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I have an ongoing problem regarding a loan for a conservatory. At end of December I recieved a court summons from a company called Link Financial.
Throughout my own investigation I discovered that this related to the conservatory loan. There is no indication on the summons. It simply says
The Defendant(s) are indebted to the claimant under the terms of a credit agreement dated 19/07/2003, and assigned to the claimant. The agreement is regulated by the Consumer Credit Act 1974. The agreement provided that interest would be payable before and after a judgement. The right to proceed for subsequent interest is reserved. Default occured in payment and the loan was called in under S.87
I have no idea what all the above means. Despite requests over the years we have never had any paperwork relating to the conservatory. Call me naive but I didn't know I should have had copies handed to me at the time of signing.
Anyway, I have been assisted by Trading Standards over the past 2 years and now the Financial Ombudsman Service has taken on the case. Payments have been withheld since June 2009 due to GE Money failing to repair/replace the conservatory and the damage caused to my house.
When I recieved the claim I was ill following surgery and contracting swine flu so I got the extra time to deal with it. I also sent a letter on 12th Jan to Link asking for details of the case and all correspondence. I have had no reply to date and need to complete my defence by Friday.
Would the following be adequate please?
I have had no correspondence from Link Financial prior to recieving a court summons. I have sent a letter on 12th January 2010 asking for copies of all information they hold relating to this account, including notice of assignment. At present I have had no response.
Through my own investigations, I have concluded that this case is regarding a loan I have with GE Money. This regards a loan for a conservatory built by Radiant Supaglaze Windows Ltd who have goin into liquidation. The case is that the conservatory is not fit for purpose as it leaks, is coming away from the house, is sinking and the main house drain, which the installers moved has collapsed. We have had to have the conservatory rewired as all the electrics were spurred from a single plug socket and we have had to have the step into the conservatory rebuilt.
GE Money have been notified and aware since 2005 and have failed to respond to any correspondence or rectify the problem.
I have been advised by Trading Standards and in May 2009 sent a final warning letter to GE Money stating they had 28 days to propose their plans to repair or replace the conservatory and put right the damage to my property or payments would be withheld until a resolution was reached. As no such proposal was reached, payments have been withheld. As I had followed all the advice given by Trading Standards and was not getting a resolution, I was advised that the next step would be a complaint to the Ombudsman. The case has now been taken up by the Financial Ombudsman Service who are attempting to reach a resolution. The case number is ************
I have no knowledge of Link Financial being assigned any debt. If such notice does exist, I dispute the validity as this is an account that is in dispute and neither GE Money nor Link Financial have issued any pre action notification.
Payments to GE Money have not stopped leaving my account, they are simply being held in a seperate account in an effort to get this resolved.
I do not acknowledge any debt to Link Financial. I did get a statement from Link Financial, however this was issued after the court summons had been recieved and was the only correspondence I have recieved. I did telephone them after recieving the summons to find out what this was all about and all I was asked was how I would pay. They would not listen to any explanation that this account was not in debt, it was in dispute. The lady I spoke to simply said they would get a charge on my house and would make life difficult for me. At this point I ended the call.
I intend to defent any action by Link Financial on the basis that
1, I was not communicated with regarding any notice of assignment
2, The account is in dispute and the case is with the Ombudsman
3, No pre action letter has ever been recieved.
4, To date Link Financial have failed to provide any details as to why they are chasing the debt.
I have an ongoing problem regarding a loan for a conservatory. At end of December I recieved a court summons from a company called Link Financial.
Throughout my own investigation I discovered that this related to the conservatory loan. There is no indication on the summons. It simply says
The Defendant(s) are indebted to the claimant under the terms of a credit agreement dated 19/07/2003, and assigned to the claimant. The agreement is regulated by the Consumer Credit Act 1974. The agreement provided that interest would be payable before and after a judgement. The right to proceed for subsequent interest is reserved. Default occured in payment and the loan was called in under S.87
I have no idea what all the above means. Despite requests over the years we have never had any paperwork relating to the conservatory. Call me naive but I didn't know I should have had copies handed to me at the time of signing.
Anyway, I have been assisted by Trading Standards over the past 2 years and now the Financial Ombudsman Service has taken on the case. Payments have been withheld since June 2009 due to GE Money failing to repair/replace the conservatory and the damage caused to my house.
When I recieved the claim I was ill following surgery and contracting swine flu so I got the extra time to deal with it. I also sent a letter on 12th Jan to Link asking for details of the case and all correspondence. I have had no reply to date and need to complete my defence by Friday.
Would the following be adequate please?
I have had no correspondence from Link Financial prior to recieving a court summons. I have sent a letter on 12th January 2010 asking for copies of all information they hold relating to this account, including notice of assignment. At present I have had no response.
Through my own investigations, I have concluded that this case is regarding a loan I have with GE Money. This regards a loan for a conservatory built by Radiant Supaglaze Windows Ltd who have goin into liquidation. The case is that the conservatory is not fit for purpose as it leaks, is coming away from the house, is sinking and the main house drain, which the installers moved has collapsed. We have had to have the conservatory rewired as all the electrics were spurred from a single plug socket and we have had to have the step into the conservatory rebuilt.
GE Money have been notified and aware since 2005 and have failed to respond to any correspondence or rectify the problem.
I have been advised by Trading Standards and in May 2009 sent a final warning letter to GE Money stating they had 28 days to propose their plans to repair or replace the conservatory and put right the damage to my property or payments would be withheld until a resolution was reached. As no such proposal was reached, payments have been withheld. As I had followed all the advice given by Trading Standards and was not getting a resolution, I was advised that the next step would be a complaint to the Ombudsman. The case has now been taken up by the Financial Ombudsman Service who are attempting to reach a resolution. The case number is ************
I have no knowledge of Link Financial being assigned any debt. If such notice does exist, I dispute the validity as this is an account that is in dispute and neither GE Money nor Link Financial have issued any pre action notification.
Payments to GE Money have not stopped leaving my account, they are simply being held in a seperate account in an effort to get this resolved.
I do not acknowledge any debt to Link Financial. I did get a statement from Link Financial, however this was issued after the court summons had been recieved and was the only correspondence I have recieved. I did telephone them after recieving the summons to find out what this was all about and all I was asked was how I would pay. They would not listen to any explanation that this account was not in debt, it was in dispute. The lady I spoke to simply said they would get a charge on my house and would make life difficult for me. At this point I ended the call.
I intend to defent any action by Link Financial on the basis that
1, I was not communicated with regarding any notice of assignment
2, The account is in dispute and the case is with the Ombudsman
3, No pre action letter has ever been recieved.
4, To date Link Financial have failed to provide any details as to why they are chasing the debt.
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