Link Claimform Credit Card

[angel_1]

Hiya all

 

very long time ive not logged in apologies so much happened - illness, redundancey and now trying to get back to work

 

Have received a claim form from link financial ltd and i have till this weekend to enter the acknowledgement to defend all and then from a past case of mine i think i have to do a cpr request, but the site has changed so much since i last logged in i cant find my subscribed threads or ones showing id started, id had help on hsbc claim which i did a cpr and i will need to resurect that one too soon as its in limbo still

 

also cant get my scanner to work so will get dd to sort out for me later im hoping but for now will type up info

 

**********

Particulars of claim

 

The claimant claims the whole of the outstanding balance due and payable under an agreement reference xxxxxxxxxxxxxx

opened effective from xx/xx/2007

The agreement is regulated by the consumer credit act 1974, was signed by the defendant and from which credit was extended to the defendant. The defendant failed to make payment as required under the terms of the agreement and by xx/xx/2009 a default was recorded. as at xx/xx/2009 the defendant owed mbna the sum of £5xxx by an agreement in writing the deed of assignment the benefit of the debt has been legally assisgned to the claimant effective xx/xx/2009 and made regular upon the claimant serving a notice of assignment upond the defendant shortly thereafter, and the claimant claims 1. £5xxx 2. interest pursuant to section 69 county court act (1984) atr a rate of 8% per annum from xx/xx/2009 t0 xx/xx/2010 of £6xx and thereafter at a daily rate of 1.28 to date of judgement or soon payment date.

 

********

 

this i think is an online credit agreement for which i only got a tick box photostated little peice of paper but unfortunatley i moved all stuff around so im relying on my memory will losing my job i became a bit disorientated and basically became a bit of a recluse in all matters of life, but hey ho,im willing to try and get myself sorted again, im sure ill be fine with all your help

 

after reading a few threads, i think i have to ask for copies of all the documents they claim in the poc, and also should i also ask for statements from day one and could i then counterclaim for the 12.00 charges that were possibly applied? also i read something about a tomlin order if i have to end up paying in back, can this be useful and also with me unemployed (though we are foster carers now not sure where that puts me on a legal standing if im still unemployed as such)

 

i would appreciate your help and any template guidance that i could request the cpr 31.14 is it from memory?

 

cheers and catch up later will log in again in a bit

angel x

[Guest]

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

[IdaInFife]

if you click on your profile and then you can view posts or find threads started

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=119416

[DonkeyB]

Subbing – one or two like this cropping up now, with similarly strange PoCs. Keep your eyes peeled, angel. I have a feeling the assignment may be an odd one. See this:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?281982-Court-claim-from-Link-Financial.-Please-help.

[angel_1]

if you click on your profile and then you can view posts or find threads started

 

http://www.consumeractiongroup.co.uk/forum/search.php?searchid=119416

 

hiya IdaInFife, many thanks for that, glad im getting there now

cheers have a fun sunday angel x

[angel_1]

Thank you also to Ford, now ive sussed out my previous saved threads got that you have quoted and thus can read back and work out what i need to do, cheers

 

also Donkey thanks have subbed to the link thread you gave to me too, and again huge thanks to you all well as ida as i now feel, i can just acknowledge the claim online and then send my cpr request, recorded delivery will do im sure wont it?

 

cheers all angel x

[Guest]

..........i can just acknowledge the claim online and then send my cpr request, recorded delivery will do im sure wont it?

 

cheers all angel x

 

imo, yes.

[angel_1]

hiya all

 

having read a bit more and understand now Not To use an embarrased defence which ive done in the past, im working on the template for the Cpr request,

 

the cpr 31.14 is for info that they have mentioned in their POC which im clear about but - should nt i then receive this info reply from them within 7 days ?

 

ive read somewhere about obtaining say the copy statements from day one and anything else that may be useful and that has to be a seperate request in a seperate envelope and also should be formated in a certain way im trying to refind the thread i read that on

 

also would it be advisable to also send a seperate CCA request to link too with a 1.00 postal order?

