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

[robcag]

Yes, you would think so wouldn't you, that would be they way you would normally expect it to work.

 

I do think a DN was issued back in 2004 when the account defaulted (and possibly a TN) but I don't have them, although Link issued their proceedings based on the fact that First National (before they became GE) had issued a DN, so according to them, it did exist.

 

Magda

 

I'm just reading your thread from the beginning as it seems I've just jumped in at the end because the thread appeared near the top of the forum, so I've probably been going over some old ground .

 

However, although you don't actually have a DN and/or TN, if the account has been terminated as you would imagine would be the case for Link to have made a court claim against you (but we all know that Link don't know their a55 from their elbow ), then surely you can argue that GE cannot default a terminated account (as per many other threads)?

 

Cheers

Rob

[MAGDA]

Hi Rob, yes, hopefully if GE try to bring this claim again that's what I'll do, not to mention the fact that they probably don't have a legal assignment - they will need to prove this was all done correctly and legally right the way back to FN Bank, which is doubtful, especially where Link is involved.

 

regards, Magda

[robcag]

Hi Rob, yes, hopefully if GE try to bring this claim again that's what I'll do, not to mention the fact that they probably don't have a legal assignment - they will need to prove this was all done correctly and legally right the way back to FN Bank, which is doubtful, especially where Link is involved.

 

regards, Magda

 

Hi Magda

 

I think DonkeyB made some good points further up the thread, especially about hoping/accepting the assignment to Link being lawful and absolute.

 

It would have to be absolute for Link to have any right to action in their own name. So, if while they 'owned' the debt, they cocked thinks up, then all the better for you.

 

If it was lawfully and absolutely assigned to Link, then surely it should have been terminated first.

 

If Link took court action in an attempt to enforce payment of the alleged debt in full, then it would have to be already terminated, so somewhere along the line it must have been terminated!

 

Just posting the above to hopefully give you some further reassurance to what others have already said.

 

Did you ever establish whether the agreement was enforceable?

 

I'm off out for a while, so I probably won't be around to reply.

 

Cheers

Rob

[beachcomber60]

Hi Magda,

 

As you know I've just got a court claim from Link in connection with GE/First National.

 

Cant offer help as this is a new experience but I offer full support to you, lets go get 'um

 

Regards

 

Beachy

[MAGDA]

Hi Magda

 

I think DonkeyB made some good points further up the thread, especially about hoping/accepting the assignment to Link being lawful and absolute.

 

It would have to be absolute for Link to have any right to action in their own name. So, if while they 'owned' the debt, they cocked thinks up, then all the better for you.

 

If it was lawfully and absolutely assigned to Link, then surely it should have been terminated first.

 

If Link took court action in an attempt to enforce payment of the alleged debt in full, then it would have to be already terminated, so somewhere along the line it must have been terminated!

 

Just posting the above to hopefully give you some further reassurance to what others have already said.

 

Did you ever establish whether the agreement was enforceable?

 

I'm off out for a while, so I probably won't be around to reply.

 

Cheers

Rob

 

Hi Rob, thanks for the above. Yes, the agreement was enforceable, so my defence was based on other issues. Link still didn't have much of a claim though. No surprise there.

 

regards, Magda

 

Hi Magda,

 

As you know I've just got a court claim from Link in connection with GE/First National.

 

Cant offer help as this is a new experience but I offer full support to you, lets go get 'um

 

Regards

 

Beachy

 

Hi Beachy, Many thanks. I hope you wipe the floor with them as well, it's no more than they deserve.

 

best regards, Magda

[somad]

MAGDA...Glad you did well with Link our hearings on monday in nottingham, for redetermination as payplan filled 1st claim in ... what did you sya at your hearing or put in as your defence as we also have another claim from to fill in now for a 2md debt they have bought but they havent provided us wit the cca request in the given time....

[somad]

we had a defulat notoce from GE and not from link can link act upon that? can they also add there own default notices and charge over £130 if the account is terminated? more than twice in the last 3 months...

[MAGDA]

Hi Somad, I defended on the basis of the DN mainly, but also the Assignment, NoA and for one of the claims, also the cancellation rights which GE did not provide (or hadn't proved otherwise)

 

If GE defaulted you and it is in the prescribed form and allows enough time to rectify the default, then yes, Link can use that one in court, in fact they should, although sometimes if they discover the DN was defective prior to proceedings, they do sometimes issue another one, but if the account was terminated, then they shouldn't issue any 2nd DN at all because you can't default something that no longer exists. It seems your account was terminated, so is the GE DN in the prescribed form etc? If not, and they try to use it, you can base your defence on that as well as anything else you may have.

 

The thing is, once proceedings have started they can't rely on any documents they then produce, incl the DN. They shouldn't be adding all these charges on either, so you could look to claim these back.

 

Magda

[MAGDA]

Hi just wondering if anyone thinks it would be a good idea to write to GE Money pointing out that the account was allegedly defaulted and subsequently terminated in 2004, as verified in Link's Statement of Case when they took us to court, and it is this DN that therefore must be relied upon in any future court action.

