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

[AndyOrch]

Normally the DN would be issued after the 3rd missed so lets assume it was issued July 04 - Sept 04 If at all ever issued.

They may be manipulating the DN date to fit the claim and get around the SB problem.They may never have recorded it until a later date

but irrespective of that you can prove the last payment date so it runs from then and is in-fact SB.

 

Wait for non disclosure now and then strike them out.

 

 

Andy

[Undercover-Elsa]

I thought a random payment was actually made by Gixxer by credit card on 16/09/05 which stopped the clock, but as it was already in breach no need to add a month for next payment, so clock started ticking again on 17th September 2005 by my reckoning. So unfortunately looks to me like they just got their claim in in time to prevent the SB defence.

 

However, they ain't found the docs yet so the fat lady isn't even on stage....so fingers crossed for non disclosure and a strike out as Andy says.

Edited September 21, 2011 by Undercover-Elsa

[Gixxer UK]

Ok bad news I have recieved a Witness statement from Link this morning, but still doesnt clear things up. I will Post the pages in a minute once I have Pdf'ed them!

Edited October 1, 2011 by Gixxer UK

[Gixxer UK]

Ok here there are I hope you can help. I will point out that only one of those agreements relates to this cliam the Flexiloan one, the other is very much history.

Link WS 1-10-11.pdf

[AndyOrch]

A WS in relation to what? an application for SJ?

 

Andy

[Gixxer UK]

Not to sure really andy. looks like this is there response in relation to the Order of the N244 form.

[AndyOrch]

I cant decipher it Gix only half the width.

[Gixxer UK]

hang on my pdfprinter has created them wrong! only can see half pages! grr

[Gixxer UK]

pdf link 1-10-11 A4.pd.pdf I hope this one works!

[AndyOrch]

Yes WS in response to your application to disclose.Which they have but hang on, is this a current account and a credit (card/loan)?

Still no default notice and no mention of SB?

 

Andy

[DonkeyB]

Getting confused now.

 

If it’s credit card debt, you have the protection of s 87 and they MUST issue a default notice to take action.

 

However, their letters and WS indicate they are not simply claiming arrears. Therefore a DN would be a prerequisite to litigation.

[Gixxer UK]

As far as I am aware its for a flexi-loan account and according to Abbey its a "unsecured personal loan account" I have that on there letter from the SAR. its not for the Credit Card account as thats SB and doesnt exist in Abbey/santanders files any longer. The bank account they refer to is a completely different account number to what they have bought from abbey back in Oct 07. The account number Abbey has on file to which this claim matches is the flexi-loan account or as they say "unsecure personal loan". Hope this helps to clarify, because Link are slowly confusing me now!

[DonkeyB]

Well, IMO, if it’s a loan regulated by CCA 1976, a default notice would be required before any legal action could be taken, except when claiming arrears. Which they have stated they are not.

[Gixxer UK]

Ah Ok. So where does this leave me now, in relation to any form of defence? If they are above board on everything and have complied with the Order etc? Thanks for your responses on this one as I know its very confusing as I am tyring to sort out whats what myself.

[DonkeyB]

Part 18 request for the DN.

[Gixxer UK]

Ok I have found a template for a Part 18 request just need some help with what to put, or should I say how to word the requested info from them as I would also like to know what the bank account and credit card account have to do with this claim? Thanks

[Gixxer UK]

Just reading through other threads in relation to Part 18. And as I see it Part 18 is for information purposes only not the request of documents? Or am I way of track here? Thanks

[Undercover-Elsa]

It is for info. The trick is to get them to refer to any documents you need. Once they've mentioned them in your response, THEN you can request them via 31.14.

[Gixxer UK]

Ah right so i would say" 1.I request to inspect the Default notice to this account." or do I have to word it differently? I am currently reading Part 18 and direction 18!

[Gixxer UK]

Ok could you please read through this to see if I am on the right track as I don't want to mess now at this stage, else I may as well wave the white flag! lol Thanks

 

Please answer the following questions:

1. Please clarify to which account agreement this claim relates.

2. Please provide account numbers of both to help with clarification.

3. Please clarify if the Default Notice exists with relation to said account.

4. If a Default Notice exists to what level.

5. Please clarify at what date the Default was registered with reference agencies.

[Undercover-Elsa]

Hi Gixxer,

I would have thought something more on the lines of:

 

1. Please clarify the type of account to which your claim relates, and the relevant account number,

as the description in your Particulars of Claim differ from the definition of the account by Santander.

 

2. Please clarify whether the account is an agreement regulated by the Consumer Credit Act 1974.

 

3. Please clarify whether a formal Default Notice was issued under section 87 of the Consumer Credit Act 1974,

upon what date, for what amount and whether issuance was noted in the communications log.

 

4. Please state the date of the last payment on this account.

 

 

See what the others think, then get it sent by Special Delivery to the address on the POC for Link, giving them 7 days from receipt to respond.

 

Elsa x

[Undercover-Elsa]

PS: Gixxer have you checked the comms log in your SAR for the period you should have received a Default Notice ie after you stopped making your regular payments? Any mention of a DN?

[DonkeyB]

You've got it - CPR 18 allows you to ask questions for clarification. Anything mentioned in their answers can then be demanded. The key questions should be about whether the account was regulated under CCA, and if so, was s 87 complied with to allow recovery action. If they say yes, demand all the docs. Elsa knows her stuff.

[Undercover-Elsa]

Why thankyou DonkeyB...When I know as much as you I'll be happy, LOL.

 

Just rereading the POC, note the clever wording, meant to deceive " a default was recorded " where normally it should say "a default notice was issued".

 

How slimy they are.

[AndyOrch]

Why thankyou DonkeyB...When I know as much as you I'll be happy, LOL.

 

Just rereading the POC, note the clever wording, meant to deceive " a default was recorded " where normally it should say "a default notice was issued".

 

How slimy they are.

 

Otherwise known as an evasive Statement of case:wink:

 

Andy