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


Gixxer UK
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Oooooh Noooooo ok Gix you need a copy of that WS.Ill get your thread changed back:-x

 

Andy

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Thats the one DonkeyB! I am gutted. Never mind I am not giving up yet, as they still now have to respond to my Part 18 request. Today or tomorrow, and as the post has been it may well be tomorrow but I doubt it as the DN no longer exists. Ah well here I go again! Gonna need your help a bit more chaps and Elsa, before any Oats or Virgins are brought to the party! ;-) With that in mind what about the time for me to file a defence? Because they said it has been refered to the DJ, to see if the case continues?? :-/

Edited by Gixxer UK
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Hi all, any ideas on what to do with that response from LINK in relation to my PART 18 in the above post? I also rang the court again and they said that there witness statement is still with the DJ, I asked again about the time for me filing a defence, and she said that once the DJ has looked over the WS to see whether the claim continues or not then a letter will be sent to both parties on the outcome? I am still none the wiser of defence deadline...any advice, as still at a loss with LINK and the Part 18.

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Gix can you type out the Order of the 20th Sept by DJ verbatim when you get chance.

 

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Andy

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So they have only disclosed a section of the agreement and backed it up with a WS to get round not being able to disclose everything you requested.

Therefore they have failed to comply with the DJ order of the 20th and therefore should still be struck out.Lets see what the DJ decides on the next course of action

and if not favorable then pursue the CPR 18 with further application.I hope the DJ can see through their veiled attempts to hash a claim together on a single sheet of paper, and even thats incomplete.

 

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Andy

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Simply means its been transfered to your local Court, probably to hold a CMC if the DJ as accepted the WS and disclosure.

Wasn't you to file a defence 14 days after receipt Gix?

 

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Andy

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Yes I think thats what the order said, but now I am uncertain on which direction to take i.e what to write in the defence so I guess I will need help here to..sorry to be a pain..I thought everything was going the right way...obviously its going to be a lot harder than first thought. :-( I still am at a loss of how they can even think they have complied with the order...any help would be great! Oh and whats a CMC (Case Management..??)

Edited by Gixxer UK
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Conference.Let me run through your details tomorrow Gix.

 

 

Andy

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Hi all, I rung Cardiff CC today and they have said its in with the DJ to see what the claim is all about or whether it will continue, I asked again about the time for filing a defence and she said once it has come back from there DJ with an order, then I will receive a letter in due course? does this sound right...as I am really sweating about the cut off time!!!

 

Also I noticed on my order that its 14 days once the DN and assignment have been disclosed, "The defendant shall file and serve a defence within 14 days of receipt of said documents" but they havent got a DN so how can I comply with that one? They have failed to fully respond to my CPR 18 request, 31.14/31.15 and then only produce the WS and 2 CCA with no T&C's or account numbers for cross ref, how can I write a defence for this one chaps? As I have read others on here that are similar but they will need tweeking. thanks again!

Edited by Gixxer UK
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Sorry to drag this back up..rung Cardiff CC and they have told me the DJ has ordered LF to re-do the particulars of the claim as they are too vague, before the case continues. Which would then enable me to do a defence 14 days from that....plot thickens...:!: does this mean they start the claim again?

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It means the judge has given them a chance to change their pleadings, which I think is unfair as they now know the areas of dispute. That prejudices you, IMO - but at least you get the chance to enter another defence - and all the time your LiP costs mount...

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Again back up this one goes... I received this from the court today after sending a letter asking what was happening and trying to get more info from the claimant, as they have failed to respond to my Part 18 request....so this letter is all I have no mention of a re-submission of the POC's..now I am at a complete loss as to where to turn next so any guidance would be welcomed...as I have now 12 days left to write a defence to the WS it would seem???? :|

Cardiff Letter recieved today 09-11-11.pdf

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  • 1 month later...

The wheel rolls on...they have failed to submit an allocation questionaire and fees, but the DJ has ordered them to do so in 14 more days, along with a stay to get the full POC's/statement of case together...what a laugh...again sorry to drag this back up but just thought I would see what your thoughts are...

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The claimant (if it is a bank) is generally given quite a lot of leeway.. I imagine they will probably claim that they need more time cos of Christmas !!

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  • 2 weeks later...

Hi, recieved some stuff today and they have changed there POC's completely. They have changed it to look more like a defence than POC's. Still no mention of the missing DN. There are dates that don't appear on my statements from santander, for draw downs of 0.75p etc? No mention of the 2004 4 months missed payments where the DN would have been issued orginally?am I right in still thinking according to OFT and the CCA 1974 that a DN must be issued prior to any further action bieng taken upon an account regulated under an agreement? As Link have admitted it is regulated under an Agreement then shouldn't one have been issued before legal proceedings or have one to continue? Sorry to keep pulling this one up but as everyone on here just needs a little help. Thanks and Happy New Year to all!!

Edited_POC_1.pdf

POC 2.pdf

Edited by Gixxer UK
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