Asset Link Capital Judgment

[Phillum]

Asset Link Capital have taken a judgment out against me within 6 weeks for an amount I have no idea what for and now I don't know what to do? Do I go to the court direct? I have contacted Consumer Direct who took details and forwarded them to Trading Standards. HELP

Also I have drafted a letter to the court as follows >>>

I have received a judgment regarding the above claim by Asset Link Capital (No1) Ltd, dated 20th July 2007 in the sum of £1255.95.

I enclose a copy of Asset Link Capital (No1) Ltd’s initial correspondence dated 8th June 2007 which claims that I owe them £1043.95; I also received a court claim form dated 21st June 2007, claiming £1145.95 plus £110.00 court fee which I had no time to respond to due to work commitments.

Please note the differing amounts claimed to be owed.

When I received the initial letter from Asset Link Capital (No1) Ltd, I did not respond to it as I only have loans etc with my bank and none from any finance companies and regarded the letter as a hoax or [problem].

I dispute the claim/judgment as I do not recognise their Company, Account or Claim and the conflicting amounts and therefore I would like to know exactly in what regard this claim is for.

Please advise me how I can formally find out this information. Do I ask for a subject access request under the Data Protection Act or a request for the credit agreement etc under the CCA?

I shall write to Asset Link Capital (No1) Ltd and enquire why their company feels I owe them this money.

I have also contacted Consumer Direct to advise me on this matter.

Please help as I know not what to do next

[steven4064]

First thing is to write to Asset Link Capital requesting a copy of a properly executed agreement between you and them under s78(1) or s78(1) of the CCA 1974 (as amended), whichever they claim applies to your agreement with them, together with a statement signed by or on behalf of the Asset Link Capital showing, -

 

(a) the total sum paid under the agreement by you;

(b) the total sum which has become payable under the agreement by you

but remains unpaid, and the various amounts comprised in that total sum,

with the date when each became due; and

© the total sum which is to become payable under the agreement by you,

and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due.

 

Send them the statutory fee of £1 and tell them that they have 12 days in which to reply and that the account is in dispute forthwith.

[Phillum]

Thanks Steven, have done this now and will post response soon.

Just a note that the National Debt helpline advisor gave me was to state that you want a 'true' signed copy of the agreement not just a copy as she said they will supply you with just the blank form.... ho ho.

Templates need a tweek

[steven4064]

Actually the CAA just says "copy of executed agreement" - perhaps that needs tweeking too!

[Phillum]

Cheers yes

[Phillum]

I sent my requst for CCA to asset link by special delivery....guess what... I recieve a phone call today asking for payment in full !!! I reminded the woman I was disputing the case to which she replied @but we will have a judgment against you on 03/08/07' I said 'you already have dear'... 'oh yeah @ Cardiff CC' she said... lol.. I said 'No @ Northampton CC which I am defending' @ which point she was flustered as I think she thought I was a woos, long story short I reminded her of my rights and request and the bullishness disappeared. I reckon the CAG labels did myself

[Phillum]

That is the short version... but at least I typed as we went... maybe that did it... as they like a 'keyboard tap' to intimidate you

[Phillum]

Update since I post request for CCA... Asset link telephoned to ask for 6 copies of my signature plus Copy of my driving licence plus copy of my passport, is this legal???

[steven4064]

I think they are entitled to proved your ID and address - most people acccept a utility bill and passport or DL. THis request does seem OTT

[Phillum]

National debtline and consumer direct say it is a data protection Issue and to contact the Information Commisioner on 01625545740 and the Financial Omb, they say it can only be requested by a court.

Also had a letter from them stating that interest is still accruing and that they are going to apply for a charge order! not hanging about are they? ! Also today I shall send a letter asking only to contact me by letter this was on advice from ND and CD... is there a template for this anywhere?

[steven4064]

You don't need a template - just tell them what you want in plain English (eg Do not contact me by phone)

[Phillum]

After speaking to the Information Office reagrding the DPA issue and Cardiff CC, this is my letter that I have been advised to send...

With reference to the above account, I am requesting that from the above date, your company contacts me in writing only and not by telephone.

I make this request on advice after I received a call from Wayne Phillips on 07/08/2007 @ 14.48 PM stating that a ‘charge order is being sought’.

When I informed your representative that I had asked for a true signed copy of the original Credit Agreement I was told to supply your company: Quote ‘immediately 6 copies of my signature and a copy of my driving licence and a copy of my passport to avoid complications later.’ End quote.

