Link Claimform - old GE Money Debt - **STRUCK OUT** reinstated **WON AGAIN + COSTS**

[angry cat]

MAGDA,

just out of interest, which asset link company is it;

no.1, no.2, or no.3?

 

AC

[MAGDA]

Hi AC, it's No.1, they issued all four of the claims. Magda

[MAGDA]

I recently sent cpr 31.14 letters kindly adapted for me by Surfaceagent. Heard back from Asset Link today, the claim which was due to be heard in court in the near future has been discontinued and the court has been formally notified. Apparently the OC wishes to repurchase it!! Just waiting to hear back on the other one now. Good luck to anyone else in a similar situation at the moment. Magda

[Jeff2000]

I recently sent cpr 31.14 letters kindly adapted for me by Surfaceagent. Heard back from Asset Link today, the claim which was due to be heard in court in the near future has been discontinued and the court has been formally notified. Apparently the OC wishes to repurchase it!! Just waiting to hear back on the other one now. Good luck to anyone else in a similar situation at the moment. Magda

 

 

 

 

Hmmm!

 

Now why would they wish to do that?

[MAGDA]

Hmmm!

 

Now why would they wish to do that?

 

I know, exactly. They puchased the debt quite a few years ago, so strange that GE money are suddenly begging them to sell it back, which is how they made it sound. Just got to sort my wasted costs out now:D

 

Magda

[MAGDA]

Hi, can I use for N260 to submit my costs to the court (this is intended for summary assessment). Surfaceagent posted a copy of this form on another thread (although the person concerned was attending a hearing, which I am not). The form seems to be a pretty straightforward schedule of costs, so could I submit this together with a covering letter and draft order? Hoping to get these off today, so any help appreciated, magda

[Jeff2000]

Hi, can I use for N260 to submit my costs to the court (this is intended for summary assessment). Surfaceagent posted a copy of this form on another thread (although the person concerned was attending a hearing, which I am not). The form seems to be a pretty straightforward schedule of costs, so could I submit this together with a covering letter and draft order? Hoping to get these off today, so any help appreciated, magda

 

 

 

 

Hi Magda,

 

 

Is there a cost for submitting the docs you have just mentioned?

 

 

Jeff.

[MAGDA]

Hi Magda,

 

 

Is there a cost for submitting the docs you have just mentioned?

 

 

Jeff.

 

No, not as far as I am aware, couldn't see anything mentioned about a cost anywhere.

[Jeff2000]

No, not as far as I am aware, couldn't see anything mentioned about a cost anywhere.

 

 

 

 

So it's probably worth doing in any case!

 

Nothing to lose really!

 

Unless someone else has a reason why not!

 

 

Jeff.

[MAGDA]

So it's probably worth doing in any case!

 

Nothing to lose really!

 

Unless someone else has a reason why not!

 

 

Jeff.

 

Hi Jeff, yes, I handed the paperwork into the court today, so will see what happens - I'm claiming costs for all three, the two that were struck out and the discontinued one and still waiting for an update on the last one. Like you say, there is nothing to lose really and if the court do come back and say there is a fee involved, then I will just have to rethink it. Many thanks, Magda

[Jeff2000]

Hi Jeff, yes, I handed the paperwork into the court today, so will see what happens - I'm claiming costs for all three, the two that were struck out and the discontinued one and still waiting for an update on the last one. Like you say, there is nothing to lose really and if the court do come back and say there is a fee involved, then I will just have to rethink it. Many thanks, Magda

 

 

 

 

Good luck!!!

[MAGDA]

Good luck!!!

 

Thanks Jeff

Edited November 20, 2008 by MAGDA

[angry cat]

Asset Link Capital (No 1) Limited

 

current organisation that runs the organisation;

Wilmington Trust SP Services (London) Limited.

 

AC

[pudsters14]

I am dealing with Link Financial Ltd, what is the difference between all the companies?

 

1, 2, 3 etc?

 

Just wondered!

 

Well done on your progress Magda!

 

Pudst

x x x x

Edited November 21, 2008 by pudsters14
typo

[MAGDA]

Well got a bit of news on the costs front. One of the claims for costs was denied outright by the judge concerned. Two of the other applications for costs were given to a different judge and he gave the claimant three weeks to respond. They didn't answer and I therefore rang the court and was told that the application would need to go back before the judge for a final decision. I have now been awarded the grand sum of just under £50 for the two claims combined!!! Hardly what I had in mind. I did keep the costs very low anyway and claimed a very realistice amount, but the judge obviously disagreed and decided that I should be given less than £25 for each claim. Still, looking on the bright side, I guess at least I have been awarded something, which is better than I did with the other judge who gave me zilch. Amazing how the outcome can be so different simply because the paperwork is passed to a different judge. Good luck to anyone else currently doing battle with Link, Magda

[pudsters14]

Hya Magda, well done at least it's something. How are you getting on with the one that's left? Pudst x x x x

[MAGDA]

