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Northampton court from Asset Link

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  • Northampton court from Asset Link

    Hi, I've received a letter from Northampton Court today about a debt from Asset Link Capital. I'm extremely worried as a CCJ could result in me losing my job.


    Received a claim? Yes/No:
    Yes


    Issue Date:23rdNovember 2018


    Have you Acknowledged the Claim?:No


    Total Amount Claimed: £1600


    Claimant’s Name:Asset Link Capital


    Solicitors Firm:Kearns Solicitors


    Original Creditor:Newday LTD


    Original Debt (eg. Credit card/Loan/Overdraft) : Store Card


    Particulars of Claim: The claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXX and opened effective from 14/03/2013. The agreement is regulated by the Consumer Credit Act 1974, which was signed by the Defendant and from which credit was extended to the defendant. The defendant failed to make payment as required and by 26/06/2018 a default was recorded. As at 09/07/2018 the defendant owed NewDay XXXX. By an agreement in writing the benefit of the debt was legally assigned to the claimant effective 09/07/2018 and made regular upon the claimant serving a Notice of Assignment upon the defendant shortly thereafter. And the claimant claims XXX Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per anum from XXX to XX. And therefore at a daily rate of 28 to date of judgement or sooner payment.

    Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No it is not statue barred.


    List any letters you have sent (eg: CCA/ CPR ): None


    Any Other Information or Background Details:This is a store card that I applied for instore shortly after turning 18. Originally the credit was underwritten by Santander but since then NewDay has bought them out.
    Last edited by nigrub; 30th November 2018, 21:03:PM.
    Tags: None

  • #2
    Hi,

    Okay, you're not guaranteed to get a judgment against you just because they have issued a claim.... so you should get them to evidence their case ( which being an in store application they may find difficult - do they get you complete a form or is it an online type application? and how do you sign anything? ) …. but while you do that be prepared to negotiate an out of court settlement ( Installment under a Tomlin / Consent Order - if need be ) to protect your job.

    1st thing is to Acknowledge Claim with intent to defend in full. This is not binding but it does give you 28 days from service instead of 14 to work out what to do.

    2nd send a
    Subject Access Request Letter to Newday - there may have been PPI on the card, and the rest of the SAR will be useful further down the line - and you'll have a good idea if the relevant documents are available.

    3rd - CCA Request
    to Asset Link

    CPR 31.14 Request
    to Kearns



    Your Defence will be due in at Christmas - so make a BIG NOTE somewhere so you don't forget. Do it early if need be to be sure.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment


    • #3
      Thank you.

      I'll acknowledge the claim first thing in the morning & get those letters ready to be sent on Monday. I've added reminders on my calendar as well.

      If I remember correctly the application was done via their POS terminals, however the agreement was all signed via paper

      Comment


      • #4
        Follow the normal stuff people post but then write to Kearns Solicitors & ask them the exact company name & registration number of their client "Asset Link Capital"

        Because on companies house website we have: ASSET LINK CAPITAL (HOLDINGS) LIMITED

        ASSET LINK CAPITAL (NO. 5) LIMITED

        ASSET LINK CAPITAL (NO.1) LTD

        ASSET LINK CAPITAL (NO 3) LIMITED

        ASSET LINK CAPITAL (NO 2) LIMITED

        ASSET LINK CAPITAL 3 (HOLDINGS) LIMITED

        ASSET LINK CAPITAL 2 (HOLDINGS) LIMITED


        That will wind them up...

        Also they are all expired on the fca website https://register.fca.org.uk/shpo_sea...=3wq1nht7eg7tr

        Comment


        • #5
          It should have the full name of the Claimant on the claim... is it No 5? I believe they come under Link Financial now... but will check. ( hmm doesn't seem to - https://register.fca.org.uk/ShPo_Fir...000000NMgbkAAD nor https://register.fca.org.uk/ShPo_Fir...X000044Dot7QAC ) Might be worth enquiring with the FCA if the claimant is authorised.
          Actually - did they write to you before issuing the claim ? and does their letter have their FCA reg on?
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Apologies, the full claimant is ASSET LINK CAPITAL (NO5) LIMITED.

            Hopefully thats good news that they're lapsed on the FCA?

            Comment


            • #7
              Originally posted by nigrub View Post
              Thank you.

