Court claim from Link Financial. Please help.

[The Janitor]

Hi all.

I've just received a court claim form from Link Financial. This lot hold 3 accounts in my name, all with MBNA.

On the advice of members of this forum I sent requests for credit agreements for all 3 accounts a couple of years ago & received copies of application forms for 2 & nothing for the other so I stopped paying them.

I get regular updates from them regarding my "current balance" & I began to ignore them completely.

On receiving the claim form I checked some old mail which I was keeping for recycling & found 3 unopened letters from Link & to my horror they were all headed Letter Before Action so now I'm expecting 2 more court claim forms.

I've had a CCJ from a previous debt for the last 5 1/2 years which has held me back & was so much looking forward to having it removed from my file so that I could do the things I've been wanting to do for so long & now to be faced with the prospect of being in limbo for another 6 years is just so upsetting. I'm not normally emotional but I feel like bursting into tears right now.

I can't think straight at the moment & can't see me getting much sleep in the next few days, I'm a real mess. I'm sorry for going on a bit but I feel like my world is coming apart.

Please help if you can.

Thanks.

[rebel11]

Hi Janitor

 

Hold it together, start three different threads in the MBNA forum. Scan, post, removing all personal details, the application forms and the court claim form.

Then the guys can advise further.

[DonkeyB]

We’ll do all the thinking for you. Do as rebel says, and get a thread going on this first claim.

 

Pull together all the info you can – type of account, who with, when taken out, amount outstanding, when and whether defaulted, etc. Your first step will be a CPR request.

 

We’ll also need to know what it says on the claim form, exactly.

 

Make sure you remove anything personal or which identifies the account or claim from the documents you scan.

 

Personally I would suggest the Legal forum rather than MBNA – I really believe you’ll get more help – but put a thread in MBNA pointing here.

[The Janitor]

Thanks loads for taking the time to help out.

I've posted a link to this thread in the MBNA section as suggested.

I'll just deal with the account which has gone to court for now.

My dealings with Link go way back & my record keeping could be better but here goes...

As I mentioned, I have a total of 3 accounts with Link & sent CCA requests for all a couple of years ago & got copies of application forms for the other accounts but nothing for this one.

I believe it was for a credit card but I'm not 100% sure (sorry).

I did receive a Default Notice though

http://i533.photobucket.com/albums/ee338/The_Janitor69/Link4.jpg

 

I've scanned the front of the court claim form, removing the details I thought needed removing

http://i533.photobucket.com/albums/ee338/The_Janitor69/Image0001.jpg

 

Apologies if I've missed something. I'm all over the place at the moment.

 

Thanks again.

[DonkeyB]

Gotta fly out, but first thoughts:

 

I’d noticed the PoC did not state that a DN had been issued, only that a default had been registered. I see why now.

 

That DN/NoA combined looks distinctly odd. I don’t see how it can be issued by Link who were assigned the account AND by MBNA who remain a creditor? That is absolute rubbish. Unless they are saying the assignment is NOT absolute, and they have only bought the BENEFITS of the account – which it appears to say – in which case I don’t think that Link can take you to court without MBNA joining the action. If MBNA is a creditor, then MBNA must take action; if Link are claiming not to be the creditor, they cannot enjoy the benefits of S87.

 

Also, as a DN it fails because it claims the WHOLE balance, not arrears. It is almost certainly not in the correct format, and does not give sufficient time for remedy.

 

Under CPR – and as they are mentioned in the PoC – you must include a demand to see the Deed of Assignment, as well as the usual bits. This true nature of this assignment could be the key to your defence.

 

Look forward to hearing what the heavy artillery think!

[The Janitor]

I do have letters from Link in reply to my CCA requests in which they state that they "Purchased the debt from MBNA Europe Bank LTD" so they can't be acting on behalf of MBNA, not that I know much about these things.

Cheers for the input. I too look forward to other comments.

[DonkeyB]

Bumping this for more considered comments and a bit of legal nous...

[DonkeyB]

And again... c'mon guys...

[angel_1]

Thank you Donkey for this link on this thread which im subbing to and will fully read once got little one up and breakfasted and sorted, i have my own suspicions too, but of course i am willing to learn from others as ive been out of the learning loop from cag for a while i want to be sure of what im doing but hey thanks for looking in for me hope to catch up later have afun sunday cheers angel x

[rebel11]

Hi The Janitor

 

Have you got the CCA for this account? Can you post please? If you haven't the send Link a CCA Request with a Postal Order for £1. Lets see if they pass it back to

MBNA.

