Link Financial (MBNA) - County Court Claim Form Received - Please help if you can?

[Demo777]

Hi, don't worry about this company they have been hassling me for years and got nowhere. Make sure you reply to them and tell them that you will report them to the Office of Fair Trading as they are harassing you and this goes against the OFT's regulations on debt collection. Just make sure you keep paying them the agreed amount, don't increase it! And under no circumstances get into a conversation with them on the telephone. Tell them you will only communicate with them by mail, that way you have everything in writing.

 

I hope this helps, it worked for me. If you need any further help pop into your local Citizens Advice Centre.

 

Regards

 

Can anyone please advise me on this?

 

I got a phone call today from Link Financial DCA to whom my husband is paying £1 per month towards a debt he had with MBNA.

 

We are heavily in debt and have 15 creditors (total debts of £52,000). The Citizens Advice Bureau have been helping us for 2 years. They sent an up to date financial statement to Link at their request on 9th Jan this year which still shows we can still only afford the token repayment of £1 per month, as we are paying all of the creditors.

 

The woman who phoned said first of all "oh I can speak to you" when I said my husband was not available (unusual because they normally quote the Data Protection Act! and refuse to speak to anyone other than the accountholder) and then said that Link have changed their policy and will now only accept a minimum payment of £5 per month from homeowners (which we are, with a mortgage).

 

I told her that we are not in a position to pay them more than £1. Yes we are homeowners but the mortgage along with gas, electric, water etc are our priority debts and if she looks at the financial statement she will see that after all priority debts are paid we only have £16 a month spare to pay between all the creditors!

 

I then asked her whether this was a requirement by law, or just "their in house policy" to hassle homeowners for the minimum of £5 per month!

 

She went very quiet and said she did not think it was a requirement by law, but it was now the new policy of Link Financial !

 

She then got a bit flustered and said "I am new to this" and that she had "had someone speaking to her in her earpiece"

 

She went quiet (listening to her earpiece no doubt ) then followed up by saying "do you realise we can take out a charging order on your property if you don't agree a minimum of £5". I told her that we can only afford £1 a month not five pounds, and will continue to pay this regularly as we have been doing. I told her that all our creditors are getting £1 each as this is how the CAB have worked it out and if she looks at the financial statement in front of her she will see that and how it is all broken down (silly mare )

 

She went very quiet and did not seem to know what to say at this point. She said she would put it all in writing and I told her we would respond accordingly.

 

If they go for a charging order, can we have our say in court and prove the situation we are in??? Will it cost them to take us to court? Surely they are not so stupid that they can't see the genuine situation we are in and they can't get blood from a stone???

 

Do you think this is just scare tactics???

 

Spiritgirl x

[Demo777]

This is just scare tactics, this company is notorious for it. Take no notice of them, they have bought your debt, as long as you are paying them what you can afford, they cannot take you to court.

[chatsworth2409]

Hi SG, have loved reading this thread from the start - it has taken me nearly 2 hours! But I have learned so much - thank you to all. I have a slightly different situation to most and will start a thread to see if any of you guys and gals can help me. One question though - as this thread was started so long ago and contains lots of advice over that period - is it ALL still valid or has legislation/complaints to whoever generated a change in approach when dealing with Link Financial?

[Demo777]

Link Financial are scaremongers, they have tried it with me so many times and failed!! Always communicate with them in writing never via telephone, as long as you are paying them what you can afford don't worry. If they pressure you to pay more than you can afford or to increase your payments just ignore them, I have, if they persist send a letter of complaint to the Office of Fair Trading (OFT). Hope this helps, I hate this company!!!!!!!!!!!!!!!!!!!!!!!!!!!

[spiritgirl59]

Hi everyone

 

Its been a while since I was on here but a little nasty has reared its head. Those devious bar stewards Link Financial have issued a county court claim form via Northampton bulk centre in a matter which has been in dispute with them since 2007 when I sent a first request for CCA letter on behalf of my husband.

 

All we have ever received from them (and several times over in the past 4 years!) is a photocopy of a document called "The 10 Minute Application Form" provided by MBNA, and which Link are insisting is an enforceable credit agreement and we have been arguing is not. The form is a crappy photocopy and there are no terms and conditions, its also difficult to read in parts because of the poor quality of it.

 

I know they have added lots of interest to this debt. There was never any PPI with it. My husband is on the sick at the moment and I don't want him to suffer any more stress so want to handle this on his behalf.

 

I've been reading on here for a while to see if I could work out what to do for the best, but the legal situation has probably changed in 3 years since I was last on here, so I thought it safer to start off a new thread and ask you wonderful guys and girls for your help and advice?

 

The POC from Link read as follows :-

 

The claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXX and opened effective from XX/XX/03 The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as required under the terms of the agreement and by XX/XX/06 a default was recorded. As at XX/XX/07the Defendant owned MBNA Europe Bank Ltd the sum of XXXX. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective XX/XX/07 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims (1) XXXXX (2) Interest pursuant to Section 69 County Court Act 1984 at a rate of 8% per annum from XX/XX/07 to XX/XX/11 of £XXXX and thereafter at a daily rate of .99 to date of judgment or sooner payment date.