I have spoken to the Information Commissioners Office regarding your request, and am now asking you to confirm in writing under what legislation under the Credit Consumer Act this pertains to as all I have requested from you is a true signed copy of the original Credit Agreement which is my legal right to do so, without frequent telephone calls from your Caerphilly Office which are bordering on harassment or intimidation.

Clarification on this matter is imperative as I can see no legal ground for this request.

There may also be a Data Protection Issue regarding this request and therefore request that you respond to these matters in writing.

I have contacted Cardiff County Court regarding the above and am advised similarly.

[Phillum]

Well, 12 days have passed and no Agreement from Asset Link, I was going to send off my N244 form but have been told to give them another 30 days, as the court will not accept 12 days as thier cut off date to enable me to say this CCJ was un-enforceable?

[Chris_w]

Be carefull what form of ID proof you send, a scanner and 6 sample signatures could be usefull to them!!! don't use any signed ID to prove who you are.

[Phillum]

Be carefull what form of ID proof you send, a scanner and 6 sample signatures could be usefull to them!!! don't use any signed ID to prove who you are.

Hi Chris this is exactly what I was told not to do.... cheers though M8,

 

Also new developments.... new letter as the 12 day workin ran out on the 16th Aug.... I have now sent this letter as per advice >>>

 

Thank you for your letters dated 03/08/2007 & 06/08/2007

 

With reference to the above account, I am surprised and dismayed that you are still taking these actions against myself so swiftly as the last telephone call I returned to your office from Wayne Phillips, regarding your prospective charge order against myself has been admitted to the court, I explained that I have no recollection of signing an agreement with you.

Therefore, I requested as per prior correspondence, that I need to clarify or in fact, ascertain whether I am legally liable for the amount you claim, duly because my former spouse has signed agreements, on behalf of myself, previously.

I had requested this information as per my letter dated 30/07/2007 under the Credit Consumer act 1974 ( as amended).

To date I have not received any correspondence from yourselves regarding this or my last letter dated 08/08/2007 requesting letter contact only.

Twelve working days have now elapsed since my enquiry under the credit consumer act 1974 ( as amended) , and I am now informing you that unless I receive the true signed copy or copies of the original agreement within the specified time period I shall be contacting Trading Standards regarding your actions, similarly I shall instigate counter proceedings against your company.

Please write to me confirming these requests by myself.

[noomill060]

subscribing

[Phillum]

is this 30 working days? or 30 days in after 12 working?

[steven4064]

Its actually one calendar month

[Phillum]

cool I shall wait until 15th Sept, but they are still going ahead with this charging order and have not replied to my previous two letters.

[Phillum]

well 42 days now pass and still no copy of credit agreement, what should I do now?

[steven4064]

I would write and remind them that you sent them a request under s77(1) of the CCA 1974 on xx/xx/xxxx and they have not replied within the statutory time period. Under s77(4) of the account is not enforceable and as a consequence you do not acknoweldge the debt. They have also committed an offence, a fact that you intend to communicate to the OFT and local Trading Standards. You trust that is the end of the matter.

 

(I can't rememeber all the details - if this is for a fixed-amount loan, then what I have written above is correct. If it is for a variable amount loan (eg credit card, catalogue) then replace s77(1) with s78(1) and s77(4) with s78(6).)

[Phillum]

Yes cheers Steven it is a fixed amount, I will do that and I think I will make a SAR also, just to cover all bases

[Phillum]

Thanks Steven, this is what I have sent to them >>>

With reference to the above account, I made a request under section 77(1) of the Credit Consumer Act 1974 on 30/07/2007 for a true signed copy by myself of any credit agreement.

To date I have not received a true signed copy of any agreement from you.

As you will be aware you have exceeded the statutory time period of 12 working days plus 30 calendar days to supply me with this paperwork.

Under section 77(4) of the Credit Consumer Act this account is therefore not enforceable under current legislation and as a consequence I do not acknowledge the debt. You have also committed a criminal offence under the legislation, a fact that I intend to communicate to the Office of Fair Trading and local Trading Standards. I trust that is the end of the matter.

What do you think?

[steven4064]

Looks good. Let's see what they say. (Nothing, ever, hopefully;))

[Phillum]

Thanks for that Steven, appreciate it.... I hope they get what they deserve.