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batman1956

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Everything posted by batman1956

  1. Just checked the papers from the court and there is no form N9c in there so i assume that this means that they have not applied for a return order. As stated before i am willing to pay off the balance at the monthly sum plus £50, but link want their pound of flesh and then some more even though up to now they have no proof thay the debt was legally assigned to them. I am confused about how i deal with all the issues with this. Basically i have a couple of points for defence ie the notice of assignment not being recieved and the fact that there was never any written request for return of goods( which now it seems that because the great proportion of the debt has already been paid any attempt to reclaim the car should have been done through legal channels)Also i am waiting for the reply to my cpr letter which could take a while. Help please with my next step
  2. Wow thats a lot to take in but thanks guys. There has definately been no notice of assignment and the claim is by link financial ltd. So i have written to them a cpr letter aasking for all relevant paperwork etc.etc. and intend to weite to the court an embarrassed defence (NOW I KNOW WHAT IT IS) My next step then should be to try to get GE to take back the debt on grounds of non compliance of paperwork I assume?
  3. About 75% of the balance has been paid and the arrears started because GE refused to send payment slips. We kept in contact with them and had an agreement to pay back the balance at the monthly payment plus £50 They eventually sent the slips after a 4 month delay on 15th december 2007 and then sold the debt to link on or around 25th december 2007 At no time were we aware of this and recieved no notice that the balance had been sold The first contact i had with link was on 26th march 2008 and then the court papers arrived the next day. In the meantime a payment was made to GE on 12th march which they have confirmed but link say that i has not been forwarded to them.The court papers say that they applied for repossession on 29/10/2007 but this is clearly not the case. When i spoke to link on 26th march i offered to pay the same agreement that had been negotiated with GE ie the monthly installment plus £50 but they refused and say that they intend to go to court. The hp is for a car
  4. Thanks i need to file my defence in the next 3 days and dont know what to do or say
  5. ok here goes the n1 came directly from the court and i am sending back the acknowledgement today the claimant is link. It is my intention to involve my local trading standards as i feel i am getting out iof my depth. The paticukars of the claim are the claimant claims the return of the goods and payment of the unpaid balance of the sums due and payable under an agreement and/or associated agreements made between the defendant and xxxxxxxx in writing and assigned to the claimant. the defendants have failed to make payment as requiredby the agreements and to comply with the notices served by the claimant and/or assignor 1 date of agreement 2 parties to the agreement 3 agreement number 4 the defendant and where the agreement was signed 5 the goods (incorrectly described) 6 the total price of the goods 7 the paid up sum 8 unpaid balance 9 default notice served by first class post(never recieved) 10 right to demand delivery og goods accrued 11 unpaid balance of the total price includes £100 admin fee the agreement terminated upon the failure of the defendant to comply with the terms of the agreement the claimant demanded the return of its goods but the defendant failed to surrender the goods and the claimant claims 1 an order for delivery of goods 2 £xxxx 3 costs it then has a statement of truth which is signed by link I must make it clear that i have NEVER had any written demand for the return of goods
  6. The cca request was sent on 27th march and was signed for. Sorry but i cannot scan the documents as my scanner is defunct. No notice of assignment has been recieved from anyone although ge have sent me a letter at my request stating that link now hold the debt (this was recieved about 10 days ago) The claim form was sent with a form to list my income and outgoing plus particulars of their claim but no proof of their ownership of the debt. I have done the CPR letter and intend to post it tomorrow. Do i also write to the court explaining that until i get the necessary documents i am unable to prepare my defence or indeed acknowledge any debt to link
  7. Many thanks, my next problem is i have never had a notice of assignment, who should send this GE or link and what basically should it say. I have only had a reply from link to my cca request saying that my cca is not held by them and they will request it from ge but it may take more than 12 days.
  8. Been reading another link thread and it seems i need to send a CPR letter to them What is this, what do i say in it and what is the time scale for them to comply.
  9. The court papers that we have had say that there will be a hearing in early june have they not jumped the gun a bit by issuing proceedings when they have no documentary evidence of the debt being theirs anyway
  10. We are at the moment in a very stressful situation with link financial. GE money have apparently sold on a debt to them even though we had an agreement for payments We were never told by any of the parties that the debt had been sold and were shocked on 26th march to get a very abusive phone call from link for payment in full Basically because as far as i was aware i didnt know who link were i told them to sod off. The very next day i recieved court papers for this debt which had been prepared by the court on 12th march.In the meantime we had made the agreed payment to GE (12th) Ge confirm this payment has been made. Meanwhile link continued to phone until i told them to stop. They refuse to accept any monthly payment saying they want the amount in full and threaten to lift the car and sell it. I have written them a CCA request and recieved a letter back saying that they will request it from GE I have also written to ge and complained that they have transmitted my data without my prior knowledge (without reply) What else can i do?
  11. It is about 8 years old and has been in default before but quickly restored The problem is with a zero limit i am always over limit
  12. Payment was made in cash, it then took 12 days to be credited to my card account, and my limit is set to zero because all their unscrupulous charges keep the account above its original limit
  13. Lloyds TSB are chasing me for an overdue payment of £11 on my platinum visa card which is already paid. In february i had 43 phone calls and text messages about this alleged arrears. It seems that what they are doing in my case is holding the payment from my account until it can be deemed late and then adding charges Furthermore they have reset my credit limit to zero and are now charging an overlimit charge. The question is do you think that Lloyds TSB are in financial difficulty themselves and are like a starving animal fighting for scraps?
  14. With effect from tomorrow (17th December 2007) bcw will rebrand theirselves as apex credit management
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