 

Please can you advise me what to do first, and what letters to send etc?

 

Many thanks in advance

Love SG x

[SP500]

hi spiritgirl,

You've already done the correct thing by not ignoring the claim as so many do, and starting your own thread here.

I'm sure the more knowledgeable guys and gals here will be along shortly to help you out It would help them if you add the issue date of this claim.

You will need to acknowledge service of the claim with the court, this can be done online. As you believe the credit agreement is unenforceable, you will presumably indicate your intention to defend all of the claim.

You will have to send a SAR to the original lender. You will need to write to the claimant's solicitor and request an extension of time under CPR 15.5 and you should also make a CPR 31.14 request for the documents pleaded in the claim form.

These are detailed in the "stickies" so you have some reading to do. The kind folks on here will help you with letters specific to your case.

[Undercover-Elsa]

Hi Spiritgirl,

Good advice above, To save time in going through all the legal threads, I've attached a compilation of the main posts.

 

Did your OH ever receive a formal Default Notice? If so you'll need to try and find it so we can check for compliance.

Also, did he receive the Notice of Assignment?

 

If you could scan/post up the credit agreement that would be helpful (minus personal details of course )

 

kind regards,

 

Elsa x

pt-legal issues-compilation.pdf

[spiritgirl59]

Hi again

 

Thanks for your help so far, we really appreciate it

 

I don't recall us ever receiving a Default Notice or Notice of Assignment from Link - I tend to keep all official stuff and have a folder full of demanding and snotty letters from them, including one I found going back to 2008 which informed my husband that Link had been assigned the debt (have attached a scan of it). This doesn't mean we never did receive the official notices, but I can't recall seeing them.

 

Date of issue of their claim is 19th October 2011.

 

A scan of the 10 minute application form is attached for you to see.

 

Thanks for your templates and information, I will have a good read and proceed as you have advised by first off acknowledging service and then sending the SAR etc.

 

Back soon

Love SG x

[Undercover-Elsa]

Hi Spirit Girl,

I'd send the SAR straight away as it takes a while.

Unfortunately the images are too small to read...are you able to resize and convert them to PDF?

(There are free online PDF converters if needed)

 

Elsa xx

[spiritgirl59]

Hi Elsa

 

Sorry about the images - I will have another go with those.

 

Meantime I have acknowledged service on line via MCOL and have prepared the CPR 31.14 request for docs letter. I can't find a letter asking for CPR 15.5 - do you have a link to one or do I include that request in the CPR 31.14 letter, if so, what's the exact wording?

 

Many thanks again

Love SG x

[Undercover-Elsa]

Hi SG,

It's actually included in the 31.14 request, in the para about requesting more time, but it's not specifically referenced and maybe it should be.

Hence you could amend that paragraph to:

 

 

If you require more time in which to comply with this request you must tell me in writing. You must tell

me before the time for compliance with this request has expired. In telling me you require more time

you must tell me what steps you have taken and propose to take in order to comply with this request

and also state a date by when you will comply with this request. In addition your statement must be

accompanied with a statement that you agree to an extension of the time for me to file my defence, pursuant to CPR 15.5.

Your extension of time must be not less than 14 days from the date when you say you will have

complied with my request and you must state the new date for filing my defence.

 

 

When you've done all your amendments, paste it on here for checking

Elsa xx

[spiritgirl59]

Hi Elsa

 

Whew....I'm cream crackered LOL! Have converted the files (attached) and below is a copy of my proposed CPR 31.14 letter (with the CPR 15.5 addition - thanks for that!) obviously with personal details removed; but if it reads OK please let me know and I will get it edited so I can post it tomorrow.

 

Just got the SAR letter to do now!

Love SG x

 

 

Link Financial Limited

5 Trecenydd Business Park

Caerphilly

Mid Glamorgan

CF83 2RZ

 

 

24th October 2011

 

 

Dear Sirs

 

Re: Link Financial Ltd –v-

Case No.

 

CPR 31.14 Request

 

On 22nd October 2011 I received the Claim Form in this case issued by you out of the Northampton County Court (CCBC).

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim :-

 

1. The Agreement.

 

You will appreciate that in an ordinary case and by reasons of the provisions of CPR PD 16 para. 7.3., where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the Particulars of Claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2. The Assignment

3. The Default Notice

 

Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a Defence, at this moment in time I have not delivered my Defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise.

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence pursuant to CPR 15.5. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

Yours faithfully

 

 

 

 

 

 

 

10MinAppForm.pdf

LetterNOA.pdf

[havinastella]

Hi SG,

 

You say they waited 4 years before issuing papers! When was the last payment on the account?

 

Jogs

[spiritgirl59]

Hiya Jogs

 

The last payment on the account was sometime in 2006 if I recall. This alleged debt was one of several which, after joining CAG and getting advice, we disputed with the various creditors and sent off CCA request letters.

