Link Financial

[gray1509]

Hi everyone,
I'm in some desperate, urgent need of advice with regarding of this matter....

We had credit with GE Money, at the start of this year my own company went down the pan. The GE loan was one of the things that didn't get regularly paid. In July this year we received a demand from Link Financial to state that they were the new owners of the debt and we have to pay the full amount within 7days.
I contacted them regarding this and told them I wasn't going to pay anything to them as we hadn't received anything from GE to say that this was the case. Again the woman on the phone demanded full payment. We received court payments in August and we send off the relevant details. At the end of August we received a letter from the court to say that they had won in default.
I contacted the court to find out what had happened and they said that no papers had been recvieved.
It's now been moved down to Cardiff for enforcement of the action, which is that Link are demanding a legal charge be put on our house.

Can I do anything to stop this at all. I don't beleive that they have any rights to do this as we still to this day haven't received anything from GE to say that the debt had been sold onto Link. Link have been almost abusive in their handling of this matter, refusing to take any sort of payments, other than demanding full payment.

Can anyone also tell me if GE have done anything wrong by adding the PPI that was taken out to the total cost of the loan. Also that the PPI that they did sell us wasn't for the full term of the loan...

Thanks for any help...

[LuggerBugs]

Re: Link Financial

Was this a personal or business loan? A bit late in the day, but better late than never.

Two issues. The PPI, on the face of it, is totally unsuitable, since it neither coverrd the full term of the loan, nor would it have been be likely to be cost effective due to the benefit of having it being at, or worth less than, the cost of the insurance itself. At least.

More urgent is though, the CO. Come on you English/Welsh legal boffins... what's the protocols needed here for getting sight of the worthless agreement?

No point asking me. I'm both drunk and Scottish. Not necessarily in that order.

[Main man]

Re: Link Financial

Hi


Can I ask you where you returned your Court Papers to?

[gray1509]

Re: Link Financial

I sent the papers to Link...

Oh, and its a personal loan (anglian windows)

[Amethyst]

You need a N244 application form (download it from Her Majesty's Courts Service - Home
) and apply to set aside the default judgement and you need to also ask the charge order hearing is held until after the case has been set aside, defended and reheard.

Will need to see the original particulars of claim from the court papers, and also a copy of your defence you first entered.

Do you have proof of posting/stamp from court etc at all ? Or did you return papers to Link ? (edit Okay just read Arrghhhhhh I hate the courts for putting that you can communicate with the claimants on papers - not your fault, but seriously do you expect them to have submitted your defence to the court? - dont worry still fixable and actually a nice nail in Links coffin )

Will get you some info on set aside applications.

have a look at this link (oo a pun) Debt Factsheets - How to set aside a Judgment in the County Court

thats the basics - we'll help you with it, if you can post up the POC and your defence first

Also if you could jot down approx dates of any other communications with Link or offers you made to them (also have you had a deed of assignment / copy of original CCA etc/ letter before court action)

Also if you can type up the General form of judgment or order you received from the court too it would be helpful.


A set aside will basically take you back to when you have 14 days to submit your defence, but you do have to show you have a reasonable chance of success (swing judgment in your favour) hence needing so much info.

I sent the papers to Link...

Oh, and its a personal loan (anglian windows)

MainMan has just pointed something out from another thread elsewhere, did you receive two lots of court papers, one from court and one from Link ?

in Links covering letter did they state something like this

"As you are aware, a County Court Summons has been issued against you and we would urge you to complete this and return it to us at your earliest convenience to prevent a default judgment being obtained.

We trust this is of assistance to you and look forward to receiving your completed claim by return of post."

Do you still have that letter ?

[blackie]

Re: Link Financial

Be careful, Link got charging order on our house. We have been paying through Payplan to them since. However yesterday we got a letter from Abbey to say they were refunding our PPI and taking it off the debt, (which they are supposed to have sold to Link). Not sure now who I owe the debt to, if it is to Abbey, then surely Link have committed fraud by stating that they own the debt and placing a charging order on my house.