Hi there, well, at the moment it is just in limbo really. I sent the cpr 31.14 requests for the two remaining claims against us and Link subsequently discontinued on one of them (the one with a court date already set, so think this is why they discontinued that one and not the other) and as far as the other one goes, they now appear not to be proceeding with it, but they haven't officially notifed the court. I informed Link that I was going to request the claim be struck out again (already struck out once and they (Link) had it reinstated). I didn't receive any response so I think they would be quite happy about that, but I decided not to, as the fee involved is £75, which I'm not going to pay and risk the court refusing my request. The court did accept emails before requesting a strike out, but the last judge insisted I complete the proper application, which of course carries a fee. I think the claim is more or less finished with now and hopefully I'm not expecting to hear any more about it. So, fingers crossed, it seems that all four claims are now pretty much history. Magda

[pudsters14]

Well done, wish that was the case with mine! I am just putting in my witness statement and copies of docs together. Wondering whether I should send the CPR 31.14 request?!?! Really need some advice about what I'm meant to be sending the court but hopefully someone will come along soon. LOL. Well done though, thats brill. Pudst x x x

[MAGDA]

The cpr 31.14 can be really useful to force their hand if they are claiming to have (or relying on) a certain piece of information such as a Default Notice or NOA, or whatever, as they are then obliged to prove that such a document exists and that a copy was indeed served on the defendant, as otherwise they often just make mention of it in their response to any defence without actually proving anything, and the claim goes ahead. Another thing to remember is, that if Link do not respond to something ordered by the judge in the given time frame, then it often pays to ring the court straight away in order to request the claim is struck out, as often the judge words the order in such a way that the striking out of a claim (should the claimant fail to respond) is not a automatic conclusion. Will have a look at your thread and see if I can help in any way, although I'm far from being an expert. Magda

[pudsters14]

Thanx it would be much appreciated, the order is on there, but she hasn't really ordered them to provide anything in particular just everything they are relying on, that deadline is monday and I also have to do the same. They have provided me with a really dodgy application form but nothing else apart from a letter they have faked and vague figures. The default notice is defective as I have the original but they haven't provided that. The judge also talked about the NOA but she hasn't ordered them to provide it, but did say in court that she would expect them to prove they had a right to the debt which so far they haven't proved anything. Thanx for all your help. Pudst x x x x

[ziggy04]

Hi,Magda, WOW!! £50 I expect you will awake all night wondering what you will spend it on . though i expect that they will drag their heels paying it to you. so is that the end of your dealings with Link ? or can they start all over again , i hope not, as for the judges i don't think much of any of them from reading posts on CAG . don't think much of solicitors for that matter, take care ziggy

[MAGDA]

Hi Ziggy, yes, I will probably go out on a shopping spree when I get it!! I don't think it is likely they will restart any of the claims now and think they have pretty much given up on them now, especially as they actually discontinued one of them of their own accord. Ah well, suppose I was lucky to get anything at all - the other judge didn't award me a penny. Be nice to put all of this behind me, it is very time consuming for one thing not to mention stressful at times. Will raise a glass to you when I crack open the champers, Magda

[MAGDA]

Well, no sign of Link paying the costs they were ordered to pay. I'm sure the £50 wouldn't have over stretched them too much. It seems a bit silly that the court orders them to pay and they can just ignore it.

 

They really are a law unto themselves.

 

Magda

[MAGDA]

got some good news today:rolleyes: Link has applied to the court to reinstate one of the claims that was struck out, even though it is almost a year since they first issued proceedings. The court has set a date for a hearing to determine if they are going to reinstate it or not. This company are the lowest of the low. They just think they can do whatever they want within the legal system whenever they want. I just hope things go my way and not theirs:mad: Just goes to show, where Link are concerned, even when you think you have them beat, theycome crawling out from under their rock for another go. Magda

[MAGDA]

Hi, wonder if anyone can help. I had a claim issued against me early last year and defended it (of course!!). The claim was struck out as the claimant was given two opportunities to respond to my defence and failed to do so. They suddenly responded a few days after the second deadline, but the court had struck the claim out and it (their response) was placed on file. I then applied to the court for costs and was awarded a small amount (again the claimant did not respond). The order for them to pay costs was issued by the court, but the claimant has ignored this and I haven't received payment.

 

I have now been notified by the court that the claimant has made an application to have the claim reinstated (six months after it was struck out). The claimant did not want a hearing, but the court has decided that there should be one, so I now have to attend later this month.

 

The main question I have is, if there are costs outstanding (granted as the claimant had behaved unreasonably) can the claim in fact be reinstated at all. I'm sure I read somewhere that while costs remain unpaid the claimant cannot take any further action. Can't find the reference now though, which is typical, now that I need it.

 

I rang CLS and I was amazed at how basic their knowledge is. The chap on the phone told me I could only defend the claim if the claimant was unable to provide an agreement. I explained that this was incorrect and there were other issues such as the DN, etc. He said that the claimant could just issue a DN now, and I said no, they cannot, once they have issued proceedings. So that was a complete waste of time.

 

Anyway, any comments most welcome,

 

Magda

 

ps should I ring the court and inform them that the costs haven't been paid???

Edited March 17, 2009 by MAGDA