Advice for Dad - re CCJ,charging order,(Link Financial)

GeorgeUK

Not sure about any of this stuff, but i would suggest phoning the court to see if they can tell you what happened with the redetermination if he hasn't received any correspondence about that. While he's asking, he can check to see if it is the local court that he sends the letter to.

I don't remember seeing a letter for a charging order, but i'll have a look around. If this was a credit card debt, did your father request a copy of the customer credit agreement (CCA) - it may still be worth doing this incase they cannot produce the agreement or it is unenforcable - without all the prescribed terms. As i said, not really looked at charging orders, but i'm sure this was still suggested in some posts.

shinyhead

Doing a CCA request now won't achieve much-it's very difficult to get a CCJ overturned once the debt has been admitted. Efforts should be focussed on stopping this being secured on the house. After that then maybe.

thepinkladez_2

we have just been through the whole ccj, co, journey and i got lots of advice on here so if you want to have a look at my thread you may find some of it relevent/helpful to you?http://forums.moneysavingexpert.com/showthread.html?t=1063831

somewhere in it there is the letter of objection i wrote that may help you also.

Just shout if you need any extra help!

uptomyeyeballsindebt

Hello all,

My PC picked a good time to go bump!!

Anyway,thank you all again,and thanks for the link to your post pink,I did get a little confused,but the letter was great to read through.
I basically used your letter,and shinyheads post/link to create a letter for Dad.I'm just really nervous for him now.What happens now?Is it just a case of waiting for the court date?

And is it right that Mom can go with him and basically say its's unfair as she is on the mortgage too? What do they need to take with them?So sorry for the questions,but you have all been so much help!

shinyhead

Hi again,
I believe as your mum has an interest in the house she certainly can go and object.

Either the solicitor's paperwork or the interim CO should have a list of your dad's other creditors-if not you need to have them listed including balances as one of your arguments is that the CO will favour this particular creditor over others.

Take an up to date Income and Expenditure sheet showing all your payments to other creditors and so on.

Not sure I understand what you mean by just waiting for the court date. If you're waiting for a date of the hearing then this should already be in with the paperwork somewhere as I understand there is a time limit between granting the interim and making it final. If you know the date and it was just a term of phrase then sorry!

uptomyeyeballsindebt

Hi Shinyhead,yes it was just a term of phrase!!Just getting into the flow and typing down what I am thinking!!
Thanks again for your help,it is much appreciated.I feel eveyone is a little more relaxed now something has been done and they know a little more of what to expect

Menucha

uptomyeyeballsindebt wrote: »

Hi again,

My Dad has asked me to see if I can find out anything about a credit card debt he had(I think it was originally Barclaycard) that got passed to Link Financial.The debt was £2668.76,it went to court,and it was agreed that he payed £10 a month.He then had a letter come about a re determination,then one about a charging order.All the time he has continued to pay his £10,never missed one.

He has now had a default letter come from Link saying that he has breached clauses 1b and 8 of the agreements,and needs to pay the full amount by the 9th October.On or after the 9th the agreement will be terminated.

We are unsure about what is going on,he has tried to phone,but to say that they didn't help at all would be an understatement,we still don't know what is supposed to be happening.
Has anyone been in a similar situation and can offer some advice as to what may be happening before he tries to get someone a little more helpful on the other end of the phone?

Hi there

I'm in the same position with regard to the Default Notice. Link did a mass mailing of these DNs, and if you look on the CAG Forum (Consumer Action Group) this link will tell you all you need to know. http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162255-link-financial-limited.html?highlight=link+financial It's worth joining the forum and doing a copy/paste of the above and you will definitely get help there. Also do a search for Link Financial and you will find loads of stories relating to them.

Hope this helps