Link Financial - County Court Claim Form Received - Please Help !

[inthewind]

Hi, please can someone help. I've just received a Couty Court Claim form - I've never been to court before! I ignored their threats as I figures they didn't have a valid agreement and would never take any action.

I've attached what I think are the most important documents I've received over the years on this account. I CCA's the creditor back in 2009 and was given what looks like an application form (which I've just noticed I only received copies of pages 1 & 3, not sure if the other two were on the back f the originals [on the back side of pages 1 & 3]).

Can anyone tell me if this is enforcable ? Should I get a solicitor ? I'm very worried that I have very little time to respond and not sure what the best course of action is.

For those of you that may be on the CAG, I've also asked for their advice here.

Please see letters/docs attached.

First Default
Second Default
Page 1 of application form
Page 3 of application form
Letter before action
Default & Interest Letter
Court Docs:-
Page 1, 2, 3, 4, 5, 6, 7

Many thanks in advance for any help/advice you guys can give me

[Sparkie1723]

Re: Link Financial - County Court Claim Form Received - Please Help !

First thing that jumps out at me is that your agreement says it it between you and the Alliance and Leicester ( a Bank)

The Claim says that the debt the claim relates to is to MBNA ......you must have sight of the assignment documents.......in what they are saying there must have been an assignment from Alliance and leicester to MBNA ......and then one from MBNA to Link without both of them the Claim is invalid IMO.

I would put in your defence that they must produce these Deeds of Assignment to the Court.........just saying they have been assigned to them is not sufficient ..........................Defend the Claim under section 140 of the CCA Act especially 140B (9)

Also the address on the Court form for sending documents etc is not one of the recognised and stated principle places of business on their consumer Credit licence

Sparkie

My personal opinion ask a qualified person such as a solicitor or even the C. A. V.

[Angry Cat]

Re: Link Financial - County Court Claim Form Received - Please Help !

Make a CPR 31.14 request for full disclosure of documents, including the Deed Of Assignment and the Deed of Sale and the inception Terms & Conditions that related to the account at the point of opening same.
Send your request by Special Delivery, tomorrow!

[WendyB]

Re: Link Financial - County Court Claim Form Received - Please Help !

You have 14 days from the date that the claim is deemed served to acknowledge the claim. If you acknowledge, this will then give you a further 14 days in which to prepare and submit a defence. Acknowledge the claim saying you intend to defend all - you can always change this later if needs be. If it were me, I would leave it till the 13th or 14th day to acknowledge.

[Angry Cat]

Re: Link Financial - County Court Claim Form Received - Please Help !

Am surprised that Link would issue a Claim in relation to such a small amount that is allegedly owed?

Are you a house owner or, have a mortgage?

The following will provide some answers about how to deal with the Claim that you have received:
County Court Bulk Centre frequently asked questions

[Sparkie1723]

Re: Link Financial - County Court Claim Form Received - Please Help !

Having used Cpr 31 personally ....I must advise that it cannot be used if proceedings have started..........It is a very strict CPR and only to be used in potential proceedings nd even then you have got to convince the Court that you really do intend to issue proceedings.........you MUST use CPR 18...if you use CPR 31 the Court will throw it out .......I learned from some very good teachers The Right Bunch of Shysters.


Just my personal advise from first hand experience
sparkie

After thought I believe that the only way you will get these deeds of asignment is under a full discovery/disclosure order made by the Court

[Angry Cat]

Re: Link Financial - County Court Claim Form Received - Please Help !

Re: the Default Notice, 27th May 2004 was a Thursday and 31 May 2004 was UK Spring Bank Holiday 2004.

Also inthewind, you appear to have omitted page 2 of the Application form.

[Angry Cat]

Re: Link Financial - County Court Claim Form Received - Please Help !

Please see 31.14 & 31.15:
[ARCHIVED CONTENT] PART 31 - DISCLOSURE AND INSPECTION OF DOCUMENTS - Ministry of Justice

The OP has no idea what track the claim will be assigned to at this point...

[WendyB]

Re: Link Financial - County Court Claim Form Received - Please Help !

....... was given what looks like an application form (which I've just noticed I only received copies of pages 1 & 3, not sure if the other two were on the back f the originals [on the back side of pages 1 & 3]).

You may be right, pages 2 and 4 may be on the reverse of pages 1 and 3

[Angry Cat]

Re: Link Financial - County Court Claim Form Received - Please Help !

Originally Posted by inthewind
....... was given what looks like an application form (which I've just noticed I only received copies of pages 1 & 3, not sure if the other two were on the back f the originals [on the back side of pages 1 & 3

You may be right, pages 2 and 4 mat be on the reverse of pagesf 1 and 3

Naughty, Link Financial Limited, issuing a county court claim, when they hadn't even fully complied with your CCA request, fully.

As stated prior, your need to request FULL disclosure of documents from Link Financial, prior to submitting your defence!

