can anyone recommend a good solicitor in north west re a county court claim?

brians_daughter

Question is as title
I am up to back teeth with a company called link financial
they say my dad owes money to ge money and have bought the debt
i have asked fro creit agreement and statemens 3 times. 2 from ge and once from these. statemenst came today but no agreement
insurance were supposes to pay out as he was ill and coudnt work - card hasnt been used since
i am ill with all the worry and today we got cc summons.
i need someone who will take this on as no one will listen to us

can any one assist?

GeorgeUK

Nope, can't advise on that one.

But hopefully CAB can. I suggest you give them a call in the first instance.

When you asked for the credit agreement, did you include the £1 fee? Were they the templates from this site?
Were the documents you received from the county court or was it something from link?

As i understand it, payment for a debt that is in dispute should not be sought if the ownership of the debt is not proven.
Section 2.6 (h)
http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

Hopefully someone else will be along soon with more info, but could you clear up the questions please?

brians_daughter

hi George
yes the £1 fee was sent all 3 occassions by cheque - not signed by my father as i dont want them to have his signature, and he is incapable of signing.
Letter was from county court with court date and time and earnings and outgoings form and to dispute the claim
phoned CAB locally they cannot see me for at least a week, and unfortunately i go on holiday the day before then. i am serously looking to either cancel the holiday or just pay the 2k they want - but it should of been paid by the insurance
Arrgghh

the letter that was sent was from another site, but along same lines, please provide us with information etc

GeorgeUK

Can you confirm when the letter was sent and that it was sent recorded delivery - so you have proof of postage?

There will be a few threads on here that may help you fill in the form if you do a search for the form number. I'm afraid i've no experience with this, but they are seriously out of order doing this. Hope you can get this resolved soon. Might be worth PM'ing a few people that seem to have some knowledge if you find similar threads as time is important.

brians_daughter

yes,we have proof of postage recorded delivery.
We have the statement but no copy of agreement.

The copy of statements arent even complete, they have missed out 6 months

thanks for the help

i have just spokent o link financial and they had admitted that they do not have the credit agreement and that the statements are missing

GeorgeUK

Might be worth pointing out that they are in breach of the CCA74 and have comitted a civil offence. If it has been 12(+2) working days and a further 30 calander days, then they have committed a CRIMINAL offence. I'm sure there are some letters on here about that but can't spend much time on site right now as the boss is hovering.

Hopefully we'll get alot more people advising after working hours.

rog2

Hi briansdaughter - Link Financial - again :mad: :mad:

Do as George suggests - go and see CAB, or ring National Debtline - 0808 808 4000, or CCCS - 0800 138 1111, who will advise you for free.

Personally, I would let them take him to Court. Providing you have proof that the cca requests were sent, and not complied with, then this should be his defence. It is simple your dad has the right to request a cca, under the terms of the Consumer Credit Act, 1974, and Link Financial are legally obliged to provide that consumer credit agreement within 12 working days, whether they were the original creditor or not.
They have failed to comply with their legal obligations and have, now, committed a criminal offence.
Without the original cca, Link Financial are unable to legally pursue your dad for the 'alleged debt'.
CAB, NDL or CCCS will advise exactly what to put on the defence section of the County Court Summons. Also, if this has been issued by the bulk handling centre at Northampton County Court, it should be moved to a Court nearer you, once he has sent off his completed defence.