Welcome Finance/ Link Financial two grand court claim

[vengence872]

Good morning, after browsing these forums over the last few months i have decided to become a member seeking advice.

Eight months ago i received a court claim from Link Financial over a welcome finance 2 grand loan from 2009. I do owe the money, that i am not disputing. Being unemployed on ESA i purchased a book called Small Claims Procedure in the County Court by Patricia Pearl where i have been taking advice besides this forum posts.. The time line is as follows:

The Debt has never been acknowledged to Link Financial

1. Court claim issued March 2014
2/ CPR 31.14 Request sent
3/ received default notice, agreement, blank assignment notice, brief statement of account
4/ Requested 28 day extension as to CPR 15.5 defence which was agreed.
5/ defence submitted.

inspect Deed of Assignment to confirm good title is effectual.

Van Lynn Developments Limited v Pelias Construction [1969] 1QB607 and HFO Capital Limited v Burney [2011] EW Misc 23 (CC)

Jones V Link Financial [2012] EWHC 2402 (QB) Supports that Link Financial , being the assignee of a debt is the creditor within the meaning of s.189 CCA 1974 (As Amended), Therefore is under statutory duty (s.86E(2) CCA 1974) to serve notice of Default sums before he can be entitled to enforce any credit agreement.


On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 with section 196 of the Law of Property Act 1925 and 82A of the Consumer Credit Act 1974

Directions questionaire received, returned to the court and Link Financial. I requested mediation. Recieved nothing back from Link or the court as to my request.

Last month judge has set trial date for January with all documents either party to rely on be exchanged 14 days before the trial.

There has been no Directions heariing, judge has decided one is not necessary it seems on contacting the court

My question is how am i to get a copy of the documents mentioned in my defence before the trial from Link Financial?

The judge has made no directions for link to produce the Deed of Assignment, the s.86 CCA 1974 notices etc. Only all document to be produced 14 days before the trial each party to rely on.

How can i put together a court bundle and argue a defence when i do not even have the documents?

Many thanks for your advice as i am at a loss how to continue

[Amethyst]

Re: Welcome Finance/ Link Financial two grand court claim

Hi

If you do not have documents asked for from Link Financial then you write your witness statement saying exactly that.

You do have some documents though -

3/ received default notice, agreement, blank assignment notice, brief statement of account

so you can attach those.

Could you post a copy of your original defence, the default notice and the agreement please. Redact personal information.

Are you defending solely on the assignment issue?

Welcome to the forum

Sharon xx

[vengence872]

Re: Welcome Finance/ Link Financial two grand court claim

1. It is not admitted with regards to the Respondent entering in to any Agreement referred to in the Particulars of Claim with the Claimant.

2. It is denied with regards to the Respondent owing any monies to the Claimant and the Claimant is put to strict proof to:

(a) show how the Defendant has reached the amount claimed for; and
(b) show how the Claimant has the legal right, either under statute or equity to issue a claim.

3. No notice of Default sums has been received from the original creditor as to s.86E(2) Consumer Credit Act 1974 (CCA)
4. S.86E(5) CCA stipulates that any notice not received as to s.86E(2) the creditor will not be entitled to enforce the agreement.
5. The Respondent avers that no Assignment notice has been received by the Respondent and puts the claimant to strict proof.
6. The Respondent avers that until the claimant, being an assignee of the debt has commenced proceedings to enforce the agreement, until the assignee complies with s.86E(2) of the CCA 1974, he is not entitled to enforce the agreement in contravention thereof by operation of s.86E(5)
7. Jones V Link Financial [2012] EWHC 2402 (QB) Supports that Link Financial, being the assignee of a debt is the creditor within the meaning of s.189 CCA 1974 (As Amended), Therefore is under statutory duty (s.86E(2) CCA 1974) to serve notice of Default sums before he can be entitled to enforce any credit agreement.

8. As per Civil Procedure icon Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

9. On the alternative, if the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 with section 196 of the Law of Property Act 1925 and 82A of the Consumer Credit Act 1974
10. If any assignment exists, the respondents requests an order to inspect such Deed of Assignment to confirm good title is effectual. The respondent will be relying on Van Lynn Developments Limited v Pelias Construction [1969] 1QB607 and HFO Capital Limited v Burney[2011] EW Misc 23 (CC) Case No: 1QC52520
11. For avoidance of doubt, the respondent is unable to plead effectively, or at all, to the particulars of claim without further clarification or disclosure.

12. By reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.