Bailiff Letter Received

[silverdel]

My situation has just taken another nose dive, not only am I fighting repossession of my home(see thread "help needed with Bryan Carters" I have this morning received a letter "Warrant of Execution" from the local county court for a debt £7035.00 that LINK FINANCIAL purchased from Ford Motor Credit, what do I do now? how do I respond? what are my options?
IN OTHER WORDS HELP!!!!

[Amy]

Re: Bailiff Letter Received

Do you owe this money? Were you aware you were being taken to court?

Have a read of this Bailiff Guide - Legal Beagles

[silverdel]

Re: Bailiff Letter Received

Hi Wendy, I have always disputed the amount with Link, I had an agreement with Ford but unfortunately the debt of under £5k was sold to Link, the first I knew of this escalated action was today by post.

[Amy]

Re: Bailiff Letter Received

You had no knowledge of this court action, so it will need to be set-aside.

See post #2 here help Cabot and CCJ - Legal Beagles

[silverdel]

Re: Bailiff Letter Received

Amy How do I go about this action?

[Amy]

Re: Bailiff Letter Received

In the first instance you should telephone the court and explain your situation and see what advice they offer you, but if you wish to have the judgment set-aside you will need to download the N244.

Did you receive any paperwork relating to the court claim at all, or was the first you knew about when the Warrant of Execution landed?

[silverdel]

Re: Bailiff Letter Received

I had paperwork from the court in relation to the debt, that is LINK applied to the court as the debt was originaly my car loan, LINK bought the debt and demanded the car back, I asked if I could sell it privately they gave written permission to do so, I sold the car for less than the demanded amount, unfortunately for LINK the cheque went into my bank account( I did not realise this btw) but it was more or less devoured by bank charges, what was left stopped me from losing my home when my mortgage company threatened repossession.
At the time thought I would be ok , as I had a case ongoing for injuries received at work,but this case is just dragging its heels(not expected to go to court 'till Jan next year.
Had no other letters from LINK until the warrant turned up. Thats where I am now.

[Guest]

Re: Bailiff Letter Received

You have file an N245 to have the Warrant of Execution stayed, but you will need a reason. Presumably LINK obtained a default judgment, which in itself may be enough to stay the warrant, but only if you actually do have a defence.

Since the judgment debt may not be accurate, if the original debt was under £5k yet has now reached over £7k, it may be that you will be successful in having this warrant stayed and the original judgment set aside, but you will have to act now.

Once the warrant is stayed, you may apply to have the judgment set aside, using an N244, both this and the N245 can be downloaded from here. Her Majesty's Courts Service - Home

[silverdel]

Re: Bailiff Letter Received

Any guidance on how to complete the form N" please?"

[Amy]

Re: Bailiff Letter Received

Which part are you stuck on?

[silverdel]

Re: Bailiff Letter Received

I need help in completing parts b and c not sure how to word the form

[Amy]

Re: Bailiff Letter Received

Read post #8 again, you need the N245 first http://www.hmcourts-service.gov.uk/c.../n245_0204.pdf

[silverdel]

Re: Bailiff Letter Received

Ok Amy that form is similar to the form I completed at CAB today, it may just mean copying the data on to the N245.

[Amy]

Re: Bailiff Letter Received

You need to get the warrant stayed first (N245) and then apply to have it set aside (N244).

[Curlyben]

Re: Bailiff Letter Received

Don't forget about the validity of the assignment between Link and Ford.
Link have a Debt Purchase arm known as Asset Link Capital (No1) Limited.
Asset Link Capital (No 1) Limited then instructs Link Financial limited to collect the debt as appointed debt collectors. Therefore it is most likely that, if a debt owed by the Defendant had been assigned from a creditor, the assignees would be Asset Link Capital (No1) Limited therefore the Link Financial limited would not have title to sue the Defendant. So if Link Financial are the claiment in this case it is extremely doubtful they have the correct assignment paperwork and so this whole action is unlawful..

Naughty people