Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
What happened to the court proceedings, did it not go to trial please?
No, nothing has happened with the Court proceedings Alex. I put in a defence saying the debt was state barred. Link wrote to me saying there was a £5.00 payment in October 2008. I wrote back to them asking for a copy of the loan agreement, a copy of any Notice of Assignment, and information and documentation relating to the £5.00 payment. They wrote back saying they would get that information to me and in the meantime enclosing a Tomlin agreement for me to sign. I rejected that and said I wanted the information. Since then I have received nothing at all, save that in December that year (the proceedings were started in May) I got some kind of statement from Link, with all the administration charges, the debt interest on it, I ignored it. Now I have received another letter from another debt company Hoist Portfolio saying they have bought the debt from a company called NPH2 Limited (not Link!) asking for payment, using October 2008 as the default date, which is the date Link say the £5.00 was paid (but not by me). I think I did have a savings account with the Abbey which may have had £5.00 in it. I have heard of banks transferring money towards debts if the client hasn't paid. I think maybe this is what happened.
So you haven't signed a Tomlin Order?
No I signed nothing.
In that case don't worry
Don't acknowledge the debt
Just write back and say its statute barred and you want a copy of all docs etc
I might just mention I have been unemployed since 2006 I am just about to get my pension.
If they issue proceedings you can defend it on the basis it is an abuse of process
There have been previous proceedings and you can't litigate twice on the same matter
The old proceedings when you sent back the defence would have been stayed if no action taken
Therefore no action can now be taken because there were old proceedings
Should I write to the Court and get Link's action dismissed for want of prosecution?
So you are off the hook as long as you don't acknowledge
No, its not a criminal trial, you dont need to do that
Can I clarify anything for you about this today please?
Old proceedings are stayed, you dont need to do anything
Yes, please can you put my mind at rest. Can Link recommence the action against me now after two years? Can they write to the court for leave to do that and if they do, what is the probability that they will get it? If these people start proceedings if I write them telling them about the old action, then they cannot take me to court, even though they are using this purported £5.00 payment?
In theory they could try but they would need to convince a Court why there was a 2 year delay.
They are unlikely to get that
You havent made the payment, they would have to show you had, so I dont think Court would succeed
Does that help?
Sort of, I'm worried about having this action hanging over my head. I wish I could have paid them but I couldn't on Jobseekers. Is there no way I can get the Court to dismiss these proceedings for want of prosecution. I suppose Link could argue that it took them a long time to get the details from the Abbey which might succeed. I would be a lot happier if I could just get rid of it.
No, its not a criminal trial. Its stayed and they can't do anything
Its on my mind constantly and now this letter has come I'm really quite worried.
They can only be dismissed if it runs to trial and its found for you
You dont need to worry, you really dont
Its been transferred to a new debt company and Link have no interest any more
Therefore there are very unlikely to try and revive proceedings
ok, so I'll write to this new company and say its statute barred. thank you. I'm still worried (because I'm like that) but you have set my mind at ease a bit.
If I could invite you to rate my service before you go and if you are having trouble doing that please let me know
All the best
thank you. Im going to rate you the best!!!!!
Thanks - let me know if it wont let you do it
at the moment it won't lol