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  • #1

    [CLOSED] - Continues in AAD+ Legal Section - Link Financial Limited ( Kearns Solicitors ) v adinuff

    Your AAD Forum Username

    adinuff

    Name of Claimant

    Link Financial Limited

    Name of Claimant's Solicitors

    Kearns Solicitors

    Claim Issue Date

    25 November 2015

    Who Signed the Claim Form?

    An Individual (i.e. Joe Blogs)

    How much is being Claimed?

    Over £10,000

    Have you Submitted the AoS Response?

    No

    If Yes, when was the AoS Submitted

    -

    Details of Claim

    Submitted CCS request back in 2013. not heard anything. Then received some threatograms 2015. Sent of CCA failure to comply. received CCA though and intent to proceed. Now have received the claim details form Northampton
    Tags: 2015, bank account, barclays, bryan carter, cca, ccs, claim, claim form, con, credit card, date, debt, defence, details, financial, help, legal, legal claim, loan, lowells, mbna, mkdp, n1, november, restons, size, solicitors, witness statement
  • #2
    Re: Link Financial Limited ( Kearns Solicitors ) v adinuff - Issued 25 November 2015


    MBNA CC (mine) CCJ

    Balance Approx - £9440

    Default Date - Approx 2006

    Default Amount - £11300

    DMP (Payplan) - £27.39 monthly Stopped Paying

    Sold to Link Financial

    21/01/13 SAR and CCA request to Link (CCJ supersedes CCA..i know :-( )

    24/01/13 recieved SAR back from Link

    09/03/13 Ignore post dated 21/03/13 CCJ and CO not on this account. In the process drafting a CCA and SAR request.

    29/4/13 - CCA reminder letter

    19/6/13 - Letter received from MBNA. Thanks for your letter dated 29/4/13 regarding account. In response to your letter, we an confirm that information we are required to provide in accordance with section 78 of CCA Act 1974 has been forwarded to Link Financial, who purchased the account on 25 March 2013. Any further queries please contact them. Gonna ignore.

    17/06/13 - Letter from MBNA. Thank you for your letter dated 29/04/13. In response to your letter we can confirm that the information we are required to provide in accordance with section 78 off CCA has been forwarded to Link Financial, who purchased the account 25/03/13.

    12/08/13 - Statement of account received from link. They seem to have receiving payments of £1.41 from someone (not me for sure )

    26/02/14 - Letter from Link Financial. This letter is final notification that any agreement you had with Link financial to repay your debt has been cancelled for non payment. Please call us to discuss matter. Gonna Ignore.

    29/09/15 - Letter from Link Financial. Despite our efforts to collect this sum through communication and negotiation the balance remains unpaid. We will pass this onto Messrs Kearns Solictors. Going to send account in dispute letter.

    20/10/15 - Letter from Link Kearns Solicitors stating we have 14 days to pay remaining balance. Sending account sold in dispute letter

    22/10/15 - Letter from Link Financial . Link have sent a CCA. Will post to Niddy for analysis.

    26/10/15 - The man from Del Monte he say No !! its UE

    09/10/15 - Letter from Kearns Solicitors. We have complied with your S78 request on 22Oct 2015 removing any bar upon enforceability imposed by your S78 request. There is an absence of any material dispute in respect of what has, historically , always been an admitted debt, to which instalments have been paid via a DMP. Accordingly, our instructions therefore are to raise proceedings for enforcement of the agreement seeking repayments of the due of the outstanding amount together with interest and costs on or after 24 Nov 15 in default of satisfactory proposals for discharge of the outstanding balance.

    27/11/15 - Court Claim forms received from County Court Business Centre. Claimant Link Financial. Kearns Solicitors representing.


    Comment

    • #3
      Re: Link Financial Limited ( Kearns Solicitors ) v adinuff - Issued 25 November 2015

      Copied from your diary where the full history of this debt can be found here >

      http://forums.all-about-debt.co.uk/s...l=1#post539438

      And

      Originally posted by PlanB View Post
      How very silly of them when this is an MBNA credit agreement.

      Can you email me a copy of the claim form (N1) just the front page with nothing blanked out using planb@all-about-debt.co.uk with a copy to Niddy using webmaster@all-about-debt.co.uk.

