Sued by Link Financial

[dis01]

Hello

 

Not sure how to start really. I have a read and there is an awful to digest but I was wondering if anyone could help with our problem.

 

Link Financial put both my husband an me in court in April this year, thing is they sent my court papers to my old address so I couldn't respond. My husband did put in a written defence for what it was worth and they still obtained judgement on him and on me by default. I have completed the N form and paid £80 to have stay of judgement or whatever it was and its being transferred to the local county court to be heard in two weeks time.

 

In the meantime Link sent my husband whats called a tomlin agreement for the whole amount and he signed and agreed to the terms etc, however, Link are still intent on suing me for the full amount as well by saying I am still liable for the debt. I thought that if someone admitted liability and agreed terms etc then the other person could not be pursued for the same debt?

 

What help I would like is on how to defend this cos Link have said to me on the phone they will go for a charging order even tho there is an agreement in place?

 

Blimey this sounds complicated but I really hope someone can help.

Thanks

[AndyOrch]

Hi dis and a Warm Welcome to Cag

 

Ok you have made application to set a side the judgment on grounds of bad service(wrong address) did you inform them you had moved?

 

The debt is joint so therefore joint and several and so 2 summons.

 

If they have judgment why do they wish you to agree to a Tomlin Order?

 

 

Regards

 

Andy

[dis01]

Hi dis and a Warm Welcome to Cag

 

Ok you have made application to set a side the judgment on grounds of bad service(wrong address) did you inform them you had moved?

 

The debt is joint so therefore joint and several and so 2 summons.

 

If they have judgment why do they wish you to agree to a Tomlin Order?

 

 

Regards

 

Andy

 

they wrote to my husband at the new address and but never to me. I can't answer your question about the tomlin order. All I know is that they acquired the CCJ against my husband and they sent him a letter and the tomlin order. He signed it and it was for the whole amount of the debt and he agreed to the terms etc. Then on Sat I get a letter or rather notifcation from our local county court stating the hearing for me has been transferred etc. Now it appears that Link are suing me for the whole amount and agreed a repayment scheme (tomlin order) with my husband. How can I raise a defence?

[AndyOrch]

Dis you and your husbabnd should be defending this together, the debt is joint and several.You are still together? Why would you husband agree to a Tomlin if they already have judgment against him?

They already have it against you, are you set a siding your own?

 

I cant seem to piece this together if you could fill in the gaps.

 

Andy

[dis01]

am replying here and nowt is showing up! OH dear.. this is doing my head in now.

 

JUdgement has been obtained by LInk agaisnt hubby but they are still suing me for the full amount even tho he has entered into a tomlin agreement with them. Thir argument is that I am still liable for the full amount and if I don't enter in another tomlin agreement with them which would double the amount each month being paid to them than they are appyling for a charging order against our house for the full amount even though my husband will be paying them through this order. Yes we are together and link still insist on suing us seperately and each is for the FULL AMOUNT. Both of us are named on the CCJ as 1st and 2nd then vice versa.

 

They knew we moved house etc - but still insisted on suing me with the old address. I have paid the £80 to have the judgement set aside for as I was not given the opportunity to put in a defense etc in the meantime they obtained judegment and hubby entered this agreement for the full amount not half but all of he total debt owed. This is whats confusing me - how can they sue me for the total amount when its already being paid by my hubby.

Edited July 10, 2012 by dis01

[AndyOrch]

Did you defend your summons?

[dis01]

not yet as such... from what I see there is no point really as they always win.

 

I Never received any default notices etc or assignment of debt from the original creditor and neither did hubby. Everything sort went higggly piggledly when we moved and this debt slipped inadverently slipped through the net as we changed bank accounts at the same time.

[AndyOrch]

So hubby submitted a defence to his and you didnt, they attained judgment by default on you (because you didnt enter a defence ) and on hubby even though he did assuming his was struck out.

They then send a Tomlin Order in your hubby's name and he as signed and accepted this, even though he didnt need to as they already have judgment.

You have now made application to set a side yours only and the hearing is immanent.

 

Thats the gist?

[dis01]

yes! that is the gist phew.. can anything be done?

[AndyOrch]

Yours basis for setting a side is bad service? How come hubby got his then?

 

Im playing devils advocate here dis I need to know all the details warts and all.

 

Andy

[dis01]

BAd service? you mean with the bank etc? more than likely. I am not unduly worried about that - I am more worried that my husband has entered this agreement and then they can still sue me for the whole amount. If they succeed the it means they will be paid twice for the same debt and by the looks of it they will take it.

 

You can play devils advocate but I simply cant provide answers when I you don't ask a direct question. Whats happened as happened we now need to deal with the consequence of this, if that makes sense. x

[dis01]

Firstly apologies for not posting any further but I have been in hospital for a joint replacement -

 

Now the update : Was in court this am and I defended myself so felt quite proud of myself. The judge stayed the judgement as it had not been served correctly and said stayed for two months so that Link and ourselves can reach an agreement - actual words said to get My name on the Tomlin agreement.

[AndyOrch]

Stayed or set a side dis01?

 

If you now accept the debt you need Link to enter you on the Tomlin Order with your hubby ( joint and several) if you don't you need to prepare a defence and defend the claim.

 

Regards

 

Andy

[dis01]

set aside then she said stayed for two months if that makes sense?