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

[inthewind]

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

But can I not use not having this info as my defence ? Making what they have provided me already binding on them as per section 3.6 of OFT1272 ?

[Angry Cat]

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

The OFT guidance, is simply guidance and not the law.

Use the CPR's; use them to your advantage.

[WendyB]

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

You need to submit some form of defence by the deadline, whether or not you have received full disclosure. You can put in a "holding" defence if this is the case. You must submit some form of defence otherwise you will end up with a judgement against you by default.

As an afterthought, when as the last time you actually acknowledged any debt to them? As i note they say the debt was assigned in August 2004, which by anyone's reckoning would make this debt almost 7 years old and therefore Statute Barred, but only if you have not acknowledged it or made any payment within the last 6 years.

[inthewind]

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

Sadly, the last payment was made around June 2009.

[Angry Cat]

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

You need to submit some form of defence by the deadline, whether or not you have received full disclosure. You can put in a "holding" defence if this is the case. You must submit some form of defence otherwise you will end up with a judgement against you by default.

The OP can apply for an extension under CPR15.5, if the Claimant does not comply with his/her CPR disclosure request:
PART 15 - DEFENCE AND REPLY - Ministry of Justice

[inthewind]

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

So do I need to defend the case or ask for a hold ? Either way, as part of my response, I need to do the CPR request at the same time & via the court or directly to the creditor ?

Am working my way through the link and getting even more confused. Should I get a solicitor involved ? Would their charges be awarded if I win the case ?

[inthewind]

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

Okay, my understanding now is that CPR 31.14 is my request for documents mentioned in their particulars of claim. The reason being I cannot decide how to plead without first having sight of the documents that they are basing their claim on. In which case I am not defending the claim as yet but asking for a hold in order to gain sight of said documents. Is this right ?

If so I'll get the 31.14 sent ASAP (To the creditor or court or both ?)

I guess you can only ask for documents which they are using in their particulars of claim, any other documents would need to be requested via a different CPR request or even a DSA ?

[Angry Cat]

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

You must acknowledge the claim within the timescale, this has already been advised.
Once, you have returned the claim form stating that you disagree with the claim The money claim will be transferred to your local county court .

Send your request for disclosure of documents to the Claimant.

[inthewind]

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

Hi, I've aknowledged the claim within the timescale and written my 31.14 request. Both sent recorded and have been received by them a while ago. I've not had anything back from either of them in over 2 weeks. Do I just leave it to them to chase me up, or should I be chasing them ?

I'd rather not go to court and am hoping that they've realised they've messed up and dropped the case, so not too keen on chasing them up to start any action against me.

[Amethyst]

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

Did you send the 31.14 to the court AND the claimant ? If you are concerned (and I expect it's about time you would be putting in your defence if an extension hasn't been granted) then give the court a quick call and check they have received everything and whether a holding defence (or appl for a formal extension) needs entering to ensure you don't get judgment by default.

[inthewind]

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

No, the 31.14 was only sent to the claimant as advised above. Do they not aknowledgedmy initial response and advise me that it's moved to my local court ?

Thanks again, I'll get on to them in the morning and see what they're up to. Is there a template for a follow up to the 31.14 I should send to the creditor as they've not aknowledged request in any way at all.

[inthewind]

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

Okay, so I called the court and they said I need to submit my defence by the 9th of July.

So is my defence a holding defence in that I've not received what I asked the creditor for ?
------------------------------- merged -------------------------------
Just read the 31.14 I sent and notice that at the bottom it says

“Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.”

So as they have not responded/complied, can I now ask for this to be struck out? If so, how do I go about doing this?

Sorry for all the questions, just clueless as to what needs to be done to not get a CCJ issued by default.

[inthewind]

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

Can anyone please help ?

I need to get this sent off by tomorrow to not miss my deadline.

[inthewind]

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

I have just received a reply from Link, just taking pictures of it now so I can upload it.

[TUTTSI]

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

I have reported the post to admin that you need help, so hopefully someone will be along soon.