[pabrmu]

Hi Janitor,

From reading tons on this site, it seems that this claim is a crock of crap.

1. MBNA should be joint claimant with Link as they would still seem to be the creditor.

2. default notice deficient inasmuch as claiming full balance, not arrears.

3. The DN does not allow sufficient time to remedy the default.

4. S69 arrears not allowed to be claimed on a CCA debt.

I am sure that others will soon come in with their input, but you need to acknowledge the claim and say that you intend defending, else they will get judgement by default.

[The Janitor]

I did send a CCA request for this account along with the other 2 Link are pressing me for but they only sent what looked like copies of application forms for the other 2 accounts & nothing for this one.

They did send the usual confirmation that they were contacting MBNA for the info but that was a couple of years ago.

Should I ask them again?

I'll take a look at acknowledging the claim tonight. I think I can do it online.

Is there anything else I need to know when opting to defend or is that all I do for now?

Thanks again for helping out.

[pt2537]

application forms when accepted can be a regulated agreement for the purposes of the CCA 1974. So, try not to get hung on that point

 

Were the documents presented to you easily legible?

 

if there were words that simply could not be read, then please let us know

[The Janitor]

http://i533.photobucket.com/albums/ee338/The_Janitor69/Link2.jpg

 

http://i533.photobucket.com/albums/ee338/The_Janitor69/Link3.jpg

 

These are for the other 2 accounts with link.

I didn't received anything for the account that I received the claim form for.

[rebel11]

The Janitor,

 

It is best if you deal with one account (the one that requires urgent attention). This will cause confusion.

[The Janitor]

The Janitor,

 

It is best if you deal with one account (the one that requires urgent attention). This will cause confusion.

 

I agree.

To repeat, I've not received a CCA for this account. I have only the Default Notice which I posted earlier in this thread.

[The Janitor]

Guys, do I need to send out a CPR 31.14 request asap?

[DonkeyB]

Some light reading will explain...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here/page3

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?159445-Getting-Them-To-Reveal-Their-Vitals.-Using-CPR-31.14-to-Your-Advantage

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED

[The Janitor]

Cheers for that.

I'm a little pushed for time as I'm off to work so I'll read those when I get home. I just wanted to know if I should get something posted before leaving for work.

I've responded to the claim online, stating my intention to defend.

It's getting very real now.

[DonkeyB]

It would be best for you to have an outline understanding of the legal issues and processes, so definitely get reading on those. I think pt2537 believes CPR18 to be the most powerful of the CPR tools (used correctly), so have a good look at that.

[The Janitor]

Thanks for the links DonkeyB.

It appears to me that CPR 18 is a request for information only whereas CPR 31.14 is a request for documents the claimant has mentioned & therefore will be relying on in court.

I think in my case the CPR 31.14 will be required but then I am relying on other members to point me in the right direction if possible.

[The Janitor]

Finally a reply from Link :

 

"All the relevant documents have been requested from the original finance provider, unfortunately, we have no control over the length of time taken to provide us with this information, we have therefore extended the time allowed for you to reply to the summons issued, until you are in possession of the requested information."

 

Now, as I already sent in my intention to defend does this mean I have more time in which to sort out my defence?

According to the claim form I'm to send in my defence no later than 28 days from the date of service which is deemed to be 5 days after the issue date which was 25th oct.

I dont suppose I can begin to construct a defence without these documents can I?

I'm more than a little confused.

[DonkeyB]

You need to write to the court stating that you have agreed more time with the claimant to file a defence – state this as a further 28 days. Enclose a copy of their letter to you. Do this urgently.

[pabrmu]

Hi,

Link should have had all of the required documents before starting legal proceedings.

Would it not be in order for The Janitor to apply to have the claim struck out as Link have had their time to supply info further to the CPR 31.14 request?

[DonkeyB]

As pt2537 argues, strike outs are often dangerous territory, because if you fail, you bear their costs. Judges seem to be very generous to claimants against LiPs. Perhaps better to give them a bit more rope. If they fail after an extra 28 days, then their goose is cooked.