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

[inthewind]

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

The letters they refer to from 2007 & 2009 are covering letters I sent with an income & expense summary (i've not uploaded them).

Their response refers to my CPR 31.14 request which stated

"Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following documents mentioned in your Particulars of Claim.

1. The agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

1. Deed of Assignment.

1. Deed of Sale.
   

1. Default Notice."

No idea where I stand now ? Can I ask for more time ? What other info can I ask Link for ? (They've not provided a Deed of Sale, or a default notice).

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[inthewind]

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

Removed (double posted as internet connection dropped).

[inthewind]

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

I've managed to get an extnetion to the 21st now.

[inthewind]

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

Okay, having gone through things in a little more details I've got the following:-

Account fell into arrears on Feb 2004, approx balance was £1,677
By Aug 2004 it had gone up to £1,992
I rang MBNA to ask about what charges were applied and the lady told me she could only go back 12 months on her system, so maybe an SAR needed here to get full details (would charges have any bearing on this case?)
Account numbers seem to have changed from what was initially on the first letter I got in 2004 to what I've received more recently. (There are three difference account numbers quoted between the companies that deal with this case since 2004.
My letter of assignment does not state the balance assigned, does this matter ?
I received a ;letter before action; in April 2001, the balance was £1885.36.
I received a letteradvising of litigation the same date that the CCJ form was issued (their charge for the litigation £102)
CCJ form claims debt of £1987.36 + interest of £183.94 (@ 8% from 25/02/2010 to 06/06/2011) totalling £2171.30 + £75 court fee = £2246.30.
CCA request was responded to with 2 of 4 pages, no APR stated, no current terms and conditions etc, just the original CCA. The statement of account was the last 12 months of payments, not since they took the account over in 2008.

I also spotted a number of letters requesting a statement of account and details of any charges that I had written over the years, I never received any information on any charges that had been applied to the account !

Now I just need to read up on DN's and the relevance of not being given enough time to remedy them. I also note, I never received a termination letter, but not sure if one is required before court action is started. Having not terminated the agreement, are they able to just issue a new DN which is compliant ?

Any thoughts on all this ? I'm tempted to get a solicitor but not sure if one is needed just yet or only if this goes to court as I'm not proficient in the legalities enough to make a stong defence with on the spot questions and cross examination (does that happen in these sorts of cases?).

Wow, so confused.........

[SpringerSpaniel]

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

I would make sure you enter a defence, which should be sent to the court, by the deadline for response so that you are not at risk of judgement in default being entered.

You can always seek leave to amend your defence if when you receive more information, new arguments appear.

Not having received requested disclosure is not sufficient reason not to file your defence in time.

You can though refer to the need for further and better particulars and reserve the right to extend the defence in the light of them when they are received.

[inthewind]

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

Just to give you all an update, I submitted my defence and they have now had their 28 + 5 days to 'counter' my defence so I will be calling the court in the morning to confirm that the claim is now 'stayed'.

I guess they figured they could just scare me off with the county court claim !