link financial - court papers already!!

10past6

Good luck, we're here if needed

louietudor

after sleeping on this overnight i must admit im a bit tempted to do the defense thing - if only for me to be able to tell a judge how totally disgusted i am with link to send this to the county court just 3 weeks after taking the debt over - they were told i was on a dmp with payplan and that the amount being paid was the maximum i could afford and verbally they told me to continue to pay - i had no warning whatsoever that the court documents were being sent and no letter asking me for confirmation of my circumstances etc - all letters were sent to payplan so ill ask them if they have been in touch with link or visa versa - if its a hiding to nothing it may not be worth it but i just think a judge may be swayed when taking into account their lack of understanding - id love your thoughts on this

nova

louietudor wrote: »

after sleeping on this overnight i must admit im a bit tempted to do the defense thing - if only for me to be able to tell a judge how totally disgusted i am with link to send this to the county court just 3 weeks after taking the debt over - they were told i was on a dmp with payplan and that the amount being paid was the maximum i could afford and verbally they told me to continue to pay - i had no warning whatsoever that the court documents were being sent and no letter asking me for confirmation of my circumstances etc - all letters were sent to payplan so ill ask them if they have been in touch with link or visa versa - if its a hiding to nothing it may not be worth it but i just think a judge may be swayed when taking into account their lack of understanding - id love your thoughts on this

Just offering support really, lm on a learning curve myself about courts/ccjs etc, 10past6 is fab eh? Really helped me out yesterday.
l sympathise with all your bits of paper, my friend the other day said her OH was moaning as at work he got covered from head to toe in mud, l said at least he's not covered from head to toe in default notices!! l know l should'nt joke about it but lm not going to loose my sense of humour!!

Good luck in whatever you decide X

stapeley

I think you are right to defend , they should not have issued court papers without contacting you first . You should attend court and show that you are trying to deal with your debt . You are entitled to request copies of ALL papers they would be presenting to the court . Therefore , put in your defence and request copies of a CCA . It may well be that they can not find it ! Without it they are stuffed !

louietudor

i had a letter today from link saying i have incurred a £130 litigation fee !! - not knowing what it was i called them and its the fee they charge to raise the court papers!!

i also asked them if they had been in communication with payplan and they said they are aware and have been in touch with payplan and told payplan they want the whole debt repaid now and thats why they have sent to court papers

these people are really beginning to make me feel sick - talk about kicking someone when they are down - i wish i could just run away from it all - i was trying to sort myself out and started a dmp and now this - i feel like a criminal!!

i am now so depressed i dont know what to think

10past6

stapeley wrote: »

I think you are right to defend!

I agree 100%, but it depends on what someone is relying on as a defence.

stapeley wrote: »

they should not have issued court papers without contacting you first !

Did you not read the thread?

They issued a default notice stating what action would be taken if the member did not comply with the remedy.

stapeley wrote: »

You are entitled to request copies of ALL papers they would be presenting to the court

Correct, under an SAR which takes 40 days, and may well pass the allocated date for filing a defence.

10past6

louietudor wrote: »

i am now so depressed i dont know what to think

What there after is a charging order, there argument will be that under your currant payment arrangements it will take far to long to clear the debt.

A charging order is further down the line and nothing to be to concerned about at this stage, it's a step you can fight as and when you get to that stage.

You have to think of it like this, the solicitors are a business, they are acting for there client, it's nothing personal against you, these solicitors act the same way with every defendant.

Did you speak with Payplan?

One point I need to point out, the judge will not take into account any emotional stress crated when making a decision, his/ her decision will be based on what legislation has been breached, once that decision has been made, only then will they take into account what effect the action has had on the defendant, but from a defence point of you, emotional stress cannot be used as a sole point.

10past6

I have to go, but I'll be back on in 1/2 hour if you need any further advice.

louietudor

thanks ive had a cup of tea and calmed down - i just spoke to payplan and asked them if link had been in touch with them to say they did not accept my offer of payment and were going to prepare court papers why they did not notify me - i got some bumbled excuse but i expect they are really busy these days and after all if link wants to refer it to court its thier perogative

payplan have advised me to complete sections 1.2.3.5 and 12 of the admissoin form and send it recorded to their legal department who will complete the rest and forward it to link

as for a charging order - i live in a shared ownership property 50/50 with a housing association ( bedfordshire pilgrims) the deeds etc are in the housing association name and i have a 99 year lease with the housing association - can they attach my lease then??

10past6

I'm pleased you've calmed down, try not to get to stressed over this, it's easy for me to say, but like I said earlier, it's a business and where money is concerned, no one gives a crap what effect it has on someone.

louietudor wrote: »

payplan have advised me to complete sections 1.2.3.5 and 12 of the admissoin form and send it recorded to their legal department

Is that an N9A form you have?

If so, it's an admission form, before you complete it can you confirm as it's difficult to see on that image, is the DN dated 15.11.08