Help with Link financial and ccj forms

[heathersperry2]

Hi I intend to defend the whole claim due to non receipt of letters etc would appreciate some help with defence thank you

[ims21]

Hi

 

Welcome to CAG

 

So you have received court papers from Link and you are going to defend?

 

Can you give us the full story please.

 

I'll move your thread to the correct forum

[ims21]

Thread moved to Legal issues

[asokn]

Please do provide full details.

 

Non-receipt of letters is not really a basis to defend the claim. Also, how do you know what you have not received?

[heathersperry2]

Ok bear with me because I'm on mobile as pc faulty.

 

In 2000 we bought a car by 2004 we defaulted and agreement termed. Agreement with G E Woodchester. The debt was passed to Link (not sure when) in 2005 we set up a payment plan but defaulted.

 

Hadn't heard a thing till today when got a claim form. I called link (mistakingly) only to be told that I either pay in full or over 5 months at 400 per month. I argued the fact I have a dmp with cccs that I've had for four years and there is a debt payable to link which is separate to this and has been paid on time every month so they have knowledge of us and our payments.

 

Now they are saying we have had a dn sent last month (never received) and also called several "hundred" times on my mobile and left messages ( never received).

 

My concern is hubby got made redundant in Dec 2011 and is on JSA I'm working. We currently only pay 5.00 per month to our creditors on dmp (11 creditors). They want it all now but that's not going to happen.

 

How can I defend this due to no correspondence received ?

[heathersperry2]

Please do provide full details.

 

Non-receipt of letters is not really a basis to defend the claim. Also, how do you know what you have not received?

 

Sorry meant to say never received letters giving me any opportunity to reply to them prior to cc claim

[heathersperry2]

Sorry meant to say never received letters giving me any opportunity to reply to them prior to cc claim

 

They say they have sent DN but haven't had

[Gaston Grimsdyke]

The default notice point won't get you anywhere as a) it doesn't matter whether you recieived it or not and b) they don't actually need to serve one anyway, since this agreement will have matured years ago so there is no accelerated payment. If I were you I would just send the claim form off to your debt management company and let them make a pro rata offer to the claim.

[heathersperry2]

The default notice point won't get you anywhere as a) it doesn't matter whether you recieived it or not and b) they don't actually need to serve one anyway, since this agreement will have matured years ago so there is no accelerated payment. If I were you I would just send the claim form off to your debt management company and let them make a pro rata offer to the claim.

 

Yes but that means I would get a ccj and we can't afford that with my husbands job situation

[ims21]

Do you know exactly when the last payment was made on this debt?

 

What does your CRA file say about it?

[heathersperry2]

Do you know exactly when the last payment was made on this debt?

 

What does your CRA file say about it?

 

I can't honestly remember I think 2005/6

 

It shows as default I think

[ims21]

If no payment or written acknowledgement has been made in a clear period of 6 years (5 in Scotland) then this will be Statute Barred.

 

You need to find out exactly when that last payment was made....even if it was end of March 206 it would be SB.

 

I would check the CRA file rather than guess what it says

 

ims

[heathersperry2]

If no payment or written acknowledgement has been made in a clear period of 6 years (5 in Scotland) then this will be Statute Barred.

 

You need to find out exactly when that last payment was made....even if it was end of March 206 it would be SB.

 

I would check the CRA file rather than guess what it says

 

ims

 

By CRA do you mean credit report?

[ims21]

By CRA do you mean credit report?

 

Sorry...yes

 

You can do it for free here

 

https://www.noddle.co.uk/

[heathersperry2]

I have checked and it doesn't even mention as a debt

[ims21]

May well be SB then

 

You need to do some research to find out when that last payment was made

[heathersperry2]

Would I request a statement or is that the wrong thing to do and how do u defend the claim ?

[ims21]

You say this debt is not in your dmp?

 

Sb is an absolute defence on its own and a judge cannot change that so your defence to the claim would be that it is statutory barred under the Limitations Act 1980.

 

Have you not got any financial records going back to that time (maybe in the loft or something)?

