Claimform/ Link/GE capital/woodchester

[elrib]

Hi

 

Ref old debt that Link was assigned to back in 2006/7 after being passed round a few DCA.

 

I did start paying Link some small payment as I belive them that all documents were in order, but could not remember ever signing an agreement.

 

After coming to this site I stated to do some of my own checking, ie CCA and put the account into dispute, and stop paying them until sorted.

 

To cut this short, letters were sent back and forward and all I have from them is a unreadable copy of an agreement which has what looks like my signature on it, and a unreadble copy of TC which are for an HP agreement not a loan.

 

Now I have had a letter Before Action from them. They also say as I sent them mony I have acknowleded the debt so I can not dispute it, not sure if this is right.

 

Now as I said I can,t remember ever signing the Agreement and after going though all of my old papers I found the Original Agreement complete with two copy,s all still in the letter that they came in.

These were not sign. So I have the original with no signature so not sure how they came up with a so call copy.

 

Also I have a copy of the DN dated 4 july to be remedy before the 18th july.

I then got a letter dated the 19th july saying Default notice has expired and payment for a arrears need to be payed within 7 days.

Then got a letter dated the 24th july tell me to pay full balance in 5 days.

 

Now as it seems that they will now take action I would like to get some feed back on how I should proceed.

 

Thanking you in advance.

[elrib]

 

Hi

 

Ref ; old debt that Link was assigned to back in 2006/7 after being passed round a few DCA

I did start paying Link some small payment as I believe them that all documents were in order, but could not remember ever signing an agreement.

 

After coming to this site I stated to do some of my own checking, i.e. CCA and put the account into dispute, and stop paying them until sorted.

 

To cut this short, letters were sent back and forward and all I have from them is a unreadable copy of an agreement which has what looks like my signature on it, and a unreadable copy of TC which are for an HP agreement not a loan.

 

Now I have had a letter before action from them. They also say as I sent them money I have acknowledged the debt so I can not dispute it, not sure if this is right.

 

Now as I said I can’t remember ever signing the Agreement and after going though all of my old papers I found the Original Agreement complete with two copy’s all still in the letter that they came in.

These were not sign. So I have the original with no signature so not sure how they came up with a so call copy.

 

Also I have a copy of the DN dated 4 July to be remedy before the 18th July.

I then got a letter dated the 19th July saying Default notice has expired and payment for a arrears need to be paid within 7 days.

Then got a letter dated the 24th July tells me to pay full balance in 5 days.

 

Now as it seems that they will now take action I would like to get some feed back on how I should proceed.

 

Thanking you in advance.

Edited August 1, 2010 by citizenB
duplicated post

[elrib]

Put this on twice as as wording got mix up. not sure how to remove this one. can anyone help. sorry.

[dx100uk]

your img code is not working tonight.

 

scan your sheets/agreement

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

goto one 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

browse to your pdf file and upload it

hit close this windows at the bottom below upload it box

 

dx

[elrib]

thanks for your help dx

 

Have uploaded some of the documents but only let me load 5 at a time can I still upload more.

[citizenB]

Yes, you should be able to upload more documents. If you find you have exceeded the allowance then you may have to use an image hosting site such as photobucket.

 

Image hosting, free photo sharing & video sharing at Photobucket

 

Alternatively you will need to make your pdfs slightly smaller.

 

I see the Default Notice was issued in 2006 - this would have only allowed you 7 days to remedy the breach. Did you actually receive it ?

 

Do Link own the debt or has GE assigned it to them at some stage. In which case you need to see the Notice of Assignment. I guess you did receive it otherwise why would you have been making payments to them:-(

[dx100uk]

i think they are just chancing their arm before it becomes SB'ed.

 

per i'd ignore them.

 

dx

[dx100uk]

ps try scanning in a low resolution, no need for 6Mb files

 

dx

[Hardupnotfedup]

What was the date of the last payment to the account, it looks like 06/07 in which case unfortunately you are a long way from SB, although you can still dispute it

[elrib]

I had a assigned notice from Link in oct 2006,

 

The default notice was date 4th july and to be remedy by the 18th July.