 

so in theory should i be sending 3 seperate letters and am i safe to still send today 1st class recorded delivery and my defense needs to be summitted by end of business day 15.nov 10

 

i feel im on a bit of a tight deadline and as was ill last week managed to get my acknowledgement in ontime but now running against the clock to send out these requests or am i still okay and with a chance pls

 

cheers told you all my questions are crazy - sorry

 

laters appreciate you all looking in angel x

[underdog13]

Hi Angel, sorry to hear about your problems. Hope everything goes well for you:-)

 

I have heard that MBNA make some very dodgy assignments; definately check theirs out.

[Bigdebtor]

MBNA are also infamous for having shredded lots of agreements a few years ago - so, if this is the case with your ones then they won't be able to provide originals in court - but not sure how fatal this is with online agreements?

 

BD

[angel_1]

hiya underdog, and bigdebtor thanks for your replies,

 

am reading the whole thread on Getting them to reveal their vitals using CPR 31.14 to your advantage at the moment and

i agree with you both, hence my concern

 

but thanks for looking in, appreciated angel x

[angel_1]

hiya all managed to do the cpr letter 31.14 and sent, but not sure if i should do anything else now, ?

 

cheers for looking in angel x

[angel_1]

hiya all

 

im now guessing waiting for the 7 days to shortly have expired and then i will be back for help, cheers have a fun day angel x

[angel_1]

hiya all

 

well surprise surprise no info as requested by me hence my next stage from what i read on another thread im subbed to i need to do the next stage by doing a court order can you guys just lead me to what i have to write as such and is it best to pay the 40.00 for the judge to deal with or the 75.00 for a court hearing presence? have i got this right?

 

also ive put lots of my other thoughts on post no 8 any further help appreciated cheers angel x will look in later this pm

[angel_1]

hiya i think ive the the thread where i need to do the application to the court to obtain the documents, im really trying to follow the correct route and not to do an embarrased defence, hence i think i just need a bit of guidance pls cheers angel x

 

 

 

its where pt2537 on post no 57 states info that i wish to follow the correct way in dealing with this

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?280006-Link-Financial-County-Court-Claim-!!!!

[citizenB]

Hi angel, sorry for the delay in responding. I think the threads you need are one of those below..

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?255329-CPR-part-18-vs-CPR-31.14-Confused-well-read-here/page6

or

 

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

 

HTH

[angel_1]

hiya citizen

 

having read the info from the second thread you gave the one about being sued am i understanding it right that i do the n244 court notice and pay the fee INSTEAD of doing my defence online at this moment in time as i have not had any reply to my cpr 31.14 letter and the 7 days have passed over. Also do i have to do the n244 the working day before my defense is due or could i even do the n244 on the day the defense is due to be filed, hope that makes sense dont want to give away my day that my defense is due to protect me i think i may have given it anyway on the report info i did the other day

 

really would like to know and i know i can get a n244 from the internet and type up the info but then could i file that with my local court or does it have to go to northampton?

 

sorry got a funeral today and panic is setting in now and im a tad confused

 

check in a couple of hours cheers all angel x

[angel_1]

hiya im back

 

have rung court northampton who said i have til the final day that defense needs to be put in and advise no documents still received cannot sumbit a defense but also do a n244 and forward special delivery to the court for next day del with fee and that will then be looked at by the judge,

 

im still not sure about this, have clicked on the triangle for guidance not a good day to deal with this today for me with family friend funeral im sorry if i m appearing to not understand and keep asking for help just want to get it done right,

 

my gut is telling me to leave til monday and do the n244 correctly or get the n244 into northampton personally on that day or send recorded delivery but then what do i actually put in the defense part on that day as the court said i must still send in my defense but advise i cannot fully explain my defense due to the documents not arriving from the other side

 

or should i call the claimants and try and get a extension? today? or can i still do that monday?

 

im going to recharge my batteries for 30 mins and come back in a bit, cheers all angel x

[the_shadow]

Hi angel, sorry you've had such a rubbish day....

