Link Financial County Court Claim !!!!

[angel_1]

so did the judge accept disclosure was required? did he or she make any order compelling disclosure?

 

this is sooo important, i dont see how you can defend when there is no documents on which the Claim is based.

 

im pondering a strike out to be honest

 

 

Hiya Pt2537 and Phase 1

 

happy new year firstly,

 

what im trying to understand and hoping my question will help everyone reading the thread in the future too, when you say did the judge accept disclosure was required

and if so did they make an order compelling disclosure -

 

would this have been done at the time of the set aside hearing, so whilst having put in the n244 request for the set aside, is it then at this set aside hearing which is a golden opportunity for us to ask the judge for an order compelling disclosure to actually be done, and then if the claimants dont comply would it then give opportunity for us defendants to go for a dismissal ?

 

sorry to push in your thread but i think this point is really a good learning point for us all litigants in person so we give ourselves the best opportunity for a dismissal of the case if we can

 

hope ive not confussed anyone but raising awareness for us all

 

good luck in the meantime, have subbed to this thread

 

cheers angel x

[pt2537]

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED&p=3240221&viewfull=1#post3240221

[pt2537]

i have no idea what happened there, i was typing the text to go with it, and the link just posted on its own, spooky

 

Angel have a read of that post i made, and follow that through to the end of the thread,

 

it may assist.

[angel_1]

yes Pt2537,,

 

spooky, already 2011 - lol

 

have gone to the link and read to the end and ive posted a reply there for you and im finally understanding this so much better now thank you

 

angel x

[Phase 1]

Ok have now recieved the letter from court and states as follows :-

 

By consent it is ordeed that

1 The judgement dated xxx be set aside

2 The Claimant is to comply with the Defendants CPR request for documents upon receipt of such documentation

3 The defendant do file a fully particularised defence within 28 days of receipt of the requested documentation from the claimant

4 The claimant do file and serve a response to any such defence within 28 days of receipt

5 On receipt of defence allocation questionnaires be sent to both parties

6 There be no order as to costs

 

So what happens now ? do I just sit tight or push for closure.

Thanks

[Phase 1]

OK people need some help quickly now.

Recieved a reply from Link on the 19th January. They have stated all documentation included, all they have sent is statement of there account ( including missed payments of CCJ that was set aside ?) a letter introducing themselves , with there name and address, no date on the top of the leeter but a reference saying MBNA has assigned the debt to them as of 31st January 2001. There is no paperwork from MBNA at all , no DN, no statement of account as to how the alleged debt has accrued etc etc. They then ask that I file a defence within 28 days.

I wrote back to them stating that there are documents missin (recorded delivery), I have now recieved a reply stating that they are waiting documents from MBNA and will forward them as soon as they recieve them.

Now my problem is do I file defence as they have asked in the first letter, or do I still wait for all documents ?

Need to know as the letter arrived yesterday and 28 days is now up and dont want to fall foul of some trick by them, now confused

Thanks Guys

[DonkeyB]

They have not complied with the court order. But the judge did not give them a timescale within which to comply!

 

Wait for all the documents, but it may be worth writing to the court (recorded, or fax it) pointing out that the CPR request has not yet being dealt with, in case they try and stuff you by going for judgment. Include a copy of Link’s letter and your response. At least your letter will be on record.

[Phase 1]

Thank you DonkeyB, just a quick question, a letter of assignment, should that come from the original caompany or from the debt collection agency

[DonkeyB]

It can come from either, but it must be accurate. The DCA, with permission of the OC, can prepare and send an NoA on behalf of the OC. Personally I never see the point of this, as a notice from the DCA/debt buyer should in itself be sufficient.