Link Finacial County Court papers from a debt not registered on CRF and could be Satute barred

[Gixxer UK]

Hi I have started a thread in general debt issues but I think it could be in the wrong place! So I will post here for some help! I have a been chatting in that forum and any info is on there to save a complete repost.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?313338-Link-Finacial..Out-of-the-Blue

 

Thanks

 

Re: Link Finacial..Out of the Blue...

Ok! Here goes recieved CC Paperwork today, with no other paperwork from link other than a letter stating they have added

interest

from 12/11/2007 to 10/08/2011... and a litigation charge of 130.00. I still am waiting for

SAR

from

Santander

Ltd...sent on the 19th july 2011 recorded delivery...I am going to dispute the claim so I will need help with the defence section if anybody can help out that would be great! They have filled the particulars of the claim as follows :-

 

The Claimant claims the whole of the outstanding balance due and payable under the terms of bank account referenced (never had a bank account with abbey!! Had a rolling loan if I recall??) and opened effective from 12/7/2002 with abbey National plc. The defendant failed to make payment as required and by 16/09/2005 a default was recorded. As at 12/11/2007 the defendant owed abbey national plc the sum of 4059.24. By an agreement in writing the benefit of the debt has legally assigned to the claimant effective 12/11/2007 and made regular upon the claimant serving a notice of assignment upon the defendant shortly after. And the claimant claims:- 1. 4189.24 2.interest in pursuant of section 69 CC act(1984) at a rate of 8% per annum from 12/11/2007 to 10/08/2011 of 1166.52 and thereafter at a daily rate of 1.17 to date of judgement or sooner payment. Date 10/08/11 Northampton bulk centre CC.

 

Any Help welcomed! thanks in advance!!

 

 

 

Edited August 14, 2011 by Gixxer UK

[Gixxer UK]

Just a quick update of where I am at..

 

Found an old equifax CRF (13/11/2004) on my old PC, shows clearly the last payment was June 2004.

On my new equifax one it shows the same but then a default registered in sept 2005? I am a bit confused here!

 

I have sent my Acknowledgment of service back to NCCBC stating I will defend.

 

Sent a CPR31.14 letter (recorded to Stink financial) along with the Statute Barred letter.

 

Still Awaiting SAR return from Santander Bank.

 

I also used CPR15 for more time to enable my SAR to get here does that seem right?? Of course thats if they agree!!

 

Cheers

[Magnum]

Hi can I just ask did you receive a letter from Link first advising that litigation costs had been added prior to receiving court papers. As my husband received a letter on a statute barred MBNA debt which we disputed with Link about 4 years ago. They have not sent any court papers but the debt has had around £2000 added on to it?

[42man]

Here is your defence..... -

 

1 The Claimant's claim was issued on (date).

 

2 The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

I BELIEVE THAT THE CONTENTS OF THIS DEFENCE ARE TRUE.

 

Signed:

 

Dated:

 

If you really want to go further with this then have a read here.....(please stick to the timetables with regard to the claim too) - http://www.consumeractiongroup.co.uk/forum/showthread.php?162456#post1744862

[Gixxer UK]

Thanks 42man!!

 

heres some more to the saga!!

 

Today I checked my equifax and they have re-registered the default in feb 2006?? When on there POC it says 16-9-05 in default also on an old equifax one says same date....What can I do about this company as there surely breaking some rules/laws?? I am still waiting for them to respond to my CPR31.14 request...still nothing..I also sent a statute barred letter again no response....Oh and as for SAR to santander still waiting again.....I have an old copy of my CRF to use in evidence if so needed! What do you guys think?? I am getting worried as I don't need a CCj registered against me at the moment!!

 

what a nightmare!

Edited August 19, 2011 by Gixxer UK

[Gixxer UK]

and in response to Magnum..I had it on a letter with the CC papers they haven't won yet so not sure how they can add this charge upfront. You may find that thats there interest rate at 8% and a bit more to boost there bank balance. They are a bit rubbish and seem abit clueless....lets hope this goes well for me as it maybe a lesson to them to stop chasing Statute Barred Debts.

[Gixxer UK]

Linklettertostatutebarred.pdf

 

Hi received this today...

 

The "cause of action" is from your last payment or acknowledgment isn't it not the time they defaulted the account? As its now got me really confused!

 

I still have had no proof from them and am awaiting there CPR 31.14 deadline Thursday 25th August. I have until 12-9-11 to file the defence so I am waiting to see what (if anything) appears from Link and Santander ltd. I will then use the defence above to sort this one out as without proof how can they go to court in the first place?

 

Your Thoughts appreciated!

[DonkeyB]

So they say:

 

“Thank you for your letter dated 15.08.2011. We refute that the account is statute barred. The cause of action in this instance commences from the date of the default on 16.09.2005 OH NO IT DOES NOT. THE DEFAULT DATE IS NOT THE CAUSE OF ACTION – IT’S RELATED TO THE LAST DATE OF PAYMENT OR LAST WRITTEN ACKNOWLEDGMENT and not the date the account was opened on 12.07.2002. We are proceeding with legal proceedings against you. OK THEN – MAKE OUR DAY. YOU WILL LOSE. YOU HAVE BEEN ADVISED IT IS SB AND STILL YOU CONTINUE – THIS IS VEXATIOUS AND PROBABLY HARASSMENT

 

 

They also confirm the default date as 16/9/05 – so they have no excuse for recording a later date with the CRAs and you have a slam-dunk case against them for reporting false data. The fact that it took the OC ten months to register a default is also unfair, but irrelevant to your case.

