Please Help, Link Financial Court Case

[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

[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.

[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

[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

[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

[AndyOrch]

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

 

Have you ever received a DN from MBNA?

 

 

Andy

[AndyOrch]

Good morning Jaded.

 

Ok where is the actual CCA (agreement) I note you have uploaded a set of T&Cs.

Have you done a DSAR to MBNA? Original statements and paperwork? This would provide the information re any original DN.

On the Claimants DN, which requests the full balance (not arrears) they state you are in breach of 1b and 8 of the agreement

if you refer to the T&Cs they have provided, there is no 1b and 8 refers to something completely different (cash advances I think)

so the T&Cs provided are nonsense.

 

If no actual CCA as been provided as yet , and the T&Cs are the wrong ones then your section 78 request remains unfulfilled and therefore the Claimant is

still in default of said request.

 

Regards

 

Andy

[AndyOrch]

You are approaching time to submit your AQ hence Links request for you to pull your defence out.They have to pay an allocation fee to submit theirs.

40 working days will pass quite quick and by the time the claim process requires your next attention you should be in receipt of said information.

Normally you submit your request for information vis a vis CPR as you have stated in your defence.You have seen so far Plinks standard of disclosure:roll:

 

DSAR goes to the OC.

 

Andy

[AndyOrch]

Hi Jaded

 

My time flies, ok the scenario here is the claim as been stayed for 8 months they don't wish to submit an AQ (for whatever reason) Is the further reduced discount of interest?

 

Regards

 

Andy