Please Help, Link Financial Court Case

[jadedlife]

Hello,

 

New here so appreciate any help / advice on this.

 

I have received a court pack from the northampton bulk centre from Link Financial for an MBNA CC debt from just under 6 years so unfortunately not Stat. Bar'd.

 

I submitted a defence stating that I had no record of this debt and they needed to supply details. (I can post exact defence later if neccessary)

 

I received a letter from the court stating the defence had been passed on and the claimant would contact me to attempt a resolution.

 

Link have contacting me sending a copy of the original CC agreement (stating they obtained it from MBNA) along with a NOA and a Default Notice from them & also a letter asking me to acknowledge the debt and allow them to ask the court for a judgement for me to sign (addressed to the court)

 

I am thinking that this is a last desperate act on behalf of Link.

 

My questions are:

Where do I stand on this?

 

As they are only assignee's sureley they can't bring legal action without MBNA or is this not the case anymore?

 

Can I ask the court to throw this out on the grounds of not the owners of the debt or do I need to rethink my defence?

 

Should I respond to their letter? If so how and what to say?

 

Regards

JL.

[AndyOrch]

Hello,

 

New here so appreciate any help / advice on this.

 

I have received a court pack from the northampton bulk centre from Link Financial for an MBNA CC debt from just under 6 years so unfortunately not Stat. Bar'd.

 

I submitted a defence stating that I had no record of this debt and they needed to supply details. (I can post exact defence later if necessary)

 

I received a letter from the court stating the defence had been passed on and the claimant would contact me to attempt a resolution.

 

Link have contacting me sending a copy of the original CC agreement (stating they obtained it from MBNA) along with a NOA and a Default Notice from them & also a letter asking me to acknowledge the debt and allow them to ask the court for a judgment for me to sign (addressed to the court)

 

I am thinking that this is a last desperate act on behalf of Link.

 

My questions are:

Where do I stand on this? Have you any other grounds to defend ?

 

As they are only assignee's sureley they can't bring legal action without MBNA or is this not the case anymore? Link are now the owner

 

Can I ask the court to throw this out on the grounds of not the owners of the debt or do I need to rethink my defence? See above

 

Should I respond to their letter? If so how and what to say? Depends if you can expand your defence Disputes with MBNA unfair charges miss sold PPI

defective documents.

 

Regards

JL.

 

Regards

 

Andy

[jadedlife]

Thanks for your reply Andy.

 

Can you please help explain some thing to me, based on what I have read on other posts on here, I thought they needed to go thru novation to become the full owners and could not bring action without MBNA? am I mis understanding this or has something changed recently?

 

Thanks

JL

[jadedlife]

Just thought to add, I say they stated they obtained the cc agreement I mean to say they obtained the copy of the document from MBNA so MBNA still holds the CCA.

[AndyOrch]

Thanks for your reply Andy.

 

Can you please help explain some thing to me, based on what I have read on other posts on here, I thought they needed to go thru novation to become the full owners and could not bring action without MBNA? am I mis understanding this or has something changed recently?

 

Thanks

JL

 

 

An assignment is a transfer of a right or obligation of one person to another. Assignment differs from novation in so much that the parties to the contract do not change - privity of contract still exists between the original parties, so both retain the original rights and liabilities. The consent of the third contracting part is not necessary. So, a party to a contract (the assignor) is able to transfer the benefit of a performance he is to receive under that contract to another person (the assignee) who is able to enforce performance in his own right, without the consent of the other party (the debtor).

Regards

Andy

[AndyOrch]

Just thought to add, I say they stated they obtained the cc agreement I mean to say they obtained the copy of the document from MBNA so MBNA still holds the CCA.

 

If the Claimant is Link then the debt is now theirs (beit equitable or legal) Its not unusual for the original paperwork to be with the OC as in most cases only the deed of assignment is enough for them to litigate on the matter.

[jadedlife]

need more posts 9

[jadedlife]

10

[jadedlife]

11

[jadedlife]

Maybe I was mis informed as I thought they couldnt bring action on equitable assignment.

 

Thanks for the clarification Andy.

[postggj]

Did link send you a formal notice stating

 

pay up in x number of days or a court claim will be submitted withouit further contact or some thing similar

[jadedlife]

Unfortunately I moved a while ago and so not all my mail has been getting to me, the court claim form was sent to my old address and forwarded to me by new occupiers.

[AndyOrch]

Maybe I was mis informed as I thought they couldnt bring action on equitable assignment.

 

Thanks for the clarification Andy.

 

The problem is how do you know if its Equitable or Legal ( I would assume legal if their name is on the summons as Claimant)

Until proper notice is given, only an equitable assignment has taken place. An equitable assignment differs from a legal assignment in that where there is a legal assignment the assignee can bring an action (e.g. for recovery of a debt) in its own name against the borrower. On an equitable assignment the assignee would need to join the assignor as a party to the action before an action could be brought against the borrower. Alternatively, notice would have to be served in the correct manner before an action could be brought in the assignee’s name.

 

I trust that clarifies, try not to get to drawn into this matter and concentrate on any defence.

 

Regards

 

Andy

[jadedlife]

From what I have read on other threads, Link are a bunch of chancers who dont exactly play by the rules so I just assumed they were chancing it with me.

 

Is there anyway to find out if the assignment is equitable only or legal?

I read somewhere that they have to prove that proper actions have been taken and also prove that I have received certain letters etc is this not the case ?

 

Sorry if this is going over old ground.

[AndyOrch]

You should ease your mind in the knowledge that that they have the correct documentation and rights to enforce/collect by way of

CPR requests, hence my statement in post no 2 ( defective documentation) and of course they have followed Pre Action Protocol LBAs Default Notices Notice of Assignment etc. which I note from your first post they have complied.(or they think they have)

 

Hence their request to ask you to allow Judgment in their favor. Are you content with what as been disclosed?

 

Regards

Andy

[jadedlife]

Andy, Thanks for all your excellent advice on this.

 

I guess Im just a bit baffled by all this, and wrongly assumed I was in the same boat as other threds on here and had an easy way out.

 

I had never heard of Link until this Court claim arrived but I guess they have been sending all their documents to my old address.

I wrongfully assumed that Pre Action Protocol meant they had to prove I had received these documents ortherwise they only had an equitable assignment.

As for being content with what has been disclosed I only have their word for it that this is what was originally sent so no not really, had I received a threat of action I may well have avoided it by offering a payment plan, but hindsight is a wonderful thing.

 

Ok I will see what I can find by way of a defence. Any pointers on this would be hugely appreciated.

 

Thanks

JL

[AndyOrch]

Why not scan in what you have received (less any figs and identifiable) then we can eradicate this element from your defence.

Also a copy of your defence submitted and a copy of their P.o.C verbatim.

 

Regards

 

Andy

[jadedlife]

need 5 more posts to upload ...

[jadedlife]

.. 4 ..

[jadedlife]

.. 3 ..

[jadedlife]

.. 2 ..

[jadedlife]

.. 1

[jadedlife]

ok I have uploaded all the scans here .. (hope it works)

 

http://s1210.photobucket.com/albums/cc403/jadedlife1/

[AndyOrch]

Hi Jaded firstly name left on Link letter 080611 you need to edit it.

 

Have you ever received a DN from MBNA?

 

 

Andy

[postggj]

What was the date you first requested a copy of rthe agreememt from link and have you made any payments to link

 

i stil do not see any letter before acton to address pre action protocol:-)