Please Help, Link Financial Court Case

[jadedlife]

postggj - thanks for joining thread. I sent a CCA request upon receiving the court claim form from them.

 

And no havent ever made any payment to them. (Only became aware of them thru this claim)

 

Altho something strange to note on the statement they have sent me they have put the following two entries on the same day, despite my accompanying letter stating that the cheque was only to be used for the CCA request.

 

Just out of interest what are the rules concerning Pre Action Protocol?

 

Thanks

JL

 

"Recoverable charge Section 77/78 request (SEC)" debit £1

"Cheque payment xxxxxxx Account no xxxxx sort code xxxxx" credit £1

[jadedlife]

Andy,

 

Thanks for the tip on the name on letter.

 

With regards to DN from MBNA? Unfortunetly this goes back nearly 7 years to when I lost my job and ended up in the mire so cant really recall exactly what was received from them but I would guess that I did receive something from them, is it worth CCA / CPR'ing them which ever is the correct one?

 

Also for reference here is the basis of my defence. (its a bit of a fudge taken from another debt forum site)

 

"No documents supporting the claim in the particulars have been offered nor have any dates of agreement or account numbers been stated which the defendant needs to establish what agreement it is that this action is based upon and so the claimant's claim appears without merit as a result, the claim as pleaded does not contain sufficient particulars to permit me to file a properly particularised and pleaded defence I have made a request for disclosure, pursuant to Part 31 of the Civil Procedure Rules, to the Claimant to allow me to properly respond to the claim The Claimant has failed to respond to the Part 31 request. It is Not admitted that I signed any agreement with MBNA Europe Bank Limited If, which is not admitted, such an agreement exists the precise terms and date of any such agreement are not admitted I do not have in my possession any such agreement and am not therefore able to comment thereon The Claimant is put to strict proof as to the date and terms of such agreement. It is averred that if any agreement did exist that the aforesaid agreement would be a regulated agreement within the terms of the Consumer Credit Act 1974 the Act It is not admitted that any alleged Agreement is enforceable within the terms of the Act As I do not have a copy of the said agreement the Claimant is put to strict proof that the aforesaid agreement was properly executed and has been enforceable at all times since its inception. It is averred that before Proceedings may be commenced the Claimant or MBNA Europe Bank Limited must have served myself with a valid Default Notice complying with the provisions of Sections 87 and 88 of the Act and the Regulations made subsequent to that Act. It is not admitted that any valid Default Notice was ever served upon me and the Claimant is put to strict proof. It is not admitted that any alleged agreement was lawfully assigned to the Claimant. The Claimant is put to strict proof that such a lawful assignment took place, without this proof, the Claimant has no standing before the court If, which is not admitted, a lawful assignment to the Claimant did occur it is denied that sufficient notice as required by the Law of Property Act 1925 was served upon myself The Claimant is put to strict proof as to the content and the manner of service of the alleged notice. Further and in the alternative if, which is not admitted, an enforceable agreement is in existence, it is not admitted that any or all of the monies claimed are lawfully owing The Claimant is put to strict proof as to how the sum claimed has been calculated and as to how the sum claimed is lawfully owing. Further, it is denied that any alleged contractual account charges and any interest applied thereon which make up any part of the sum claimed are lawfully owing in that it is averred that these sums would have been claimed pursuant to an unfair contract term and in addition are in breach of the general law. It is averred that any account charges that are claimed are in breach of the common law in that they are a penalty and that they do not reflect any actual loss or the true extent of any costs incurred by the Claimant and are therefore void. In any event and pursuant to the County Courts Interest on Judgement Debts Order 1991 the claim for interest pursuant to Section 69 of The County Courts Act 1984 is denied. Further and in any event in view of the failure to comply with the CPR Part 31 request it is denied that the Claimant is entitled to costs as claimed. Without admission that any cause of action is shown by the Claimant it is denied that I am indebted to the Claimant as alleged or at all.

Sorry its a bit long.

Regards

JL

[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

[jadedlife]

Andy,

 

I have added the copy of the agreement they sent to my pictures, the t&cs where sent with it.

 

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

 

Ok thanks DSAR to MBNA, will look that up and get one sent asap!

 

Thanks

JL

[jadedlife]

Andy,

 

Sorry quick question, as a SAR can take up to 40 days, should I write to Link to ask for time to do this?

 

Regards

JL

[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

[Cadbury1879]

Hi

Been down this route,

Have you sent a SAR to MBNA.

Did you have PPI , charges.

Keep fighting,Link are serious low life's.

 

Regards

Cad

[underdog13]

Any updates on this, Cad?

[jadedlife]

Sorry for the lack of updates, but heres whats happened recently.....

 

 

I received a letter from the court telling me that the Claimant (Link) would be in contact and that they proceedings will be stayed unless they (Link) choose otherwise. - Great!

Then received a letter from link offering me a Tomlin order with some statements (some from them / some from MBNA) along with another copy of the same agreement as before (same T&Cs), to which I replied stating that they had failed to comply with my SAR request as they had not provided the full T&Cs...

 

Everything went quiet for months, until last week I received a letter with another Tomlin order for a further reduced settlement but with a threat that if I dont take the Tomlin the will proceed with the legal ....

 

So not sure where I stand now .... ? any suggestions ?

 

Regards

JL

[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

[underdog13]

One thing to consider, if you do take the Tomlin order, Link cannot get a charge on your property unless you voluntarily agree to it. No CCJ, no charging order.

[Cadbury1879]

Hi

What's the actual terms of the Tomlin order, how much are they asking for, monthly payments??

I accepted a Tomlin Order, right or Wrong .

Pay a monthly amount, avoided a CCJ & potential Charging Order.If I default on payment little to stop CCJ etc.

It's entirely up to you , and the terms , if you continue to defend, they may well go away or decide to fight it out in court and hopefully lose.

I wish you the very best of luck & if I can help in any way please ask.

Cad