[Hardupnotfedup]

I cant see anywhere on that agreement a cancellation section.

[elrib]

Hi all thanks for input

 

After reading abit more on this site.

If I know that Link does not have a copy of the original agreement as I have it and never sign it, and the dates on the default notice makes it invalid, would it now be wise to just send a letter to Link and tell them or would this cause me more problems.

Would like to get to them before they take this to courts.

El.

[dx100uk]

link rarely do court - but be careful

i think its just an attempt to fleeced you before it goes statute barred.

which i think is closer than you think

 

dx

[elrib]

I dont think the statute barred here would help as I did make payments to Link beginning of 2009, stupidly I belived them when they told me that they had all the required document, but this site open my eyes to that rubbish.

 

El

[dx100uk]

yep but this could also be contrude as a payment made under duress,

i think you might well find that link know this fact too well and know they conned you then. they had no paperwork and are now back peddling.

 

dx

[elrib]

thanks dx,

 

would it be best then to just wait and see if they carry out they threat of court action. the last letter on got from them which was dated the 28th say that County Court Proceedings will now be issued without further notice, mine you it also say to prevent this action pay up within 14 days.

El

[dx100uk]

bet it don't......

 

it will be littered with the words:

 

if, could, might, maybe, should, instructed. etc etc

 

read it again

 

dx

[elrib]

re last letter they sent me.

[dx100uk]

std threat-o-gram

 

lots of if's and maybe's in there if you read it carefully.

 

pers i'd ignore them.

 

IF it ever got to court it would be easily set aside with the info you have .

 

dx

[elrib]

Hi all Need some advise on how to proceed with this lot.

 

Received court papers for an loan agreement was Capital Woodchester but now sold to Assett Link,

 

I have never signed a agreement this is facted, although they did send a unreadable copy of a agreement with what looks like my name on it. I have proof that I did not sign any agreement.

The DN which was sent also only allowed 14 days which after reading some of the threads on here makes this faulty,

 

The POC on the Claim form is as follows.

 

The Claimant claims all sums due upon the termination of an agreement made between GE Capital Woodchester and the Defenant in writing and opened 21/02/2005. The Agreement was terminated after the Defendants had failed to comply with the terms of the Ageement and the Default Notice served upon them on 05/10/2006. The agreement has benn legally assigned to the Claimant by way of deed of assignment with an effective date 16/10/2006 and made rergular upon the claimant serving a Notice of Assignment upon the Defendant shortly therafter. The Agreement is regulated by the Consumer Credit Act 1974. Date 22/10/2010

 

Thanks in advance for any advise on how to proceed,

Elrib

[42man]

CPR31.14 might be the best way to start...have a read of this - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

[elrib]

Thank you 42man

 

Will send out CPR 31.14.

I have already cca them but only got a illegible copy of an agreement.

[AndyOrch]

If this is a Northampton Claim Elrib you have 33 days in total process.5 deemed served Remaining 28, 14 to AoS (Acknowledgment of Service) this can be done on line, register with MCOL.

There is a code and password on the summons.Another 14 days to submit your defence should you wish to defend it.

Can I recommend not admitting any liability for the debt, partial or otherwise. If the credit agreement has not been provided by the Claimant as the result of a CCA request, then you have no way of ascertaining if the contract is legally valid under the CCA 1974. In the absence of this information, you are unwisely, in my opinion, admitting liability for a debt, that hasn't been proven to exist or one that conforms to the requirements of the CCA 1974.

 

Regards

 

Andy

[DonkeyB]

Default notice served on 5th October, and the account sold just 11 days later? That means the account was live when it was sold. Has the account ever actually been terminated other than by the issue of this claim?

[elrib]

Hi All

Thanks for input need all the help I can get.

 

I did the AOS online yesterday and will defend all of this claim.

As for the DN they have the dates wrong in the POC. So they will not beable to produce a DN with that date. not sure if that is relevant.