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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
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link and GE money loan - Charging Orders & Interest


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We have 2 charging orders on our property which we are currently trying to sort out so that we can remortgage but the charge holders are trying to rob us blind (in our opinion).

 

Both CCJ's/Charging order were granted whilst we were having temporary financial problems due to the collapse of my business at the time and as a result I suffered badly with depression etc so we did not do alot to defend the court action.

 

1st charging order is with Link Financial who purchased a GE Money loan £6549r.

 

After assignment of the debt we received one call from link asking for full payment which we could not afford at the time (obviously) but we offered to make a token monthly payment of £20 until we were in a better position to which the caller replied "court papers will be in the post".

 

Subsequently a CCJ, Interim Charging Order, Final Charging Order and permission to charge 23% interest on the debt were obtained by them despite us sending correspondence to the court to attempt to fight this and advising we had not refused to pay at each stage.

 

The debt according to LINK is now £13789 which is about £6000 too much in our opinion and should never have been inflated as much as it has.

 

2nd Charging Order - From an estate agent.

We agreed to sell our property via an estate agent and during the consultation advised we did not want to pay more than 1% as we had been quoted by a competitor,

 

however on signing the paperwork it was written out as a fixed fee agreement meaning we paid over our agreed 1% when the property was sold for less than the asking price.

 

A cheque was sent to the agent advising of the above for the full 1% commission but they refused this and returned the cheque taking us to court at the same time as above when we were on our bums

 

They got a charging order for £3045 and have today sent a request for £5128

£3045 + £1929 interest(?) and £153 Final charging order costs?

 

I don't even think we should be paying the full £3045 let alone interest and costs on top.

 

Any advise on what we can do and if we pay the debts off to get the mortgage through

 

can we still reclaim any overpayments or are we accepting the debt if paid in full?

Edited by dx100uk
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Ruddy link 23%!!

Are you sure the original agreement and the judgement allowed post judgemental interest??

 

I bet not!!

 

One of links favourite tricks is to do this when they are non defended against

 

Have link been sending statement s every 6 mts

If not tell'em to do one

https://www.consumeractiongroup.co.uk/forum/showthread.php?139880-Warning!!-PJI-Post-Judgment-Contractual-Interest

 

But never use the phone!! Write

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Unfortunately I believe the original court papers did reserve the right to charge interest and they appear to have been sending a statement every 6 month too.

 

I just dont think they should have been allowed to charge interest on a debt we were already struggling to pay which I stated in correspondence to the court at the time of the case but seems to have been ignored.

 

Can anyone suggest where I might get legal advice about these charges/debts that won't cost the earth??

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Best place is here we cant recommend against rules

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have you got a copy of this agreement that Link was assigned from GE Money along with its T&Cs ?

 

Did they claim interest within its particulars of claim ?

 

 

Andy

We could do with some help from you.

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Thread moved to Financial Legal Issues Forum...please continue to post here to your thread.

 

 

Andy

We could do with some help from you.

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  • 2 weeks later...

Thanks Andy,

 

I still haven't managed to dig out out paperwork yet due ton the house being upside down but I have a query?

 

As the original judgement was for £6500 is this all we have to pay to remove the second charge or can Link refuse to remove the charge until we have paid both the judgement amount AND the interest??

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Thats why you need the original paperwork to check...Judgments over 5K can incur further interest subject to the T&Cs of the agreement and of course what it states on the Notice of Judgment.

We could do with some help from you.

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Hopefully you can see these.

Front page we were asked to sign but back page we have never signed and were not shown.

 

As a further issue i've noticed we have received 2 different letters from them over the years but on the 'statement of account' there is information missing which i believe they should provide for it to be binding

 

I have also read somewhere that there is a paragraph which should also be included in the statement, about being able to go back to court, which is missing also?

geedited.pdf

gebacpage.pdf

link1edited.pdf

link2edited.pdf

Edited by dx100uk
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I cant see any reference to post judgment interest in their T&Cs...can you ?

 

Have you not got a copy of the original N1 court claim ? If the claimant fails to ask for interest within its particulars...then it cant claim it post judgment .

 

 

Andy

We could do with some help from you.

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had to hide your uploads

all have your name on or ref no's showing.

 

ok look link and their phantom post judgemental interest again.

 

not sure how many threads here we have of these fleecers pulling this stunt when they cant charge it!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I cant see any reference to post judgment interest in their T&Cs...can you ?

