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Link Financial Outsourcing & High Court Writ
flumpy999
Posts: 2 Newbie
Hi,
I took out a loan with Abbey National back in 2006/7. I became unemployed and buried my head in the sand and avoided my debtors. In January 2011 i was taken to court by a company called Link Financial ( no letters received as moved house ) but with this they applied for a high court writ. Eventually i received some paperwork and got a stay of execution, with an agreement to pay each month.
Would this debt not originally have been covered under the credit consumer act? and if so is this company allowed to apply via a high court to enforce a CCJ if it is covered under the credit consumer agreement.
Just some advice, as it doesn't change the CCJ on my file.
Thanks
I took out a loan with Abbey National back in 2006/7. I became unemployed and buried my head in the sand and avoided my debtors. In January 2011 i was taken to court by a company called Link Financial ( no letters received as moved house ) but with this they applied for a high court writ. Eventually i received some paperwork and got a stay of execution, with an agreement to pay each month.
Would this debt not originally have been covered under the credit consumer act? and if so is this company allowed to apply via a high court to enforce a CCJ if it is covered under the credit consumer agreement.
Just some advice, as it doesn't change the CCJ on my file.
Thanks
0
Comments
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You cannot execute a high court writ for any debt covered by the consumer credit act, these cases are always heard in the county court.
https://www.nationaldebtline.org/EW/factsheets/Pages/highcourtenforcement/highcourtbailiffs.aspxI’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
Hi there,
Sourcrates is right that debts regulated by the Consumer Credit Act (CCA) would be enforced in the county court. But if the original loan unregulated, for example, if it was for more than £25,000 or a business loan then it would not have been covered by the CCA in 2006/07. If that is the case then the creditor was within their rights to use the high court. Hope that helps.
Laura
@natdebtlineWe work as money advisers for National Debtline and have specific permission from MSE to post to try to help those in debt. Read more information on National Debtline in MSE's Debt Problems: What to do and where to get help guide. If you find you're struggling with debt and need further help try our online advice tool My Money Steps0
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