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link financial got CCJ on old bank debt - now warrant issued


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id be very gratefull for any help in my situation with link financial who are hounding me...

im a single mum with 3 kids...

 

in about 2002 i got in trouble with my bank. last year out of the blue i get calls from link saying they bought the debt..

now adding up to 5000 pounds..

 

i told them i disputed the debt as it was impossible for me to owe a huge amount like that.

 

then out of the blue this weekend i get a letter from northhampton county court

sayin link has a judgment against me by default and im to pay 300 a month..

 

i cant pay as im on benefits and a single mum

 

.ive looked at my options and setting it aside will cost me 75 pounds which i havnt got

i think the debt was statue barred as i havnt aknowledged this debt since 2002..

 

link didnt put this debt into default till 2004 and they say it stands..

cheats....

 

they are threatening bailiffs to remove my goods which scares me as im solely responsible for the kids

as my husband has left us high and dry and wont pay anything...

 

ive been ill over money worries and have been diagnosed with high blood pressure and panic attacks..

 

any help will be appreciated xxx

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did you ever recieve a court pack? if not you need to get this set aside, also can you confirm that no payment or acknowldgemnet was made in the past 6 years

PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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I have seen this a few times recently, LINK getting these judgements by default, but how can they get anything if no papers are ever served to the defendant.

If they are deliberatly sending them out to the wrong address to ogtain judgement by default, then making contact on the correct address, surely there is some legal redress for this behavior,

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How can this be legal. Surely if they deceive a court. ie sending the inital court letter to the wrong address, then they are liable to be prosecuted by the court themselves.

 

On the claim form they submit, the address is put on it where it is to be served. The court then send out the forms stamped and dated. Bear in mind that there are 3 copies if it is small claims, 1 to go to link, 1 for the court file and 1 for you. Also will be on there a court case number. Ive had to go through the small claims court system myself chasing a debt, and I know that they will have to have the forms correctly filled in, as they are signing to say the information is correct.

 

It seems Link (who I am having issues with) seem to go around the law system quite a bit. Im also wondering how a court can issue a default sum without your income and expenditure.

 

Other caggers here can advise, but my advice would be contact CAB, and the Northampton Court for some strong advice ASAP. If everything checks out and they have done it frauduently, report them to the OFT. Hope you get it sorted out, keep us all up to date :)

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Download form N244 from here: http://www.hmcourts-service.gov.uk/courtfinder/forms/n244_e.pdf

 

Download form EX 160 from here: http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_web_1010.pdf

 

Then:

 

In section 3 you are asking the Court to make the following order: (put see attachment 1 in box then print this with case number and mark it attachment 1)

 

 

 

xxxxxxxxxx attachment 1 xxxxxxxxxx

 

To set aside judgment number XXxxxxxxx issued in the "name of Court" on the XX/XX/2011.

To establish whether the claimant has any lawful right to action in this claim.

 

My reasons for making this application are as follows:

 

1) I did not receive a claim form in respect of these proceedings despite the claimant having been in contact with me since month 2010.

2) In the event that I had received a claim form I would have defended the entire amount claimed against me.

3) The cause of action for this claim accrued with the original creditor in 2002.

4)The last acknowledgment as defined in The Limitation Act 1980 by myself on the account for which the claimant has entered claim was in 2002 thus it is denied that the claimant had any lawful right to action as the six year period set out for the commencement of action within the limitation Act 1980 had expired by some two years and more prior to the claim being commenced.

5) Before or upon being told that this account was "statute barred", the claimant has brought backwards the date of the original cause of action as registered by the original creditor to a date some two years later in 2004, the date upon which the claimant registered a default aginst me. That this constitutes an actionable offence under The Data Protection Act 1998 has not escaped my notice. (Having not received the claim form I am unable to ascertain whether the claim was even commenced within the six year period beginning with the manipulated 2004 date).

6) Having not been served with the claim documentation or any related documentation or even any proof that the claimant has title to the account or that the sums claimed are reached lawfully I am unable to either admit or deny any other part of this claim except as expressly admitted or denied within this application.

7) I state hereby that the claimant had this account for a number of years (believed to be between 2004 to date) and made no attempt to contact me until 2010.

8) I state hereby that with reference to 7) above I made no attempt to conceal my whereabouts during this period.

9) The claimant specializes in tracing people and has access to a vast array of search resources for the purpose

10) Since I aver that the account claimed upon is barred from enforcement action by The Statute of Limitations 1980 and this in itself is a complete defence to any action raised against me subject to Sec 32 (which in the absence of any allegation of fraud and in light of the facts set out in 7,8,9 above ) which I do not feel can possibly be applied, in the event of this judgment being succesfully set aside I believe that an early judicial assessment of my averrment that any debt is barred by the Statute of Limitations 1980 would be in all parties interests and would be the best use of the Courts resources. To this end I have attached a draft order to this application and I respectfully request that this order be granted.

 

 

xxxxxxxxxxxx end xxxxxxxxxxxx

Tick box 4 yes!

