Link Financial -ford credit return of goods order - lost

[vint1954]

Sorry to jump in late here, but having a quick read and your default notice is Poo. The dates are fine.

 

I assume that the scan is accurate and they have asked for the ballance of the account in full within the DN, which is a big no no. If so the DN is defective and terminating on the back of that is Unlawful Rescission of contract.

 

Please advise if DN requested the full ballance?

 

The form of the document is also wrong, but they are more minor issues.

 

If it is now in court, you must get your CPR 31.14 letters off, but make sure that you acknowledge the claim in time.

Edited April 22, 2010 by vint1954

[vint1954]

Thanks for dropping by Vint, sure Olympic is very grateful and will also tip your scales .

 

Considered the fact that LR had effectively defaulted and terminated with one document and discovered (please correct me if I'm way off) that a creditor can do this, if and only if, the agreement has run full term. Olympic confirmed it had - perhaps this particular thread has raised some useful info for all of us concerning combined default and terminations.

 

You may wish to refer back to post #48 if it's something that interests you, would love to be wrong on this but so far it appears that LR are ok other than the form of the DN, which would really come down to Olympics ability to express the importance of such a document being entirely as prescribed instead of what was actually issued.

 

Hoping to examine the deed of asignment when Olympic can get hold of it.

Hi emandcole. Had not realised that there was a back end lump sum to pay.

 

The termination notice should not be in the same document as the DN, however the act of selling the debt is termination in itself.

[vint1954]

Hi

Just looked at the default Vint, and it is requesting the o/s amount of £8026.01, ALSO WHAT FORM IS THE cpr.31.14. yOU WILL HAVE TO EXCUSE ME COS i AM FAILY NEW TO POSTING AND STUFF !!

I have put a recorded letter in the post to Link requesting the "Deed of Assignment", and I am getting myself so much in a tizz with this SAR, it looks like it is different printed formats ??

Oh and Emandcole what does 'tip your scales' mean ?

will be back soon.

Hi Olympic. I take it that the DN was issued after the back end payment was due.

 

CPR 31.14 is for requiring a creditor or their solicitor to furnish documents when they have instigated court action.

[vint1954]

And if they do not fully comply, use CPR 31.15!

I would say that you make them comply. Once you have issued an ED, due to lack of complience with CPR 31.14, you carry on until they do comply. You are saying in your ED, look, I don't have the documents that the claimant sites in his POC and those documents are vital to my full defence, so give me the documents or you can go whistle until you do. When I have fully legible and applicable documents you can have my full defence.

 

If they don't comply, then you can use an N244 form, to get the judge to force them to comply. It will cost you £75 but you can claim this back from the other side. You can also use this form to ask for a strike out of the claim.

 

You can use CPR 31.15 to demand to inspect the original documents. All griss to the mill, especially if they don't have the original.

[vint1954]

Muppets.

 

Assignments are not covered by the CCA 1974. It's the LPA 1925

[vint1954]

Thanks Emandcole, getting on with it now, and will fax over to the courts as soon as. (they did say i could fax it over). How long before I hear from the courts in response, do you think, do they also have set time limits ?

They will acknowledeg your first defence in writing, sending a copy to the claimant. They then give the claimant 28 days to respond, then claim is stayed if the do not respond.