 

A key bit of info thats not on this thread is the month the agreement was taken out, was it after 6th April 2007. If it was then unfortunately one avenue has closed down in regards prescribed terms in the agreement as it was repealed by CCA2006.

 

S.

 

Angel, this is just my opinion, hopefully you'll get better advice....

 

I would phone link tomorrow or monday[First thing] if not open tomorrow and seek an extension for them to comply with the CPR 31.14 request, if they havent responded I think it unlikely they will but you could make clear to them you'll reserve the right to either

 

a) Request the documents in the form of an application to court on monday and will seek costs of the application and hearing from them. or b) Issue a defence clearly stating that due to the other sides lack of conforming to the CPR you are unable to plead effectively and would make it clear in the defence that the claimant is causing an unnecessary delay to proceedings and effective use of the CPRs.

 

S.

 

Angel,

 

A thread to have a look at, explains usage of CPR rules to get the docs you need prior to court.... timescales may work against you here but take a quick look.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?283443-Embarrased-Defences-and-the-problems-with-them.&p=3192556&viewfull=1#post3192556

 

S.

[pt2537]

Angel i have commented on the other thread where you asked for guidance.

 

I would say that the rules are clear , 7 days is the time they have (CPR 31.15) therefore this is leverage for you, as you can use this to get yourself an extension under CPR 15.5

 

Explain to Link that you have asked for these documents and that you need to obtain disclosure and without it you cannot file a defence and will seek an order of the court compelling compliance.

 

When you call link ask for Stephen Southwood-evans or Ross Thomas, these are the guys we deal with, they understand the rules and are approachable.

 

Once you have agreed an extension get a letter on the fax to Northampton County court bulk centre.

 

Tell the court you have agreed an extension and that no request for judgment should be entertained until the date you have agreed

 

It is important you notify the Court of the agreement, if an agreement is reached

[Guest]

angel

 

imo. if you can't get an extension in time, make sure that you submit a defence in time. perhaps as the shadow suggests, also including a request for an order that they comply with your CPR request, and permission to amend your defence accordingly upon receipt? what do you think?

Edited November 13, 2010 by Ford
post crossed with PT's post!

[pt2537]

the only problem there, ford, is the risk that you fall foul of the rules that say the party amending his statement of case or defence pays the costs of the other party.

 

I guess that filing a defence would be ok, however, you will need to amend, and that amendment will need to be prompt but what happens if you dont get disclosure until the later stages when the disclosure by list is ordered, that will lead to a delay where the trial timetable could be placed at risk of slipping

 

The main thing is to ensure the rules are used to your advantage, that is the key in litigation

[Guest]

but if they get permission to amend, wouldn't that negate any poss adverse costs? particularly re the claimants current non compliance with CPR?

Edited November 12, 2010 by Ford
typo

[pt2537]

but if they get permission to amend, wouldn't that negate adverse costs? particularly re the claimants current non compliance with CPR?

 

Well it may do, but the rules provide you a right to apply and enforce compliance with the disclosure obligations, so some judges can take a harsh view, if you dont follow the rules then you ought to pay the costs of not doing so

 

This is the problem

 

I have had counsel argue that disclosure would have meant that this situation wouldnt have arisen and the judges in each case has said thats all very well but the Defendant has left it too long and hasnt been prompt in their actions therefore they will pay the costs of the other parties amendments

 

Dont forget, the opposition will argue most likely that they wish to reply to the amended defence and will be entitled to the costs of doing that atleast, that could be 1k easy

 

 

I always go for an application over defence, but i use the rules properly as they should be.

[Guest]

agreed. but if they need to get the defence in, with no time for an application, then what? i had thought the OP had to get their defence in with no or little time to do an application? also, the claimant is currently in default of a CPR request, so to allow them to claim their costs as a result would be disproportionate and unfair/unreasonable? if they had complied (albeit with shortish notice), then there wouldn't be a need for an amended defence at that stage? OP is also an LiP, which should be taken into account.

Edited November 13, 2010 by Ford