      Can you also email a copy of the CCA in one PDF and separately a copy of any Default Notice and/or Notice of Assignment you may have received. Please will you add a telephone contact number to your email.

      What is the date on the claim form please?

      You need to send the solicitor Kearnes a CPR 31.14 request --> CLICK TO DOWNLOAD TEMPLATE

      You've already recently sent a SAR to MBNA and you've previously sent a CCA request so don't do that again.

      Comment

      • #4
        Re: Link Financial Limited ( Kearns Solicitors ) v adinuff - Issued 25 November 2015

        Originally posted by PlanB View Post
        Copied from your diary where the full history of this debt can be found here >

        http://forums.all-about-debt.co.uk/s...l=1#post539438

        And
        Hi PlanB,
        Thanks for always being there
        Adinuff

        Comment

        • #5
          Re: Link Financial Limited ( Kearns Solicitors ) v adinuff - Issued 25 November 2015

          I've now received your claim form.

          I note that the disputed amount is over £10k so this claim will be allocated to the Fast Track. This means the court process/timetable is much slower than the Small Claims Court and the winner has the opportunity to have their legal costs paid.

          Plan B x

          Comment

          • #6
            Re: Link Financial Limited ( Kearns Solicitors ) v adinuff - Issued 25 November 2015

            I've glanced at the history (your diary post) and I can see it starts in 2013 where it refers to the owner being Link (the Claimant). The MBNA account was opened in 2000 so it you can post some earlier information (however brief) from then it would help us enormously.

            How did you open this account? Online, response to a postal invitation, in store etc.

            Am I right in thinking you have already sent a SAR to MBNA recently? I can't see that on the history update post.

            We'll shortly move your thread to the AAD+ section where we can chat more freely.

            Plan B x

            Comment

            • #7
              Re: Link Financial Limited ( Kearns Solicitors ) v adinuff - Issued 25 November 2015

              See you are getting the great help from Di etc on here, keep us all updated on this thread!
              I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

              If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

              Comment

              • #8
                Re: Link Financial Limited ( Kearns Solicitors ) v adinuff - Issued 25 November 2015

                Hugs and everything crossed for the best of luck xx
                if you do it today and you like it you can always do it again tomorrow

                I'm an official AAD Moderator and also a volunteer, here to help make the forum run smoothly. Any views or opinions are mine and not the official line of AAD. Similarly, any advice I have offered you is done so on an informal basis, without prejudice or liability. If in doubt seek advice from a qualified insured professional - Find a Solicitor or go to the National Probono Centre.

                If you spot an abusive or libellous post then please report it by Clicking Here. If you need to contact me, for instance if I've issued you a warning, moved, edited or deleted your post, please send me a message by clicking my username.

                Comment

                • #9
                  Re: Link Financial Limited ( Kearns Solicitors ) v adinuff - Issued 25 November 2015
                  Hi Plan B,
                  I think it was applied via post buts its been a long time ago. I haven't put the SAR request in my dairy but was sent on 11/11/15. Its been such a long time I will have to wait for SAR to arrive
                  Adinuff
                  Last edited by PlanB; 28 November 2015, 14:00. Reason: tidied up C & P quote :)

                  Comment

                  • #10
                    Re: Link Financial Limited ( Kearns Solicitors ) v adinuff - Issued 25 November 2015

                    I've emailed you. If you do as I have suggested then everything should go quiet for a week or so.

                    Please update any developments on this thread as and when they happen.

                    I'm away until 4th December but I have email alerts set up so I'll see anything you post on here in the meantime

                    Jo has been made aware of this claim in the Fast Track.

                    Plan B x

                    Comment

                    • #11
                      Re: [CLOSED] - Continues in AAD+ Legal Section - Link Financial Limited ( Kearns Solicitors ) v adin

                      Thread moved to the Protected AAD+ Legal Claim Portal --- > http://forums.all-about-debt.co.uk/s...-November-2015


                      THREAD NOW CLOSED


                      How to join AAD+ ---- > AAD+ Members Portal
                      "If wishes were horses, beggars would ride"

                      Comment

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