Link Financial County Court Claim !!!!

[Phase 1]

To all out there, I have read with some interest another post on this subject, posted by Selena4 in June this year.

I am in the same situation with regards this delightful and helpful organisation (not).

I have used the advice already regards filing Acknowledgement of Service online, and I need to know if the same Template letter to Link can be used to bring a defence?

I have browsed the forums on this site in the past, but did not think I would have to use the advice myself !

Anyway as always I would appreciate any help you can give me, I would rather be forever in your Debt than theirs (lol). I realise this is no laughing matter but am so frustrated by this, I would rather laugh than cry.

And I have to say what a relief to have people like yourselfs to help people like us 8-)

Thankyou in advance

Andy

[rebel11]

Hi Phase

 

The guys should advise shortly.

[Phase 1]

Is this template letter the next step ?

In the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION UNDER CPR PART 31.14

template removed - dx

[Phase 1]

Here is Claim Form , as I dont have enough posts you will have to put **edited**

Hope its clear enough

Edited October 13, 2010 by cerberusalert

[AndyOrch]

Hi Phase and welcome to Cag

 

Firstly you need to re head the above to CPR18.1 and CPR 31.14 if you require anything other than they refer to in their P.o.C ie Statements and Data.

Have you requested a copy of the Agreement they refer to previously from either the Original Creditor or Loony Tunes?

I would advocate doing so if not already and make this separate to the CPR request. Sec 78 see templates library print name and head " I do not acknowledge any debt with your Company"

Retain proof of postage.

They may disregard your CPR request but failure to comply with your CCA request as far more reaching consequences as the case proceeds.

 

If you could also give a little history of the debt and dispute would also be helpful.

 

Regards

 

Andy

[Phase 1]

Hi Andy,

Thanks for the reply and the very useful info. I am assuming that the template is the CCA which I change the 77 to 78 for Credit Card debts.

Regarding how the debt got here this is a brief rundown.

The credit card was taken out in 97 with MBNA, they gave me as far as I can remember a £ 1000.00 limit. My wife also used a card on this account, ( if its the same account ) problems I had with them is that as the spending increased so did the limit, without me asking or being informed. I did not know this until the bills came in.The amount had risen to just over £ 1,800.00. I spoke to them on the phone and argued the point that they should not increase my limit without my written consent. Well I stopped using the card told the Wife not to use it and we started to pay the card off at minimum payments, now I will not deny after a couple of years my Wife left me with the 3 children and money was now getting tight as I had to change my work conditions to suit the children. When the account defaulted after several months they slapped an extortionate amount of interest on !!! this took the account to over double the owing balance.No help or understanding came from their office, it was sold on to link or whoever they were at the time, and they seemed to pull out more charges and interest from somewhere. I then went to citizens advice and they got a regular payment set up. I had paid this regular for some years, then had a serious car accident and as always they were very understanding lol. Told them( when they got nasty) I had paid the owing amount from MBNA and they kept sending the letters. I know it was a long shot but I disagree with the amounts and dont owe them anymore. When my wife left the paperwork and everything is just spread across the move and 2 houses so cannot see where the extra costs have been added. I can add I have never agreed to the debt or the amount.

Hope this helps, and hope you can help

Thankyou

Andy H

[AndyOrch]

Hi Andy

 

Ok thanks, have you retained any paperwork in the house move ie Statements, Default Notice, and Notice of Assignment.If not i would highlight the DN and NoA within the CPR request specifically.

On the payment plan you set up with CAB to pay Loony Tunes have you ever received statements for these payments?

 

Andy

[Phase 1]

No statements for the payments, never really thought about till now. As for paperwork, may have some but will be looking through old boxes in loft, so would still need to send paperwork off in the meantime. Nothing legal would be from Link, they just keep sending begging letters. No letters of assignments that I can remember, just a letter from Loony Tunes with demands for money appeared one day.

Now the highlighting of CPR document, have figured out the NoA is notice of assignment, what does DN stand for. Sorry to be vague, not used to all this legal paperwork.

Thanks

Andy H

[AndyOrch]

DN Default Notice

[AndyOrch]

How much as been payed on the Payment plan to Loony does it tally with the summons amount?

[Phase 1]

No there is no mention of any moneys been taken off anywhere. The amount they have claimed is what they asked for years ago

[AndyOrch]

Ok Andy

 

Well get your requests off for now and keep an eye on your defence date.In the meantime try to recover any history. In assigned debts there is always errors and nobody has the knowledge of the debt better than the debtor himself. Loony Tunes will struggle with the formation you have requested so dont hold your breath on a reply or in time to compose any defence.

Update your thread as anything transpires.

 

Regards

 

Andy

[Phase 1]

Ok thanks Andy.

Should I allso send a CCA letter to MBNA as well ? and if so does anyone know there address.

[postggj]

do not send the cca to mbna

 

link are now the creditor and only they will release or get it

 

mbna will say sod off unless its by an sar request

[AndyOrch]

Ok thanks Andy.

Should I allso send a CCA letter to MBNA as well ? and if so does anyone know there address.

 

No it goes to Elmer J Fudd c/o Loony Tunes:-) Get it off today Andy the clock is ticking to your defence submission.

 

Regards

 

Andy

[Phase 1]

Ok thanks guys, they are now printed and I am on my way to post office, £ 1.00 postal order for CCA, no signatures, highlighted DN and NoA, and both first class recorded delivery.

You people are fantastic, I have learnt so much in 24 hours.

Will keep you posted of developments.

[AndyOrch]

Splendid Andy:wink:

[DonkeyB]

Looking at the POC, this account was assigned to Link in 2001 – nine years ago! When did you last make any payment on this account to Link?

 

The PoC is here. I suggest you delete your previous link as it identifies you:

 

 

You need to acknowledge online that you will be defending all. This gives you a further 14 days in which to use CPR31. As andyorch said earlier, you must use CPR - they have issued the claim, and you need to see ALL the documents mentioned in the PoC.

 

The fact that they are claiming the original amount without reference to any payments made is odd. Can you tell us more about the specific timelines?

[Phase 1]

Thanks DonkeyB , have deleted file from photobucket as cant find how to edit post yet.

I have today issued CPR and CCA so will wait and see. Informed court I am defending whole claim, as for timelines will be looking through old paperwork and then put it up later this week, depending on what I find.

Thankyou

[DonkeyB]

At the bottom of your post, you will see the button ‘edit post’ – click this and get your name off there!

[Phase 1]

It has edit on the other posts after that one, but not on that post ??

[AndyOrch]

Andy just press the black rectangle (report post) on the post number in question, and request the Site team to edit it

[DonkeyB]

Give it five minutes – I’ve asked a mod to edit it out.

[Phase 1]

Cheers DonkeyB, did not see that when I posted.

Thankyou so much

[cerberusalert]

post #4 edited