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Hello everyone.
I have been thoroughly researching this forum but could not find a case similar enough to my own so I wanted to make a post to get any additional help I could.
I received letters from Kearns Solicitors acting of behalf of Link Financial Limited saying that I needed to pay Link Financial Outsourcing Limited money for an old GE Capital Finance agreement.
After some research I decided to ignore them, mistake I know, as websites I consulted at the time advised that any acknowledgement could be considered accepting the debt etc.
Fast-forward to today and I have submitted my acknowledgement of service online after receiving a letter from the county court business centre. I intend to send the CCA request onto Link Financial Limited and the CRP request to Kearns solicitors today.
The particulars state that "[[the original agreement] was opened in 04/11/2005 and was terminated after the after the Defendant failed to comply with the terms....The default notice served on 07/04/2008.....[This] has been legally assigned to the claimant by way of Dead of Assignment with an effective date 17/04/2008......Regulated by the Consumer Credit Act 1974. Date 08/02/2017...."
Now I have discovered that specifically "Link Financial Limited" as it is stated in the Claimant box do not have FCA authority - their interim permissions lapsed in 2015. However "Link Financial Outsourcing Limited" are fully authorised and supposedly occupy the same building but are not mentioned on this letter at all, they were only referred to by Kearns in the letters they sent to me demanding payment. I spoke to the FCA and the gentleman seemed more concerned that Kearns themselves were instructing me to pay this company when they have never been FCA authorised and therefore not permitted to carry out debt collection but I felt this was less relevant. My question is does this support my defence in any way and should it be brought up?
Secondly I believe this debt to be statute barred. To my knowledge I have NEVER paid any money to this company - they even refer to the default in 2008 in the particulars which would be the last time I have even heard anything about it. I do not recall receiving a notice of assignment. My GE Finance became part of an IVA I entered into during 2006 and the default they are referring to must be when I informed my Insolvency Practitioner that I could no longer afford the IVA payments and essentially told me tough. All I could do was shrug and stop paying. I heard little else since then and I subsequently moved house in 2014. The IVA would have failed and was removed from my record in 2011 according to a recent credit check. I obtained a new bank account in 2010 and have only used this for everything I have paid for over the last six years.
Is the debt being statute barred enough of a defence? Should I simply state that?
I am sorry for the long post but if even one person offers the tiniest bit of extra help/advice I would be so grateful. I do not have the funds for independent legal advice.
Thank you all in advance!
Jjay
I have been thoroughly researching this forum but could not find a case similar enough to my own so I wanted to make a post to get any additional help I could.
I received letters from Kearns Solicitors acting of behalf of Link Financial Limited saying that I needed to pay Link Financial Outsourcing Limited money for an old GE Capital Finance agreement.
After some research I decided to ignore them, mistake I know, as websites I consulted at the time advised that any acknowledgement could be considered accepting the debt etc.
Fast-forward to today and I have submitted my acknowledgement of service online after receiving a letter from the county court business centre. I intend to send the CCA request onto Link Financial Limited and the CRP request to Kearns solicitors today.
The particulars state that "[[the original agreement] was opened in 04/11/2005 and was terminated after the after the Defendant failed to comply with the terms....The default notice served on 07/04/2008.....[This] has been legally assigned to the claimant by way of Dead of Assignment with an effective date 17/04/2008......Regulated by the Consumer Credit Act 1974. Date 08/02/2017...."
Now I have discovered that specifically "Link Financial Limited" as it is stated in the Claimant box do not have FCA authority - their interim permissions lapsed in 2015. However "Link Financial Outsourcing Limited" are fully authorised and supposedly occupy the same building but are not mentioned on this letter at all, they were only referred to by Kearns in the letters they sent to me demanding payment. I spoke to the FCA and the gentleman seemed more concerned that Kearns themselves were instructing me to pay this company when they have never been FCA authorised and therefore not permitted to carry out debt collection but I felt this was less relevant. My question is does this support my defence in any way and should it be brought up?
Secondly I believe this debt to be statute barred. To my knowledge I have NEVER paid any money to this company - they even refer to the default in 2008 in the particulars which would be the last time I have even heard anything about it. I do not recall receiving a notice of assignment. My GE Finance became part of an IVA I entered into during 2006 and the default they are referring to must be when I informed my Insolvency Practitioner that I could no longer afford the IVA payments and essentially told me tough. All I could do was shrug and stop paying. I heard little else since then and I subsequently moved house in 2014. The IVA would have failed and was removed from my record in 2011 according to a recent credit check. I obtained a new bank account in 2010 and have only used this for everything I have paid for over the last six years.
Is the debt being statute barred enough of a defence? Should I simply state that?
I am sorry for the long post but if even one person offers the tiniest bit of extra help/advice I would be so grateful. I do not have the funds for independent legal advice.
Thank you all in advance!
Jjay
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