 

Also to mention that they cannot enter another default on my credit file as one was already placed on the credit file back in 2004 and the same account cannot be repeatedly defaulted, although the name of the creditor may be changed.

 

what do you think? should I wait and see what happens or pre-empt them with a letter along the lines of the wording above.

 

Many thanks, magda

[angry cat]

Magda, if it were me then I would wait and see;

others may disagree.

 

Re: your DPA query, the following may be of benefit to you:

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2617109.html

 

AC

[MAGDA]

Hi AC, yes, think you are right. I wasn't sure whether to write to them or not, but think that might actually make the situation worse. Will wait and see what happens over the next few weeks - you never know, it may all just go quiet again (hopefully!!)

 

thanks for the 'Link' will have a look.

 

Many thanks, Magda

[MAGDA]

Just had a look at the post you proved the link to AC, will come in very useful. thanks for the info.

 

Magda

[angry cat]

They ride a coach and horses over the CCA and;

cock a snoop at the DPA also!

 

Up to the Consumer, to make them toe the line...!

[MAGDA]

Hi, just an update. Received two letter from GE today, one is a Notice of Demand stating that I have not complied with the DN and if I fail to pay the Arrears stated within 7 days the full balance of the Account will become payable. They've charged a fee of £25 for that letter. The second letter is a Notice relating to default sums with a charge of £60 for the DN mentioned.

 

It states further that after 28 days I will incur interest at over 17% annual.

 

Great news! this day started off really badly and it just keeps getting worse. Off to put my head in the oven now...

 

Magda

[angry cat]

No MAGDA, Only Turkeys in the oven at this time of year, please!

 

What is the date of the DN?

 

Chin up, your tough enough to deal with this...get the emotions out of the way, then put back on the 'thinkiing cap'

 

AC

[angry cat]

Just thinking out of the box...

isn't this debt factoring?

 

Or, Link have novated the debt back to GEMoney.

[angry cat]

Magda, another Link Financial company!:

 

Name & Registered Office:

LINK FINANCIAL OUTSOURCING LIMITED

CAMELFORD HOUSE

89 ALBERT EMBANKMENT

LONDON

UNITED KINGDOM

SE1 7TP

Company No. 07059696

 

 

 

 

 

Status: Active

Date of Incorporation: 28/10/2009

 

Country of Origin: United Kingdom

 

Company Type: Private Limited Company

Nature of Business (SIC(03)):

None Supplied

 

Accounting Reference Date: 30/11

Last Accounts Made Up To: (NO ACCOUNTS FILED)

Next Accounts Due: 31/07/2011

Last Return Made Up To:

Next Return Due: 25/11/2010

 

Previous Names:

No previous name information has been recorded over the last 20 years.

[DonkeyB]

I thought they'd issued a DN ages ago! They can't issue another DN. The account cannot be unterminated!

[MAGDA]

Many thanks AC and Donkey. I normally just take it in my stride most of the time, but today it all got a bit on top of me. One of those days. Will be back to normal tomorrow:)

 

The date of the original DN was back in 2004 AC, this one was dated so that they allowed nearly a month for me to rectify the default, so really covering their backs from that point of view.

 

Link claimed the debt was assigned absolutely (and this was confirmed by GE when I phoned to ask for details to send a SAR) and as far as I was aware the account was terminated, assigned and then Link took us to court. They seem to think it can just be passed back to GE when they no longer want it. I haven't received any new NoA, nothing. As Donkey mentioned they shouldn't be able to Default again once it is terminated surely.

 

If GE do take me to court I will be digging into these assignments a lot deeper, and the fact that I have already been defaulted almost 6 years ago.

 

I did post on the "Default Notice re-issue" thread as well and had a lot of good advice there also, so thanks all for your kind help, as always much appreciated.

 

take care, Magda

[angry cat]

"Will be back to normal tomorrow:)"

 

Of course, you will MAGDA you are made of sterner stuff!

 

We will have to take a very closer look at that DN.

 

In the meantime, get a good night sleep and remember;

Link gave up the ghost on this one...

 

I fall apart at times but then wake up in the morning and;

pick up my spears and arrows again.

 

Love

AC et al.

[MAGDA]

Many thanks AC, you are a constant source of encouragement, not to mention very valued advice!

 

Will be back to fight the good fight again tomorrow:)

 

All the best, Magda

[angry cat]

Excellent!

And, armed with many CAG soldiers at your side.

[beachcomber60]

Morning Magda,

 

Updated myself with your thread during the night.

 

Hope you have a better day today.

 

Beachy

[MAGDA]

Thanks Beachy, feeling a lot more positive today ready to do battle

again:)

 

regards, Magda

[semyaza]

Sorry to hear you have been down. All you can do is laugh . Especially at incompetence.

 

I think I will be in the same position in January if their letters are to go by. The last letter I got from GE just said they have the right to inform me every 6 months.