However, you must acknowledge the Claim within the timescale allowed or, Link will obtain a judgement in default.

Inception terms & conditions;
Deed of Assignment;
Deed of Sale and;
not forgetting the slighty iffy DN [Emphasis Added]

[inthewind]

Re: Link Financial - County Court Claim Form Received - Please Help !

Hi, and a huge thanks to you all for your responses. I'll try to answer everything you've asked in order that you've asked.

Yes, originally it was with A&L, which was then (I belive) bought by MBNA, and the debt assigned to Link Financial. I have a letter from MBNA dated 11/08/2004 saying "Your outstanding balance due under the above account number has been sold to Link Financial"

I also have a letter from Link Fincial dated 20/08/2004 from Link introducing themselves as the new owners of the debt.

So to start wiht it looks like it is missing one deed of assignement from A&L to MBNA (unless takovers [if that's what happened] don't count?).

Not a home owner and it was an unsecured credit card account.

So my next action is to aknowledge the claim giving me another 14 days to defend it.

A few questions for you guys......

Does a Deed of Assignement need to be laid out in any particular way or contain certain information ? Or can it be as simple as the one I got saying pretty much 'debt sold to so & so'?

Can someone explain the difference between CPR 18 & CPR 31 please, or a link to any info on this ?

Can someone confirm if my understnading of the following is correct please. According to OFT1272 document under 3.6, it says that "Further, section 172(1) provides that a statement given under section 77, 78 or 79 is binding on the creditor or owner."

Does that mean that whatever they provided (in docs attached above) is all they can now use ? i.e. they can't dig out the other pages in court and say 'here you go, here is the full application form' ? In which case would I actually want full disclosure instead of using this defence ?

Also, I've checked and they didn't issue a statement of account along with the CCA request. Does that have any bearing ?

Again, thanks so much for your time to respond (especially as late as some of you were responding).

[Angry Cat]

Re: Link Financial - County Court Claim Form Received - Please Help !

Hi, and a huge thanks to you all for your responses. I'll try to answer everything you've asked in order that you've asked.

Yes, originally it was with A&L, which was then (I belive) bought by MBNA, and the debt assigned to Link Financial. I have a letter from MBNA dated 11/08/2004 saying "Your outstanding balance due under the above account number has been sold to Link Financial"

I also have a letter from Link Fincial dated 20/08/2004 from Link introducing themselves as the new owners of the debt.

So to start wiht it looks like it is missing one deed of assignement from A&L to MBNA (unless takovers [if that's what happened] don't count?).

Not a home owner and it was an unsecured credit card account.

So my next action is to aknowledge the claim giving me another 14 days to defend it.

A few questions for you guys......

Does a Deed of Assignement need to be laid out in any particular way or contain certain information ? Or can it be as simple as the one I got saying pretty much 'debt sold to so & so'?


Can someone explain the difference between CPR 18 & CPR 31 please, or a link to any info on this ?

Can someone confirm if my understnading of the following is correct please. According to OFT1272 document under 3.6, it says that "Further, section 172(1) provides that a statement given under section 77, 78 or 79 is binding on the creditor or owner."

Does that mean that whatever they provided (in docs attached above) is all they can now use ? i.e. they can't dig out the other pages in court and say 'here you go, here is the full application form' ? In which case would I actually want full disclosure instead of using this defence ?

Also, I've checked and they didn't issue a statement of account along with the CCA request. Does that have any bearing ?

Again, thanks so much for your time to respond (especially as late as some of you were responding).

The document that you received was the Notice of Assignment and not the actual Deed of Assignment. You need sight of both the Deed of Assignment and Deed of Sale!

It is clear that Link did not comply fully with your CCA request, as they did not provide the inception terms and conditions or, a statement of account. Pages 2 & 4 of the application form were not provided to you.

The following will explain how best to use CPR 18 and CPR 31.14/15:
CPR part 18 vs CPR 31.14 Confused? well read here

[Angry Cat]

Re: Link Financial - County Court Claim Form Received - Please Help !

Furthermore, the 2nd Default Notice served by Link Financial (part of a mass mailing) would be deemed ineffective as insufficient time was allowed for service.

[inthewind]

Re: Link Financial - County Court Claim Form Received - Please Help !

Thanks, will look into the CRP's now.

Can anyone help with my question about OFT1272 document ? Under section 3.6, it says that "Further, section 172(1) provides that a statement given under section 77, 78 or 79 is binding on the creditor or owner."

Does that mean that whatever they provided (in docs attached above) is all they can now use ? i.e. they can't dig out the other pages in court and say 'here you go, here is the full application form' ? In which case would I actually want full disclosure instead of using this defence ? (if it's a valid defence at all?)

[Angry Cat]

Re: Link Financial - County Court Claim Form Received - Please Help !

As previously stated, you need to obtain full disclosure prior to submitting your defence!