remove all pers info inc barcodes etc but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

 

 

now next bit:

 

link will not go anywhere near a court

 

i think you have a SOC [spreadsheet you say]

 

i need to see the threat-o-gram

 

but you'll need to write a very simple letter to link

 

with a copy of soc

 

saying basically:

 

should this end up anywhere near a court

the enclosed claim will be used in a counter claim.

 

i politely suggest you return the A/C to your masters.

 

now have you had a look at the CRA file?

 

i need to make sure LINK are named against the debt please.

 

dx

[24233513afw]

Hi dx100uk

 

Here is the letter before action we received from Link regarding Court action.......

 

Can I ask what a SOC is ?.

 

We have checked the CRA file and Link have entered a default in 07 and keep updating file.

 

We also have the assignment letter that I can scan if need be.

 

What I haven't done is got SAR from GE Money as I am sure maybe a few charges on this account also.

Will send SAR away tomorrow, if you think its not too late.

 

I have scanned a copy of the their letter below.

 

Many thanks for your help and guidance

 

Copy of Letter

 

AFW

[dx100uk]

what ripe that letter is

 

we will get a ccj!!! BA!!!!!!!

 

how can they predict what a judge 'might' decide.

 

as link are mentioned against the debt on the CRA

 

fire that letter off i suggested

 

ans a SOC is what i said it was - a speardsheet detailing your reclaim.

 

dx

[dirkuberpower]

we could counterclaim with a claim for PPI as it was sold to us illegally by 1st National.

 

 

AFW

 

PPI is not illegal, if sold correctly there is nothing wrong with it.

[24233513afw]

Thanks dx100uk

 

Unfortunately I dont have a spread sheet for the PPI claim I only have a figure as I am sure it was somebody on here that helped me calculate it ages ago.

 

I will try a comply a letter stating such, that I shall counterclaim if they intend on proceeding with court action.

 

I don't see why they should be allowed to get away with taking me to court when they owe me more than the balance. As we should never have been sold this Insurance in first instance as I didn't work enough hours to qualify for it. SHould be 16 I only worked 10 hours a week at that time.

 

Would it be possuible to send you my letter by PM to go over, don't really want to post it just now, seems there is prying eyes about.

 

Cheers

AFW