Link/MBNA Claimform - Card Debt Poss statute barred **Struck Out**

[Lula]

Sorry to sound thick, but has it actually been stamped by a court?

 

You need to send your creditor this, so not sign it, just type your name, send it recorded delivery and keep all the receipts,

 

n the XXXX County Court

Claimant -v- (YOUR NAME)

Claim Number: (CLAIM NUMBER)

 

 

Dear XXX

 

REQUEST FOR INFORMATION

 

I have received a recent court claim from your organisation. In order to file a defence and counter claim I require some information. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

 

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with *********.(AMEND TO THE COMPANY NAME)

 

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

d.Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

 

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

 

h. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

I will require this information within the next fourteen days.

I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

 

XXXX (type, don't sign).

[rudy1]

yes, stamped by Northampton county court. I have sent link the above letter, and added about me thinking this debt a statue barred and wanting proof its not, not much i can do is there just need to sit and wait it out.

[Lula]

I would also advise that you start a file, with every thing that you have received and sent, also at the front, make a list of everything you have received and sent and on what date, just to keep things clear

[rudy1]

ps no reply as yet only sent friday, did keep proof of sending.

 

have file, with everything including recorded delivery receipts.

told my dad today,

he went nuts on me,

my fault,

 

never mind i'll see what the post brings,

 

thanks so much for your help tonight

[Lula]

ok, you have already contacted Northampton, which is just basically a clearing house. You need to contact them, if you havnt already and ask that it is heard at your local court (where is that?) and then you will receive something from that court giving details of when you need to file a defence.

 

Can you look at all the documentation that you received from Northampton and tell me everything that it says

[Lula]

it is a loan?

if so do you still have the original agreement?

is there anyway that you can scan it and put it onto photobucket and post a link so that we can see?

Actually if you can do this, scan the docs from the court too

[rudy1]

hi bazaar, thank you for your help the other night, been wobbling tonight, keep being advised to let it go by friends and pay but hanging in there, may as well, bit more stress but nothing to lose.

 

sorry lula, no its a credit card, don't have an agreement, suppose this is what the cca may give me.......can you imagine me scanning something, don't think you realise what a cretin i am when it comes to using these machines.

 

going to have to go to bed, panicing, on night feeds with the baby. shouldn't really attempt staying up after 10pm will pay in the night/ tomorrow. thank you. night

 

Thank You

[Lula]

dont panic, we will get it sorted, have a good night ;-)

[rudy1]

11 WITHELD CALLS TODAY. presume from to other card company that Link have informed. Can't stay on line long, quick question....Do you think i should get a solicitor?(in relation to court action by Link financial) Is it worth paying out, not that i reallly have the money to pay out, but maybe an investment. Are they any good at this sort of thing, just that bit lost as to how to defend.

[tomterm8]

Can you start picking up the calls, and find out whose calling you? Don't actually talk to them, just find out what their company is?

 

If you decide to go for a soliciter, contact your local C.A.B. I've got to admit, they are variable - some soliciters know what they are doing but credit law is very specialised and most soliciters aren't experts in this particular field.

 

Most telephone operators have an option to refuse withheld nos automatically.

[rudy1]

Should do, (pick up) but bit frightened my head may roll of at the moment, can not take anymore stress.

 

In hospital with my sister every other day at the moment as her kidneys have all of a sudden failed, new baby and up all night and constantly sick with worry about inpending legal action.

 

Will try CAB but they usually advise pay up...

 

.Everyone is telling that but whats the point have a ccj now so may as well see it through.

 

Just want to defend myself in the best possible way then i will accept what the courts decide.

 

I'm i mental? Thank you.

[Lula]

Rudy, you have a new baby, and are busy looking after them, of course you are mental , goes with the job LOL

 

But, as regards defending, we can help you, you dont really need a lawyer BUT you have to understand what you are doing because you will have to stand up in court and talk about it. do you think that you can do that?? It really isnt as intimidating as it may seem

[rudy1]

Got to go night

[rudy1]

sorry about that will have a bit more time tonight, yes i do think i could stand up in court if it gives me any extra chance. couple of thing i want to know wheather worth putting in my defence. I see what you think tonight. thank you.

[rudy1]

Letter received from court, what a wally i thought i was just letting them know that i intended to defend and enclosed the letter i sent to Link financial re cca, statements, wanting proof not statue barred and they have used that as my defence? They said in the letter the following

 

I acknolodge receipt of your defence. A copy is being served on the claimant. The Claimant may contact you direct to attempt to resolve any dispute. If the dispute cannot be resolved informally, the cliamant will inform the court that he wishes to proceed. The court will thn inform you of what will happen.

