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link financial - court papers already!!

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louietudor
louietudor Posts: 273 Forumite
in Debt-free wannabe
my debt with ge bank was passed to link financial only last month and today i received court papers!!! - im on a dmp with payplan and cant get hold of them till Monday but im ever so worried - not sure what to think - the debt is £5000.00 and im in a shared ownership property ( 50/50) with a housing association - i suppose they want to attach my half

any advise would be helpful
«1345678

Comments

  • RAS
    RAS Posts: 35,587 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Hi

    First thing - DO NOT pass the court papers to Payplan as they will file and admission on your behalf.

    second thing, i presume you have default letters and a termination letter from GE? Please can you post them on here, as an image, and pm 10past6 to come and look at them.

    you may be able to defend the case.
    If you've have not made a mistake, you've made nothing
  • longforthesun
    longforthesun Posts: 699 Forumite
    Louietudor I can not offer you any advise on how to proceed with this but I will be following your thread as last week MBNA sold my debt to link financial.

    I contacted them when I received their letter and told them I was with CCCS, they asked for my reference with them and told me they will deal with CCCS. I also gave CCCS links details. So far I have not heard anything.

    Good luck with it all.
    February 2013 NSD - 4
  • 10past6
    10past6 Posts: 4,962 Forumite
    louietudor wrote: »
    im on a dmp with payplan and cant get hold of them till Monday
    My advice

    DO NOT INFORM PAYPLAN OF ANY LITIGATION CASE.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    I second the advice NOT to inform Payplan.

    On the 'Claim form' there should be a section marked 'defence'. You should fill this section in, stating that you are on a DMP and have been paying £xx a month towards this debt for the last xx months. This is based upon your income/expenditure and was the amount reccomended/negociated by your DMP manager - I am, of course, assumoing that the Bank had agreed to the monthly payment.
    You should also state that this debt has only just been passed on to Link Financial and that you are able to continue paying at the same rate, through your DMP.
    If the claim has been issued through the Northampton 'Bulk Handling' County Court, then the fact that you submit a defence should mean that the case is moved to your local County Court, in order that you may, if necessary, attend the hearing.
    Most Courts will see, by virtue of the fact that you are on a DMP, that you are not trying to avoid your debts and are unlikely to order that you make higher payments to Link. Equally, any resultant CCJ will be just as binding on Link as it is on you.
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • 10past6
    10past6 Posts: 4,962 Forumite
    Good advice from rog2, and no disrepect to rog2, but it's important to know the facts prior to admitting any claim, has the Creditor / DCA followed the correct path when commencing a litigation case against you.

    Have you received a default notice & termination letter?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • rog2
    rog2 Posts: 11,650 Forumite
    10,000 Posts Combo Breaker
    10past6 wrote: »
    it's important to know the facts prior to admitting any claim, has the Creditor / DCA followed the correct path when commencing a litigation case against you.

    Have you received a default notice & termination letter?

    True - and you can get some very good information from Community Legal Advice - www.communitylegaladvice.org.uk
    I am NOT, nor do I profess to be, a Qualified Debt Adviser. I have made MANY mistakes and have OFTEN been the unwitting victim of the the shamefull tactics of the Financial Industry.
    If any of my experiences, or the knowledge that I have gained from those experiences, can help anyone who finds themselves in similar circumstances, then my experiences have not been in vain.

    HMRC Bankruptcy Statistic - 26th October 2006 - 23rd April 2007 BCSC Member No. 7

    DFW Nerd # 166 PROUD TO BE DEALING WITH MY DEBTS
  • louietudor
    louietudor Posts: 273 Forumite
    heres the only letter i had from limk financial before today - i cant find any letter from ge capital and i do keep them all so i can only assume i never had one - i remember link calling me before this letter arrived and telling me they had taken over the debt and to pay it now - i remember telling them at the time that ge capital had not notified me and they said this letter was was coming
  • 10past6
    10past6 Posts: 4,962 Forumite
    You need to delete that link

    IT'S SHOWING YOUR NAME / ADDRESS / ACCOUNT NUMBER etc,. etc,.

    You don't need to repost it, I've seen what I need to see.
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
  • louietudor
    louietudor Posts: 273 Forumite
    sorry i tried to edit the scan but im a bit fik with it all really - deleted and many thanks
  • 10past6
    10past6 Posts: 4,962 Forumite
    OK, that letter relates to the sale of your debt, it states on it you've received a default notice, it's very important you check, have you EVER received a default notice or termination letter?
    Click here for Martins (MSE) advice on who to contact with Debt Issues - YOU HAVE NO REASON TO USE A FEE PAYING DEBT MANAGEMENT COMPANY- THEY CANNOT DO ANYMORE FOR YOU THAN THOSE LISTED IN MY LINK ABOVE.

    All information given by myself is offered informally and without prejudice - if in doubt seek help from a qualified and insured professional
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