 

Prior to this the Citizens Advice Bureau had been helping us and had suggested we make offers of a token payment to all of the alleged creditors to keep them off our backs. There were 11 or 12 altogether.

 

With the help of CAG I then challenged them, because I was pretty sure some of them were not legitimate, and some alleged debts have since been written off as the companies involved have not been able to trace any agreements or paperwork.

 

Out of them all, one was a legitimate debt (which we have since paid off in full) and another legitimate one I am paying off still....so it just goes to show how important it is to check things out!!

 

Anyhow Link have been a pain in the backside because they have been repeatedly sending this 10 Minute Application form and insisting its an official agreement. I sent a "final response" to them back in summer last year but they have ignored it and now issued the claim.

 

Love SG x

[Undercover-Elsa]

Hi SG,

Well done on your editing..that's spot on. Send by recorded to the solicitors named on the summons.

You have 33 days from date of issue of summons to get your ducks in a row (more if an extension is agreed). Count it out on your calendar, put a red blob and keep your eye on time spans.

 

"Moisten, fold and seal" such nice words..ie no prescribed terms as the address is on the back. Still, it's a judge lottery so you need to get well prepared.

Its really important to try and find the ORIGINAL default notice. They can and do mock up compliant ones for court, but what matters is what was actually sent.

 

If you send the 31.14 and SAR tomorrow you can relax a little...

[spiritgirl59]

Hi again Elsa

 

Sorry to be a pain but I'm a bit confused now. There are no Solicitors named on the Claim Form.

 

In the boxes it shows the "Claimant" as Link Financial at one address in London, then the "address for sending documents and payments if different" box underneath shows Link Financial at another address in Wales (which is where I have addressed my letter to), and then under that my hubby's details in the "Defendant" box.

 

Also in the little boxes at the bottom right relating to the amount claimed it states the amount they say we owe them, under that the court fee of £85, but in the next box for Solicitors costs it has zero!!....so what do you think I should do?

 

Love SG x

[Undercover-Elsa]

Hi SG,

No probs, send it to the address for documents and payments.

Obviously they're doing it in-house on the cheap, so no Solicitors costs to list.

The £85 is their court fee for issuing the summons.

 

They will be expecting you to roll over...panic and pay up, or miss the deadline and get judgement by default, so they probably won't have the documents to hand.

When they get you're CPR letter they'll be rather glum...

 

Have a dig for a default notice..if you can't find one we might need to do a part 18 request for info. THe DN isn't specifically mentioned in the POC, but they do say a default was registered so we might just get away with requesting it in the 31.14.

 

Elsa x

Edited October 24, 2011 by Undercover-Elsa
typo

[spiritgirl59]

Hello again Elsa & all

 

Well we've had another letter from Link today - advising us of their "litigation fee" (have scanned it in). Seems they have a Litigation Manager - is that a new word for a Solicitor then?? Their fee is included in the total claimed on the claim form so I wonder how they are not going to charge interest on it!!!!!!!!

 

Meantime the letters are going off today and I just wanted to take this opportunity to say a BIG thank you to you Elsa for all your help and advice so far

 

I've rated the thread which (I think) gives you a well deserved pat on the back ... and I think this thread could help a lot of others who felt the way I did when I first came on - totally confused. Am feeling much much better now and in control again.

 

I will report back the moment I hear anything at all!

 

If anyone knows of a decent free PDF converter please can they let me know LOL. I've been round the houses using freebies but after the first one they want you to subscribe and I won't (hopefully) have to use it that often to warrant a subscription.

 

Love SG x

litlet.pdf

[spiritgirl59]

Oh btw we've been through everything but can't find any Default Notice so shall we wait to see what comes back??? Hubby can't remember getting one and I feel sure I would have kept it.

[Undercover-Elsa]

Awww bless you..blushing now LOL!!

 

The letter is the standard notice of default sums they're obliged to send. Cheeky beggars adding a litigation fee!!!

 

I use Zamzar for lots of different file conversions, and it's totally free providing each file is no more than 100mb. Just upload, pick the file type and put in your email...the link to download the file is sent within a few minutes and there's no branding on it.

Here: http://www.zamzar.com/

 

Elsa x

[Andyorch]

The letter is the standard notice of default sums they're obliged to send. Cheeky beggars adding a litigation fee!!!

 

Elsa x

 

That one isn't Elsa, thats something Plinky Plink have created.You will note no sols fee on the summons so they hide it in the summons amount

then claim 8% interest.Litigation fees are not considered until the outcome of the case and this is yet another abuse created by these numpties.

 

Regards

 

Andy

[dizzyblonde1966]

Dont they have to include a default notice in their POC anyway, for right of action?

Can stat interest be added to a consumer credit debt?

[Andyorch]

Dont they have to include a default notice in their POC anyway, for right of action? No

Can stat interest be added to a consumer credit debt?

At the DJ discretion and if he allows they get it on their legal fees also

 

[Undercover-Elsa]

Good grief, you're right Andy......what a creative lot they are, or do I mean cretinous..always get those two mixed up

 

[Andyorch]

Law upon to themselves Plink, Elsa.