 

Have you not got a copy of the original N1 court claim ? If the claimant fails to ask for interest within its particulars...then it cant claim it post judgment .

 

 

Andy

 

Back (unsigned) page, the very last sentence....

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had to hide your uploads

all have your name on or ref no's showing.

 

ok look link and their phantom post judgemental interest again.

 

not sure how many threads here we have of these fleecers pulling this stunt when they cant charge it!!

 

What can we do to get it removed then? They have us over a barrel and they know it as we can't remortgage until the charges are cleared.

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that line a bit ambiguous...…

This obligation is an independent one and will not merge with, that is become part of, any such judgement.

 

so their post judgemental interest CAN'T be merged into any judgement, so cant be enforced by any judgement....

 

urm…….

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Back (unsigned) page, the very last sentence....

 

So its does...but as DX states its separate to enforce...therefore they would have to issue a further claim.

 

And dam its in the particulars.....but with the exception " The right to proceed for subsequent interest is reserved "

 

 

So as above...further claim /application required

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So if we pay the amount stated on the charging order £6895 (or whatever) are they then obliged to remove the charge from our property or can they refuse until we have paid the interest as well?

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No they must remove it.....

We could do with some help from you.

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The Particulars are likely generic being through the Bulk Centre and so in respect of loans that permit post judgment contractual interest it is likely that it will be pled in every case barring some error. Also they will likely have sent notices where they are pursuing the interest post judgment, you may not like them (Dx appears to have a particular dislike) but they are not idiots, they will have sophisticated systems and processes and will be well aware of their rights to post judgment interest, probably more so than most.

 

 

It is probably well known but Link purchased GE consumer, who purchased FNB who the OFT attempted to haul over the coals on this exact point. OFT V FNB [2001] UKHL 52 - it didn't go well for the OFT, Lord Millets judgment is quite clear and, ultimately the opinions of the HoL hold significantly more weight than opinions here and confirm an enforceable contractual right.

 

 

From the OP's scenario, the only amount secured by the Charging Order is £6,895.00, there may be a fee for admin work in removing the charge on top but the interest is a separate matter that hadn't fallen due at the date of the judgment, so as above cannot be included, but they do have cause of action for that interest, the OP is contractually liable for it and they already have a judgment on liability. Given there is a HoL precedent confirming the term is fair what would you challenge a claim on if they sued?.

 

 

I know this is perhaps not normal style here but my suggestion to the forum , as opposed to telling them to swing for the interest element as others espouse and risking further proceedings (at who knows that level), is it not worth being pragmatic and approaching them setting out the scenario in which the interest has accrued, along with an offer to settle the matter off along the lines of we will pay the secured sum of £X plus £x in settlement of any claims for contractual interest.

 

 

Discuss :)

 

 

Any information I post is purely opinion and should in no way be considered as legal advice. Public forums are never a substitute for professional legal advice.

My posts are opinion only, I am not legally qualified and do not offer my comments as advice, nor should my comments be taken as advice. If you seek legal advice, approach a suitably qualified legal representative.

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this is link we are talking about here

 

 

the only sophisticated systems and processes they possess are lies to fleece people that know no better.

never believe anything they ever tell you, write or say.

they LIE!!

 

and to judges.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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:) DX, not wanting to cause any hostility but it needs to be said that, other than further venting your clear opinions on the firm mentioned, which are quite colourful (read as potentially libellous and in breach of the forum rules) that response is about as useful as a chocolate teapot to the OP.

My posts are opinion only, I am not legally qualified and do not offer my comments as advice, nor should my comments be taken as advice. If you seek legal advice, approach a suitably qualified legal representative.

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I shall now demonstrate why people hold Link in the regard that they do,

 

We have already tried offering a settlement figure and in February when we were thinking about our remortgage they offered to settle for £11500, or thereabouts.

 

However now they know we are remortgaging, having been contacted by our solicitors and that we cannot proceed without them removing the charge "company policy" is to demand the FULL amount effectively blackmailing us into paying the judgement amount and the interest.

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You only have to settle £6,895.00, ...they do not have judgment for any interest.Your solicitor will repay the judgment amount and they must remove the charge.

 

You pay off the amount you owe as per the Judgment, you can apply to the court for the order to be discharged. The amount you have to pay will include court fees and costs that have been added to the debt. Ask the court for a certificate of satisfaction on your CCJ and include evidence of payment. Creditors will usually inform the Land Registry that the debt has been paid so that the charging order can be removed from your property.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

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