 

xxxxxxxxxxx Attachment 2 xxxxxxxxxxxxx

 

In the "your court

County Court Claim No xxxxxxx

 

between: Liars Financial claimant

 

You defendant

 

1) It is ordered that the judgment of xx/xx/xxxx be set aside.

2) It is ordered that within 28 days from the date of this order the claimant provides documentary evidence to the Court and the defendant that any right to action in this claim is lawful and not barred by The Limitation Act 1980. To this end the claimant must file and serve the following:

a) Documentary proof of the date when the cause of action originally accrued, such proof to originate from the original creditor.

b) Proof of the defendants acknowledgments of this debt between the date proven in (a) above and the date of the claim, either by payment or in writing and signed by the defendant as defined by The Limitation Act 1980.

c) Proof of lawful assignment under the Law of Property 1925.

 

Upon receipt of all such documentation or the expiry of the period of 28 days the Court is to assess the claimants response and make a ruling as to whether to stay the claim further, permit the claim to proceed or to strike out the claim using the Courts powers of management under rule 3.4(2)(b).

 

xxxxxxxxxxxx end xxxxxxxxxxxxxx

Edited by Jasper1965

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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  • 2 months later...

im wondering if some kind soul could give me advise...

to cut a long story short link have a default judgment and i have a ccj for an old
Abbey
link3.gif
national debt in 2002.

 

to be honest ive buried my head in the sand with this due to depression. marriage broken down etc.

 

im a single mum to 4 on income support on medication for depression high blood pressure and asthmatic.

 

the monthly amount 291.77 which no way i can pay

got a letter the other day notice of
warrant of execution
link3.gif
whatever that is

saying
bailiff
link3.gif
is visiting if not paid by 5th may...

 

im not bothered they can take what they like as i have nothing of value..

infact im at rock bottom the only thing stressing me is my brother has loaned my 13 year old daughter a computer as her laptop broke...

 

this is for her schoolwork and he wants it back as soon as i can afford to get her laptop fixed..

 

any advise i would be gratefull for

 

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You will most likely be classed as vulnerable under the National Association of Enforcement Agency guidelines 2002, you do not have to let the bailiff in, he is an accomplished liar, cheat and bully.

 

he cannot at this stage force entry, call locksmiths, brig down Godzilla, to get in. He cannot take furniture that is "ESSENTIAL" to your household like taking all the chairs and tables, beds etc. Childrens toys and their games consoles and a computer used for education or work is also exempt.

 

Do not worry this can be sorted, others will be along soon to give more advice.

 

 

Don't let the bailiff in, he is relatively powerless then, if he calls try to talk to hiim through the letterbox, or from an upstairs window.

If you talk on the phone to him try to record the call if you can THEY HAVE SELECTIVE MEMORY LOSS. If you could film him with a video facility on a phone or camcorder when/if he visits that would be good also, it is not illegal in spite of whatever threats he makes if you do film him.

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urh!

 

what is a bailiff doing with a bank CCJ?

 

you SURE its not some tinpot DCA ....

 

whats the name of the bailiff co.

 

as for the lappy

 

i'd gladly help you get it going foc!

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It will be a county court bailiff executing the warrant, perfectly normal when a CCJ hasn't been paid.

 

Do you know when the CCJ was registered and when you made the last payment to the Abbey account.

 

You should apply to the court on an N245 to have the warrant of execution suspended and make an offer of payment you can afford. I have affixed an N245 to this post.

 

There is normally a fee of £40 to pay when you enter the form at court, but if you are on benefits then you will most likely be exempt. I have affixed the court fees leaflet so you can check if you are indeed exempt.

 

County court bailiffs are much easier to deal with than private bailiffs. In most cases they can be quite helpful and when you take the form into the court the staff are usually polite and helpful, so don't be afraid of going there. Can you get the form to court before the 5th?

 

If you need help with completing the form please let me know.

EX160.pdf

n245_0204.pdf

ex160a court fees.pdf

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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many threads merged

 

please keep to ONE thread per debt please

 

dx

siteteam

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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thanks for all the advise.. ive never paid one penny of this debt which ive always disputed.. i requested proof and was sent an application for credit.. i know i owe some money but not 5000 pounds .. link has added charges to this old debt . i cant understand how they got a judgment for a 2002 debt.

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You need a plan of action for tomorrow:

 

1 - do you have a copy of the CCJ? If not ring Northampton and ask them what address everything has been sent to and would they forward a copy to you.

2 - As others have said if you knew nothing of this originally then you may apply to set aside & if on certain Benefits this will be free. Get working on the N244 now.

3 - Who has said the Bailiff is coming - if from the Court then ring and ask to speak to them. The County Court Bailiff is a much more amenable person than those who collect Council Tax etc. Remember even the Court Bailiff has to gain peaceful entry and if you deny him there isn't much he can do. Also get working on the N245 to suspend the Warrant if it has been issued.

4 - If the threat of the Bailiff is from Link then I would imagine they are trying to frighten you and have not actually instructed anyone yet.

 

Take things a step at a time and try not to worry. Easier said than done but there is a lot of help for you here.

 

PT

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