Link CCJ for A barclaycard debt - going for a set aside.

[detectall]

Right...here goes...

 

After several telephone calls from Link Financial back in 2003, where I offered to repay a debt by installments (these were refused)

I heard nothing until a letter where they threatened tol take me to court.

 

Soon after this letter a summons duly appeared.

I panicked and did not complete a defence but requested to pay installments again.

 

The judgement arrived - having been processed at the County Court Bulk Centre in Nottingham - it was stating that I was to make monthly payments of a much higher amount than I could afford and so I applied to have these payments reduced.

The case was then listed for transfer to a Court near my home.

 

Meanwhile I found this forum and realised that Link Financial could well be acting unlawfully.

I requested that they send me the CCA etc and paid my £1 fee.

 

Although my letter to them was acknowledged, they have not sent any info that I requested (more than 2 months ago).

I am still waiting for a date for the Court hearing from my local Court, could anyone please advise me as to what steps to take next???

[Timsta]

I would amend the claim to include that the CCA wasn't complied with. This is an absolute defence, however, since a judgement had already taken place, I don't know if it would work as well.

 

I would also wait for someone more knowledgeable than I to come along and advise!

[detectall]

Thank you for your reply. I wish that I'd found this site a long time ago. Link Financial are the most under handed bunch of people I've ever come across. I have to complete an application form from my local court stating my defence and I'm at a loss at the moment but I have to return it in the next few days.

 

Still haven't received signed copy of credit agreement and it's been 13 weeks since the request. I have sent a S.A.R - (Subject Access Request) but I'll be surprised if they respond within 40 days. It seems that the courts will process an application for a CCJ without any concern as to whether the creditor possess a deed of assignment, an original signed copy of the credit agreement, or statements of account. This is staggering!!!

 

Does anyone know if there is a template for draughting a letter of complaint to Trading Standards? I really need some advice with this. Thanks.

[detectall]

I’ve posted previously but was a bit disappointed by the lack of response, so here goes again in more detail.

 

In Aug 2003 after making repayments to Barclaycard for 12 months, they informed me not to pay any more to them.

 

In Sept, Oct, Nov 2003, I received a number of phone calls on my works mobile number (how they got this is beyond me) from someone representing Link which then became Link Financial. The caller said they now owned the debt and wanted full payment in one go.

 

The calls were quite menacing and demanded that I get the money from my parents (both deceased), from family, from friends and finally that I should get a bank loan for the full amount. On every occasion I offered monthly repayments but they were always refused and full payment was demanded.

 

January 2004, I left my job to go self employed and the phone calls ceased, I heard nothing more until late 2005 when I received an email supposedly from Link stating that they would not give up pursuing the debt.

 

Between Oct 2004 and June 2007 there has been little spare time as I’ve worked hard to get my business on it’s feet and been involved in court actions regarding my ex wife.

 

March 2007, a letter arrived from Link Financial – an LBA.

Within A few days a claim form from Northampton County Court followed.

 

Link Financial had applied for a CCJ against me including a huge amount of interest.

Stressed to the eyeballs, I filled it out including income and expenditure showing that I could afford repayments of £25/month and returned it.

 

I then got the judgement stating I had to repay £220/month.

I requested smaller payments and received a letter stating my case was to go before the local county court and an application notice, to be completed and returned to my local county court – I haven’t got a clue about this.

 

I discovered this website after hours of searching for answers as to how Link Financial could do what they have done, especially when I have repeatedly offered monthly repayments. This forum is a real eye opener.

 

I have CCA (inc £1.00 fee) Link Financial 15 May 2007, not yet received any information requested and they have paid the £1.00 postal order to my outstanding debt.

I have also sent them an SAR (inc £10.00 fee) 10 August 2007, but I doubt they will comply with this.

 

I am of the opinion that their application for a CCJ was made without having a copy of a signed credit agreement or deed of assignment .

I think I am right in saying that a DCA whilst not having to show a deed of assignment or signed copy of the original credit agreement to the courts when making an application, they must at the time of application hold the required documentation within their files? – Or am I wrong about this?

 

I want to fight this in court, for all I know they may not even legally own this debt as I only have their say so.

I want the judge to strike out the existing CCJ as Link Financial have applied for it unlawfully.

PLEASE CAN ANYBODY ADVISE OR HELP ME

[Eddownrobway07]

hi detectall,

 

I would go 1 step at a time, they have to send you the CCA within 12days, see what happens, if they don't send it and continue to to attempt to collect the debt after 1 month; you can report them to Trading Standards. This is my understanding anyway and a look through some of threads here should confirm it-Stay in the Debt collecter section.

 

Do you have copies of the offers you sent, I am surprised they did not accept any of them? at any rate if you really can only afford £25 pm, then the court ought to agree to that.

 

Regards removing CCJ's , not a clue, have not got that far yet!

 

[PriorityOne]

As there is already a CCJ.... you cannot withhold payment on the basis of no CCA. Judgement has already been made against you. The only way forward would be to look into getting the CCJ set aside....

[detectall]

Thanks for the replies so far.....

I am at present looking at having the CCJ set aside in order to then be able to make a defence - it's how to go about having it set aside that I'm looking for some help with!

[rory32]

I am at present looking at having the CCJ set aside in order to then be able to make a defence - it's how to go about having it set aside that I'm looking for some help with!

This link should help you Removal of CCJ's - Valid reasons to have your judgements set aside

 

If you have valid reasons then you will need to fill out form N244.

[detectall]

Thanks very much for that link rory - it should help me to get a really good start!

[detectall]

Update

 

Have applied to court for judgment to be set aside citing lack of default notice from DCA plus various breaches by them with regard to the rules governing credit licence holder guidelines.

 

Still no compliance with my CCA request (made 15 May 2007). SAR has until 20 Sept for them to comply.

 

Trading standards contacted re compliants as to DCA's disregard of OFT guidelines and CCA.

 

Question.

Is there anything in law that could go against my case if I have to divulge information to Trading Standards in the course of their investigstion which I may rely upon in court?

[detectall]

Hi again,

 

Doing research for court case (removal of CCJ). Regarding CCA 1974 s59.1

 

59.--(1) An agreement is void if, and to the extent that, it purports to bind a person to

enter as debtor or hirer into a prospective regulated agreement.

 

Can anyone translate to laymans terms please, hours reading through this act have scrambled my remaining intact braincell.

 

Must be having a senior moment!!!

[PriorityOne]

I think it might mean that it's void unless signed...."prospective Agreement"..... but someone else will have to clarify properly.

[Curlyben]

I agree with P1 here.

s59 is concern with pre-(UN)executed agreements.

This is PART V

ENTRY INTO CREDIT OR HIRE AGREEMENTS

Preliminary matters.

 

The whole of section five needs to be read rather than simply picking on one section