Court Claim - Asset Link Capital (NO1) Limited / - 26-11-2015

[BlueSkies]

Received a claim? Yes
Issue Date: 26-11-2015
Amount approx: 12000
Claimant: Asset Link Capital (NO1) Limited
Solicitor: Kearns Solicitors
Original Credit:

Particulars of Claim:
The Defendent(s) entered into an agreement with GE Money Consumer Lending Limited dated and opened on or around 14/09/2000 with reference number XXXXXXXXXXXXX in which credit was extended to the Defendant. The agreement is regulated by the Consumer Credit Act 1974. Default occured in payment, with a notice of default being served 05/09/2005 subsequent to which the loan was called in under Section.87 of that Act. by way of an Assignment between GE Money Consumer Lending Limited and the Claimant the benefit of the debt has been legally assigned from the effective date of 14/09/2005 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant(s) shortly thereafter. The Credit Agreement provided that interest would be payable before and after a Judgement. The right to proceed for subsequent interest is therefore reserved. Date 25/11/2015

Stat Barred? Yes

Have sent:

Other Info:
We think we recognise the debt but to be honest cannot be 100% sure.

[nemesis45]

Re: Court Claim - Asset Link Capital (NO1) Limited / - 26-11-2015

Received a claim? Yes
Issue Date: 26-11-2015
Amount approx: 12000
Claimant: Asset Link Capital (NO1) Limited
Solicitor: Kearns Solicitors
Original Credit:

Particulars of Claim:
The Defendent(s) entered into an agreement with GE Money Consumer Lending Limited dated and opened on or around 14/09/2000 with reference number 0024078950001 in which credit was extended to the Defendant. The agreement is regulated by the Consumer Credit Act 1974. Default occured in payment, with a notice of default being served 05/09/2005 subsequent to which the loan was called in under Section.87 of that Act. by way of an Assignment between GE Money Consumer Lending Limited and the Claimant the benefit of the debt has been legally assigned from the effective date of 14/09/2005 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant(s) shortly thereafter. The Credit Agreement provided that interest would be payable before and after a Judgement. The right to proceed for subsequent interest is therefore reserved. Date 25/11/2015

Stat Barred? Yes

Have sent:

Other Info:
We think we recognise the debt but to be honest cannot be 100% sure.

Hello welcome to LB,
Have you acknowledged service of the claim? If not do so at Money Claim Online (MCOL) state intention to defend in full.

Have any payments or written acknowledgments been made in respect to the alleged debt in the past 6 years? Statute Barred if so.

The process now is to end a CCA request to the claimant, this is for a copy of the AGREEMENT relevant to the alleged debt, there is a£1 statutory fee for this use a postal order endorsed " For Statutory Fee Only" the claimant has 12 + 2 working days to comply there is a template in the forum library, send by signed for post.
Next a request made under the provisions of Civil Procedure Rule 31.14 to Kearns ( no fee) this is for the documents mentioned in the particulars of claim only i.e. the agreement, the default notice. the notice of assignment.
Template in the library timescale 7 days.
We can stop this dead if you are absolutely sure on the SB Asset Link are know for trying this,

nem

[BlueSkies]

Re: Court Claim - Asset Link Capital (NO1) Limited / - 26-11-2015

Thank you nem. I haven't responded at all as yet. I haven't had any contact in the last six years I'm absolutely certain.
The last template you mention 7 days, am I too late?

[Kati]

Re: Court Claim - Asset Link Capital (NO1) Limited / - 26-11-2015

The last template you mention 7 days, am I too late?

no they have 7 days to respond :nod: xx

[BlueSkies]

Re: Court Claim - Asset Link Capital (NO1) Limited / - 26-11-2015

OMG just found a letter Link sent to my husband, it's a statement with payments dated 2012!!! 😔
I guess we're screwed.....gutted

[Kati]

Re: Court Claim - Asset Link Capital (NO1) Limited / - 26-11-2015

[MENTION=55034]nemesis45[/MENTION] [MENTION=6]Amethyst[/MENTION]??

[Amethyst]

Re: Court Claim - Asset Link Capital (NO1) Limited / - 26-11-2015

Not necessarily - you're sending a CCA request and CPR request off - they have to supply an original copy of the agreement to you --- they also won't have details of those 2012 payments until they go back to the original lender, so don't panic, and keep hold of that letter with your other documents so if the claimant does come back with dates/statements etc you can check they are correct.

[nemesis45]

Re: Court Claim - Asset Link Capital (NO1) Limited / - 26-11-2015

OMG just found a letter Link sent to my husband, it's a statement with payments dated 2012!!! 
I guess we're screwed.....gutted

Hello BlueSkies,
Who sent that statement?
Does it say how the payments were made?

nem

[BlueSkies]

Re: Court Claim - Asset Link Capital (NO1) Limited / - 26-11-2015

Link sent the statement. They were direct debits.