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HELP NEEDED - Incorrect court documents


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Hi,

 

I need some help ASAP! On monday I received a phone call out of the blue from a agent working on behalf of link financial to arrange collection of my vehicle. I had been through court and had a payment arrangement accepted which I have been making payments for since Feb 2011.

 

The court hearing was 26th Jan 2011, and the court paperwork I received is dated 21st Feb 2011 which states a payment of £300 every calender month starting 28th Feb 2011. I have spoken to Link and they claim that I have been in arrears since the very beginning of the agreement as they were expecting the first payment by 31st Jan 2011 and as I havent cleared the arrears they are exercising their right to take the vehicle. When I questioned them they explained that the court documents they hold are dated 26th January 2011 and say the first payment is due 31st January 2011.

 

I rang the court in question today and they have informed me that the papers that I hold were infact amended and the new papers where dated 26th January 2011 and that I am infact 1 payment behind. What can I do? Link have never mentioned this before or chased me to this effect? I am now facing either a £804 payment which I don't have to clear this? The court admin suggested that I complete form N244?

 

Any help would be muchly appreciated!

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Explain please where Link get their figure of £804. If you are a month in arrears on a £300 per month court agreement then you are just that figure in arrears.

Link are notorious for adding on interest and charges where there is no mention of this on the paperwork.

As far as I am aware they cannot take your car without your agreement without going back to court.

Write to them making sure that you get proof of delivery DO NOT PHONE and ask them how they arrive at the £804 figure. Keep everything that they send to you and keep a log of all calls that they make i.e date and time. Link are bully boys and will lie to you to get what they want.

Dont let the parasite dca's prosper

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  • 2 weeks later...

Absolutely right - only a Court Bailiff with a Warrant of Delivery can forcefully take the car from private property.

 

You could always make an application to the Court to vary the instalment order and explain how you thought it had been calculated.

 

It is possible they are entitled to claim interest, provided that they are in compliance with the CCA (regular statements of account and the agreement stating that they can post judgment etc).

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  • 4 weeks later...

Hi Guys

 

Thanks for your replies - the court have admitted blame for their error on the judgement - ive obviously written a full complaint letter to the court, and they have agreed to refund the £204 agents fee...nothing else...no compensation!

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