              I'll acknowledge the claim first thing in the morning & get those letters ready to be sent on Monday. I've added reminders on my calendar as well.

              If I remember correctly the application was done via their POS terminals, however the agreement was all signed via paper
              Ace They will need the copy of the paper agreement really, although they can provide a recon of the terms, the details need to be correct.
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Originally posted by nigrub View Post
                Apologies, the full claimant is ASSET LINK CAPITAL (NO5) LIMITED
                Interesting maybe GB has hit on something there.... see if you have any letters from them with an FCA ref on ( usually it'd be in the footer )

                GB - the co house accounts might be of interest for Nov 17 and Nov 16.
                #staysafestayhome

                Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                Received a Court Claim? Read >>>>> First Steps

                Comment


                • #9
                  I'll have a look around tomorrow, but I have a terrible feeling I put it in the bin

                  Comment


                  • #10
                    Originally posted by Amethyst View Post

                    GB - the co house accounts might be of interest for Nov 17 and Nov 16.
                    Which company ? No5 has no updates on those dates.

                    Comment


                    • #11
                      I don't blame you tbh, have a quick look because it'd be good to know which one they are using, but don't stress about it, we'll figure it out, and they are likely covered by Link Financial - there's some court stuff happening at the moment with regarding SPV's ( Asset Link ) using their 'parent's' FCA authorisation... all a little uncertain at the moment, so unlikely to affect you directly.
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Originally posted by GBExile View Post

                        Which company ? No5 has no updates on those dates.
                        03 Apr 2018 Full accounts made up to 30 November 2017 View PDF Full accounts made up to 30 November 2017 - link opens in a new window - 16 pages (16 pages)
                        20 Jun 2017 Full accounts made up to 30 November 2016 View PDF Full accounts made up to 30 November 2016 - link opens in a new window - 16 pages (16 pages)
                        #staysafestayhome

                        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                        Received a Court Claim? Read >>>>> First Steps

                        Comment


                        • #13
                          Originally posted by nigrub View Post
                          I'll have a look around tomorrow, but I have a terrible feeling I put it in the bin
                          In the bin is probably where it deserves to be.

                          Come on. Do your best. People on here to help (not me in a legal capacity but blow me it is interesting how much money these guys make bypassing the law)

                          They win by default in most occasions because people just ignore it. If someone fights the majority of times they win

                          Comment


                          • #14
                            The claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXX and opened effective from 14/03/2013. The agreement is regulated by the Consumer Credit Act 1974, which was signed by the Defendant and from which credit was extended to the defendant. The defendant failed to make payment as required and by 26/06/2018 a default was recorded. As at 09/07/2018 the defendant owed NewDay XXXX. By an agreement in writing the benefit of the debt was legally assigned to the claimant effective 09/07/2018 and made regular upon the claimant serving a Notice of Assignment upon the defendant shortly thereafter. And the claimant claims XXX Interest pursuant to Section 69 County Court Act (1984) at a rate of 8% per anum from XXX to XX. And therefore at a daily rate of 28 to date of judgement or sooner payment.
                            In your CPR 31.14 request to Kearns ask for

                            1: Signed Agreement
                            2: Agreement in Writing assigning debt to Claimant
                            3: Notice of Assignment
                            4: Notice of Default

                            ( also just notice this only Defaulted in June 2018 ? - blimey that's quick work to come to court - usually takes them a couple years to get around to it - do you think the letter you binned was a letter before action/letter of claim (with an IE sheet and reply form attached )? They have to give 30 days for you to respond to that so that only takes them back to mid October … weirdly fast )
                            #staysafestayhome

                            Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                            Received a Court Claim? Read >>>>> First Steps

                            Comment


                            • #15
                              Originally posted by Amethyst View Post

                              ( also just notice this only Defaulted in June 2018 ? - blimey that's quick work to come to court - usually takes them a couple years to get around to it - do you think the letter you binned was a letter before action/letter of claim (with an IE sheet and reply form attached )? They have to give 30 days for you to respond to that so that only takes them back to mid October … weirdly fast )
                              Yeah the letter would be the letter before action. I live with my parents and I didn't want them to find out about my situation. I'm currently dealing with Stepchange and going onto a DMP in the new year. I know I should've responded to that letter link set but I've had so much going on personally & professionally it just slipped my mind.

                              Comment

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