 

Was the debt sold to Link or were they acting on behalf of the original creditor?

[heathersperry2]

On the claim form it says a notice of assignment was sent March 2005 therefore I presume it was sold as g.e capital were original creditor.

 

I will search this weekend for some info but we moved in here June 2005 and I think that the stuff was thrown away

[citizenB]

Responding to S.O.S from ims21 on your behalf.

 

Statute barred debts.. you need to find out when you made the last payment on this debt.

 

Many DCAs will argue that limitation accrues from the time when the "default notice" is issued. It does not.

 

Limitation clock starts ticking from when the payment is due and not paid not when they send a default notice.

 

We see often that CRA entries will date 5 or 6 months ahead of when the payment was missed.

 

People need to be sure that they aren’t being hoodwinked and that the DCA is extending limitation so they can sue when they are not allowed to.

 

Can you let us know exactly what it states on the claim form .. what are they actually claiming for ?

 

Have you sent a CPR request for information ?

 

IMHO, I would send a CPR part 18 immediately as shown below.

 

xx

 

 

 

 

 

 

Your Name

Your Address

 

IN THE XXXXXXXXX county court

CLAIM NO:

BETWEEN:

XXXXXXXXXX

Claimant

and

XXXXXXXXXXX

Defendant

PART 18 REQUEST FOR FURTHER INFORMATION

To: XXXXXXXXXX (claimant)

　

Please answer the following questions:

 

1. Upon what date was the last payment made on the account?

2. What was the source, method and amount of the payment?

　

　

TAKE NOTICE THAT YOU ARE REQUIRED TO ANSWER THE ABOVE REQUEST WITHIN 14 DAYS OF SERVICE OF THE SAME UPON YOU

xx

 

There have been some instances where a "phantom payment" has been made.. so you will certainly need proof of how the payment was made.

 

What is the date of issue of the claim form - you will find this in the top right hand corner of the claim form.. just so we know what the time line is.

 

The above CPR should be sent via Special delivery post to the solicitor on the claim form. Keep the posting receipt and check on the RM website for its delivery date and print off the signature page.

[citizenB]

On the claim form it says a notice of assignment was sent March 2005 therefore I presume it was sold as g.e capital were original creditor.

 

I will search this weekend for some info but we moved in here June 2005 and I think that the stuff was thrown away

 

Yes, NoA implies that the account was sold to a 3rd party.

 

Can you remember if any payments were made to this "new owner"

[heathersperry2]

Claim form states....

 

 

The claimant claims all sums due upon the termination if an agreement made between ge capital Woodchester and the defendants in writing and opened 12/5/2000. The agreement was terminated after the defendant had failed to comply with the terms of the agreement and the default notice served upon them on 2/11/2004. The agreement has been legally assigned to the claimant by the DoA with an effective date of 1/4/2005. And made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter. The agreement is regulated be the cca 1974.

 

Amount claimed 2028.37

[heathersperry2]

Yes, NoA implies that the account was sold to a 3rd party.

 

Can you remember if any payments were made to this "new owner"

 

Maybe immediately after but I think 2006/7 maybe will check records in garage at weekend.

[citizenB]

Claim form states....

 

 

The claimant claims all sums due upon the termination if an agreement made between ge capital Woodchester and the defendants in writing and opened 12/5/2000. The agreement was terminated after the defendant had failed to comply with the terms of the agreement and the default notice served upon them on 2/11/2004. The agreement has been legally assigned to the claimant by the DoA with an effective date of 1/4/2005. And made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter. The agreement is regulated be the cca 1974.

 

Amount claimed 2028.37

 

They are implying there that a Default Notice was served on you and that you failed to remedy it. In 2004.. Therefore I would be thinking it is likely that no payment was made after that date. In which case it could well be statute barred. However, I would send the CPR18 request off immediately and see what they come back with.

[heathersperry2]

I will do cpr tomorrow

 

Issue date 5/4/12 received today (do bank hols count in the 5 days)

 

Sorry for all the posts my pc is not working so am on mobile not very quick!