 

Are you absolutely sure about the last payment date? If you are, point the above facts out to them and quote the OFT debt collection regs at them re SB accounts.

[DonkeyB]

Moreover, their letter is deliberately misleading and does not state the true legal situation. This is another offence. Complain strongly to the OFT and Trading Standards about these evil shysters.

[Gixxer UK]

My thoughts exactly donkeyB!

 

Its definatly statute barred as I had a clear up on my experian CRF, and the account on there has been removed (last july to be true!) as its over 6 years since the default date etc. I think they have been re-registering the default on equifax to keep it on file. They are indeed Shysters!!

[Gixxer UK]

Right I have my SAR in my hand from santander! No termination notices, no default notices just a CCA with some terms stapled to the form. The Statements of account are a bit miss leading though...and make no sense!! Things really don't seem right here! I made the last payment on 16/08/04, now there are payments made that aren't on my bank account statements (which was closed by lloyds jan 05), or my wifes statements (I use her account for my wages etc) either...to DMO CARD PAYMENT?? starting from 08/09/04 to 16/01/2006. They also show a draw downs from the account but after 2004 I never used it FACT! on the default date link are claiming there are payments shown throughout 2005 to DMO? (whatever that is!) I am a bit confused now as my bank account clearly shows no payments of the amounts or from my wifes account, nothing! I think I am being stitched up.

[DonkeyB]

Can you post up the statements?

[Gixxer UK]

Right here they are!

 

The one page is a monster so be warned! For some unknown reason it didnt convert very well! I am going back down to the bank tomorrow with £10.00 in hand to see if they have any more info on any other account I may have had, but in all fairness its pretty slim as I know what happened to my account so was using the wife's one for everything.

DSCF1495.pdf

DSCF1493.pdf

Full page fax print.pdf

[DonkeyB]

DMO – Debt Management Office? Implies that someone has contacted you and taken a credit card payment or similar. But some later payments are no marked DMO. Weird.

[Gixxer UK]

indeed DonkeyB! I have checked the dates with some old Credit card statements aswell...nothing on them! At the time there saying these payments were made I was up against a wall (own business) with next to no cash available! I found a letter I wrote to Cahoot on 3 Sept 2004 asking to write off the debt due to hardship. Maybe thats why nothing has been recorded on CRF?? This is just strange... Hand on heart I never made those payments from oct 2004 - jan 2006..and I am pretty sure no one else made them for me! There is no termination notice, default notice either? does that mean stink are illegally chasing the debt?

[DonkeyB]

You have to get to the bottom of this with the OC and demand they check this. Ask for evidence and details of the payments.

[Gixxer UK]

Will do!

 

Is there a letter template to send as I have already used the SAR on them? Or should I just call Santander and ask for evidence of payments i.e last four digits of card or account alleged DD/payments were from? Its looking bad from this angle now...as I have a signed agreement? If they don't respond to the CPR31.14 within 7 days, do I then send a N244 form? not really sure what to do now.

[Undercover-Elsa]

Hi,

Initially as time is ticking away I would get on the phone to the office who issued the SAR and simply ask them to explain what DMO card payments are and what "transferred to MTA (DMO)" means. Ask them to confirm the source of the payments as you have no recollection of making them. I wonder if it's some sort of internal accounting, appropriation or charge off. If at all possible record the call.

Once you have their answer ask that they confirm it in writing as a matter of urgency. They should, after all, have included a guide to abbreviations in with your SAR.

 

Elsa x

[Gixxer UK]

Hi Elsa,

 

I rang them today and tried to be as sheepish as possible but I still managed to get no answer from them what " Transfer to MTA" meant! I recorded the converstation and it seems as if she was just trying to get me to aknowledge the debt. I tried to play it cool, but now I am worried I have just started the 6 year clock again... Does it matter as its now going to court?

[Undercover-Elsa]

Only a signed acknowledgement or payment by you can restart the clock.

[Undercover-Elsa]

In that case, send the a part 18 request asking:

 

According to statements relating to this alleged account, payments noted as "DMO card payment" were made into the account between the dates of xxxx and xxxx following a note "Transferred to MTA (DMO)". I have no knowledge of such payments therefore please clarify:

1.The meaning of "DMO card payment"

2.The meaning of "Transferred to MTA (DMO)"

3.The precise nature and source of the payment eg internal accounting, payment by individual, offsetting etc

4.If an individual, The account name, reference number, bank and method of payment.

 

 

You can add any other valid queries too. Send to sols by next day special delivery and give them 7 days to respond.

 

I've attached a compendium of useful info from the legal threads...a part 18 template is in there.

 

Elsa x

pt-legal issues-compilation.pdf

[DonkeyB]

Don’t call Link – call the original lender!

[Undercover-Elsa]

OH no!!...It wasn't Link you called was it? You needed to speak to the data control office at the OC..the SAR issuers.

[Gixxer UK]

No it wasn't link! :jaw:it was santander? PHEW!! Do I send the cpr18 to OC?

 

Oh and still no docs from link under CPR31, I will give them till Tuesday as they were signed for on 18th August...

Edited August 26, 2011 by Gixxer UK

[Undercover-Elsa]

No - it goes to the solicitors named on the claim form. Have a good read of the attachment.