Where he wishes to proceed, the claimant must contact the court within 28 days after receiving a copy of your defence. After that period has elapsed, the claim will be stayed. The only action the claimant can then take will be to apply to a judge for an order liftingthr stay.!

 

Well think they may be trying to contact me as huge amount of withhelds coming through, surely they will proceed as they have nothing to lose now, they've paid the court! Spoke to someone at Northampton county court, didn't seem to like Link very much. From what my bank have told me i think i may of made payment earlier than i thought as no record of payment being made. (strange can't work that one out)

Now is there anything i should be doing? Or do i just sit and wait.

[tomterm8]

Erm, have you asked WHY that was taken as you defence? (to be honest, I wouldn't have sent it to the court, just the claimants at this stage).

[rudy1]

Oh i know that now, feel like i'm blindly doing this at the moment,

 

i thought i was just letting the court know i intended to defend but was told if i didn't put that letter in then maybe they would of been given judgement.

have i messed up.?

 

Actually no didn't ask why they took as defence but wouldn't of had a defence if they hadn't and they would of got judgement surely?

[rudy1]

Can anyone advise me.

The 12 working days are up tomorrow with my request information ie cca,

 

statue barred questions and a few other things,

i,ve not even had a holding letter from Link financial.

 

Does anyone have copies of the letters i should send to the court and Link, thank you.

 

And can anyone tell me what likely to happen now........

.the other thing i recently found out was my last payment to the card was end of december/ beginning of jan 2002 which is a better date than originally thought. thank you...

 

hi can anyone help the 12 working days are up tomorrow, i sent link financial a cca and other info request, and wanting to know why this isn,t statue barred according to them, heard nothing, not even a holding letter, i believe i need to write to the court and Link financial tomorrow, does any one have template letters i could send to each of them......or any advise of what if anything i should do...thank you

 

school run, will log in tonight to see if anyone can help thank you

[Brassed off]

Bump

[Goldlady]

Hi, I think if the court has treated your letter as your defence and you have heard nothing from Link then I would just sit tight. The court are not going to sneak a judgement in without contacting you again. I suspect that the silence from Link indicates that they have run off into the hills as if you are right about those dates the debt is definitely statute barred. OK you may have defended in your own way but if they haven't come up with any paperwork then the clock is ticking before the judge strikes their claim out.

 

Perhaps you should send a short missive to the court stating that you have heard nothing from the claimant in response to your letter of xx.

 

I am not a master of drafting court letters/documents - I tend to just tell them how it is unless one of the experts on here gives me some words of wisdom;). But I do think you are OK - hopefully someone else will agree.

[rudy1]

hi goldlady, thanks for your reply, hope your well, have had hardly a minute to get on here lately,

think i will write to the court,

let them know i can't defend myself unless i have the information also that i still believe this to be statue barred.

 

on't really want to contact write to Link but not sure whether i should to let them know they have had the 12 working days?.

 

Thank so much for your advice.x Will be on tonight cheers

 

Anyone out there, do i need to write to link financial to tell them the 12 days have passed,

 

don't mind writing to the court to tell them i have received nothing from link,

 

but i'm a bit nervous of Link and am enjoying this contact free period,

 

bit like waking the monster! any ideas.

 

Not even sure of what i should write to each one.

 

Any ideas? pleeeeeease? need to get something in the post tomorrow at least to the court. Thank you.

[Goldlady]

I would let sleeping dogs lie if it was me:p. They actually have 12 working days and 30 calendar days after that to comply with your request.

 

We got rid of Link by completely ignoring them - I know you can't do that but I would just make sure you keep the court up to date.

[rudy1]

what does 'missive' mean, sorry i'm blonde

 

thanks for that goldlady, thats just what i want to do.

I have the same chain of thought,

the 12 days don't really mean anything,

but will write to the court,

 

just going do a letter telling them how it is like you suggested and how i had already thought i'd want to put it,

 

just didn't know whether there was some official letter that i should write.

I just have to have faith in my letter writing ability. (will use spell check though)

 

do you know, i'm still so stupid about this website (or any other)

How do people reply to my messages,

where do they come up,

because they don't come up on new posts,

i don't think?

can anyone give me a 'fools guide'

[Goldlady]

They come up on my control panel as I have responded to them. They won't show on new posts for you as you made the posting - at least I think that's how it works. I am thinking about what you need to say to the court at this stage and will reply shortly

[Goldlady]

I would write to the court:

 

Claim reference : xxx

In the matter of xxx v rudy1

 

I wish to notify the court that I have not received a reply to my letter of xdatex to the claimant requesting further information and am therefore unable to submit a detailed defence.

 

I am not sure at this stage whether you can request to have the claim struck out - but perhaps if you just send them that for now it will let them know that you are still around:D

 

Please don't worry too much about this.