Link Financial

[Stumbler]

Yes, it's them again.

 

I have been assisting my Brother-in-law in managing some debts, which got "out-of-control" during a period of redundancy.

 

Now, he had a debt with British Gas, which I assume was sold on to Link Financial - any paperwork, e.g. letters are unavailable.

 

But, the debt is subject to a CCJ obtained by Link, which ordered payments of £40 a month, to clear the debt of £4,500+.

 

Link have been kind enough to supply me with a copy of the court order and form N9A. And this is where my legal knowledge is lacking.

 

I have two issues with this paperwork. First, the form N9A, defendant's submission was completed and signed by proxy. My brother-in-law hadn't seen it. Now, this may be considered acceptable practice.

 

Secondly, the Court Order specified monthly payments of £40 "until the debt is repaid". Link have been adding interest at the rate of £60-70 per month, escalating the debt to some £7,000 now.

 

I have written to the Court on these two points. On two occasions, they have refused to comment on the basis that they do not provide advice. Even though I did point out that I was just after a confirmation of their Court procedure and clarification of the Court Order that they made.

 

I have now asked my MP to look at my issue and explain why a public servant is not helping a member of the public.

 

I have also written to Link, advising them that I am looking at these two legal issues. In the meantime, I have offered Link a full and final settlement of £1,000.

 

Link have already put a charge on my Brother-in-law's property, which I will ensure is cleared as part of this settlement process.

 

Given these basic facts, I can see that I could have followed another path to tie Link down a bit further. But, is anyone able to provide advice about this CCJ procedure as I feel it may have been somewhat misinterpreted?

[AndyOrch]

How old is the judgment Stumbler?..oh and welcome to CAG

 

 

Regards

 

 

Andy

[Stumbler]

Andy,

 

Thanks for the welcome.

 

The judgement was granted on 19th July 2010 and was varied to Forthwith with a charging order on 20th September 2010.

 

John

[renegadeimp]

What did the judgement say? Link ca

Cannot add anything to the debt unless the judgement allows tgem to.

[AndyOrch]

Pity its so old but what does concern me is this :-

 

 

" First, the form N9A, defendant's submission was completed and signed by proxy. My brother-in-law hadn't seen it."

 

 

Are you stating that the N9 was fraudulently completed? Did he receive the claim pack and if so did he defend or what did he do with it? and don't state he returned it to Link.

 

 

Regards

 

 

Andy

[Stumbler]

OK, here's a copy of the original CCJ (I hope I've done that correctly) [ATTACH=CONFIG]48511[/ATTACH]

 

The form N9A seems to contain some relevant information, but was not completed, or signed, by my Brother-in-law. I feel it may have been completed using details taken during a telephone call, where he was persuaded to adopt their repayment program.

 

He may have received the claim pack, but he wouldn't have actioned it. He was adopting the "head in the sand" strategy at that time.

 

John

[AndyOrch]

Looking at the judgment it appears that he admitted and offered a proposed payment. But only he can sign the N9a and then forward it to claimant.

 

 

With regards to interest if you look at the bottom left of the judgment re debts over 5K.... but this only allowed if the T&Cs of the original agreement allowed post judgment interest.

 

 

Regards

 

 

Andy

[Stumbler]

The N9A was not signed by my Brother-in-law. In fact, the attempt at a signature couldn't even spell the surname!

 

So, as far as post-judgement interest is concerned, would I need to go back to the original credit agreement? This is not available from my Brother-in-law - paperwork isn't his strong point, he's a skilled manual worker!

 

John

[AndyOrch]

Yes you would need to make a section 77/78 request from the claimant for a copy of the agreement and T&Cs...see the library for template.

[AndyOrch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?387435-CCA-Request-Consumer-Credit-Act-1974

[Stumbler]

Just a brief update on this one.

 

Link were offered £1,000 in full and final settlement of this debt, but I've learnt that they've declined this, wanting some £6,000.

 

As far as the legal side of the CCJ is concerned, I have got our local MP to rattle the Court's cage on this one to get a better reply. I want to know whether the N9A can be completed/submitted by proxy and whether interest has been included in the terms of the CCJ.

 

Simple questions really, so I'm concerned that the Judge refused to answer. After all, Judges are public servants and I'm a member of the public!

[renegadeimp]

Link can demand what they like. As i said a few weeks ago, they cannot add ANYTHING to it. Them demanding £6k+ is laughable.