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    • Oh dear, Guardianistas in full flow again Posturing is a necessary part of the negotiations  Obviously some form of deal will be cobbled together to save face on both sides At least no government of any colour will touch this subject again for decades to come, if ever  
    • And can you re upload a copy of the email invoice from Dongara that you posted on page 3......for some reason DX has removed it and edited my previous post referring to it. ???  
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    • Does this letter contain balances and dates  ? If so please redact and upload   Ginni if you could check the balances outstanding from the initial statements (the last one  you uploaded) the LBC to the Deed of Assignment to the claim form...just check that the figures all correspond ....in particular the amount on the Deed, check it to the amount claimed.   Im thinking that Deed may of been recreated since issuance of the claim form. Given that the Deed is dated 21st Aug...why did Dongara email their statement .   Andy
    • pst.. there a very good defence in post 32 here...    
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Court claim from Link Financial. Please help.


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Lack of an agreement is in itself as far as I know a complete defence. When Link took me to court the first question that the DJ asked was "have you had a copy of the agreement" when I told him no he immediately told the link representitive to go away. Strangeley enogh they did afterwards supply an agreement which, if I had known then as much as I have learned now I would have torn to shreds. However they still did not get things their own way and it took them 4 appearances to get a partial victory. Stay strong. If you do need to get in your defence make sure that point 1 is lack of agreement. Others will be along to help soon.

Dont let the parasite dca's prosper

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Thanks for the input. Earlier in this thread pt2537 stated that maybe an application would be better than a defence. I take that to mean maybe a strike out application rather than an embarrassed defence on the basis that they have not supplied the documents on which they rely & have mentioned in the poc's.

Most of this goes way over my head & now I'm panicking a little.

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an application would be for an order compelling disclosure.

 

The party mentioning a document in its statement of case ought to allow inspection of that document, given that they have signed a statement of truth too

 

So, if they cannot provide the documents they have pleaded in their statement of case, then you will need to see this document before you can formulate a defence as it seems the agreement is central to this matter

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Thanks. I think I understand that.

Now, as I've said before, the extension I allowed Link will expire on the 25th. Do I have time to get together an application for disclosure or will the court just allow the judgement to go ahead? Will this application delay any judgement? I really do not have much knowledge of the court system I'm afraid.

Yes I think the lack of an agreement is my main ammo in this case.

Thanks again for the help.

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  • 2 weeks later...

Ok I've had a good look around here & it seems a court order for disclosure is probably the way to go but I can't find any info on how to go about it.

Is the N244 form used for this purpose?

Is there a guide of sorts to give me some idea on how to apply for an order?

Is there a fee involved?

 

Cheers again.

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hello the janitor

 

im following your thread as we are against the same lovely company - oops, lol

 

anyway i will link my thread for you to look at incase it helps your case too, ive picked up lots from your thread already for my battles,,,

 

happy new year to you and all on your thread

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?282042-Link-Financial-court-summons-rec-need-help-pls

 

good luck and keep on believing, angel x

Edited by angel_1
inputted my link for my thread

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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  • 2 months later...

I haven't been back here as there'd been nothing to report but things are now moving.

The last thing I did was to send an N244 form to the court asking that the court request the required documents from Link & if these are not produced within 14 days the claim should be struck out.

I have recently got a reply from the court stating that they have set a date in May for a hearing when my strike-out request will be considered. I'm confused by this as I ticked the "without hearing" box on the N244 form.

Today I have received from Link a "Consent Order". The attached letter says that if I sign & return this form they will agree for the judgement to be set-aside.

If I do not sign the form they claim they will attend the hearing & "vigorously oppose" my application.

 

Has anyone any thoughts on this latest development?

 

Thanks once more.

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I am still waiting to hear from the court about the exact same thing, so will keep an eye on the advice you get, as it may apply to me later.

 

Good Luck with this one :)

It's all fun and games until someone loses an eye :D

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It depends on the contents of the order, but, if you refuse and the consent order is what your application seeks then your refusal could go against you, could be seen as unreasonable and therefore costs ordered against you.

 

Just cos you tick no hearing, doesnt mean that it wont get ordered to be heard, and infact the oppo would appeal if this was not dealt with by way of hearing

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Are they asking you to admit the debt to avoid a court hearing? If so it is similar to other posters regarding Link. If they have not produced the requested/required documents then they will not be able to oppose much.

Dont let the parasite dca's prosper

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The form which Link have forwarded to me contains very little.

It just instructs the judge to set-aside the judgement & not to award costs as both parties will cover their own.

That's all there is. I can post it up tomorrow for viewing if needed.

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Just one more thing, as Lieutenant Columbo once said!

 

If you choose to accept Link's offer, you should not sign their document and produce one of your own. The wording is the same, however, where the section for signatures is, you should insert the following:-

 

Signed by Claimant: .......................................

(Link Financial Limited)

 

Name: ........................................

 

Position within Company...................................

 

Then continue with your signature as stated. Do not sign this form yet. By seeking their signature first, you retain a degree of control. Send the letter via Royal Mail Special Delivery as it needs to be received asap:-D

 

 

You should then prepare a letter similar to the following:-

 

Dear Sirs,

 

Claimant:

Defendant:

In the (name of court) County Court

Claim Reference No:

 

I refer to your letter of (date) offering to set the above judgment aside.

 

I am amenable to discussion of this matter, subject to the following:-

 

Please find attached three copies of an amended document. All copies should be signed by an authorised officer of your company. You should then return the three copies to the Defendant and they will be distributed as follows:-

 

1. Forwarded to (name of court) County Court

2. Retained by Claimant

3. Retained by Defendant

 

With reference to attendance at a hearing, please be advised that I shall attend if required and that a vigorous defence will be made. An order for costs incurred as laid down as appropriate for Litigant in Person shall also be sought.

 

The signed documents should be delivered within seven days of receipt of this letter, which has been sent via Royal Mail Special Delivery.

 

Yours faithfully

 

 

 

Name

 

Upon receipt of the signed copies, you should send a copy to the Court and to Link via recorded delivery. Retain your copy safely.

 

I hope this is of help. :-D

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You're welcome. Let me know how you get on.

 

I know this has been mentioned on CAG many times, but do not speak to DCAs, or their representatives by telephone under any circumstances. If the Court deadline is looming, state that you will accept an e-mail from the DCA.

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  • 1 month later...

It looks as if the consent order did the trick as I've just received a letter from the court saying the case has been dismissed with no costs awarded.

I'm delighted with this & many thanks to all who took time out to help me. It's much appreciated.

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