A Little advise to help understand my options

[diskJockey]

Hi,

I have just received a letter from Link financial saying that i now own them a debt for a bank loan from 9-10 years ago, I can not personally remember the last payment made on this account. I did default and continued to pay a DCA £20 a month then one day they contacted me and said they where no longer looking after the debt and the bank will be in touch.

I was still waiting until the other day when i received a note through my door saying to ring this number(note form next door neighbor ) so i rang the number as i found this a bit embarrassing, a guy said we was sending me information related to a loan i had with this bank.

I can not remember the exact date i stopped dealing with the other DCA but im sure its between 4-6 years ago.

The Letter appeared the other day, saying Link now require the full payment of this debt to themselves.

So hopefully someone can shine so light on my options

1. Do I contact Link asking for a valid CCA
2. Do I contact the bank or link asking for a statement for this account
3. Do i ask link to prove they own this debt
4. Do something else that i have not thought of which hopefully someone will suggest

or all of the above, the money that is out standing is £229 more than the original load amount in the first place.

On the flip side, I have evidence that link have rang other family members with the same surname asking them to pass messages on to me, they have also rang my elderly next door neighbor asking her to push notes through my door, can / how do i report them for this as this can not be legal.

Thank you in advance

DJ

[dx100uk]

how close is this debt to 6yrs statute barring?
when was the last monetary transaction eitherway?

and yes CCA request would be then next move [don't forget to put in the line about not acking any debt to them & that the £1 fee is just that & not a payment against the a/c]

dx100uk

[diskmandave]

Hi DJ,

Like (and as) dx says, CCA them ASAP, link to template below..
Don't forget to send by Recorded Delivery.
http://www.consumeractiongroup.co.uk...tml#post162367

As for all the other stunts they've pulled, like with your neighbours and relatives i'ld be inclined to be getting in touch with Trading Standards ASAP too. Again, link below for your convenience..
Trading Standards Central - Trading Standards and Consumer Protection information for the UK

Good luck, keep us posted.

Regards, Dave.

[diskJockey]

Thanks guys for your replies, I have sent the letter off and have received 2 responses.

1. Stating they will request my CCA from the original creditor and my account is on hold 14 days while they look into it but it could take up to 30 days to receive this information
2. The other a request for immediate payment of £75 for the cost of finding me

Link is now over their 12 days to supply the information

Should I ignore the £75 request, as I feel I was not lost and needed to pay someone £75 to find me, and its not like I have been hiding I’ve been on the electoral role at my present address for over 3 years.

Do I need to send them a letter now saying they have defaulted on the 12 days or wait another 30.

I have also read on the forums that they try to rush you to court, well tell me if I’m wrong but if they can not supply me with the CCA will the court not just tell them to get lost or will they magically find the CCA when it comes to court time, or do they have other evidence that backs up there claim on the debt.

thanks in advance

DJ

[powelll]

They can't enforce the debt via court without a valid CCA. You are right in that some will suddenly produce one but this certainly isn't always the case - especially as your is quite an old agreement I wouldn't mind betting they haven't got a copy.

Don't pay them anything until they can prove the debt - if they can't enforce the debt they can't add their own fees on anyway...

Bes tof luck

[diskmandave]

S77--(4) If the creditor under an agreement fails to comply with subsection (1)--
(a) he is not entitled, while the default continues, to enforce the agreement; and
(b) if the default continues for one month he commits an offence.

http://www.crw.gov.uk/resources/cons...ditact1974.pdf

Don't hang around playing their stalling games, like you said earlier they'll use the opportunity to rush it into court.

[diskJockey]

So like buses after 1 comes along another seems to follow, recieved a letter from a DCA working for Welcome Finance saying they are handling the debt of mine from 2001.

So as with link financial i asked for a CCA which believe it or not provided me within the 12 days.

This Credit Agreement was a joint 1 between myself and my ex wife before we where married for a car. I returned the car to welcome financial back in 2004.

I personally think the amount the DCA is asking for 4500 is way wrong as the total borrowed was 7355 including interest and i paid it for over 3 years (£5472) and i returned the car. so at worst i owe 7355 - 5472 = 1883

So now the account is in joint names but it looks like there just looking for me. Am i liable for the whole thing

Is my next step a SARs request, and can i possibly just claim that im only paying half of the remaining debt and they will have to find my ex wife for the other half

thanks in advance

DJ

[Rameses]

"Am i liable for the whole thing".

Yes, joint and severall liability. Start paying. Early you start, earlier you finish.

Maybe get a DCA to take the joint debtor to Court on your behalf?

[djweeble]

Ignore Rameses, Trolls go away after a while

Wait for some advice from someone that knows what they're on about.

[dx100uk]

i'd say you owe stuff all.
you returned the car as well.
they cant have both, the returned car and the complete balance.
are you sure this is the case.

dx100uk

[diskJockey]

dx100uk,

Yes as far as i was concerned i was returning the car under my right to termination under the 'agreement for goods' as id paid the amount required to do that and returned the goods to them, but this DCA says i owe £4500

[389shell]

I would Subject Access Request them then you will know exactly what is going on with the payments. Sounds like a lot of charges to me, lets hope so hey!

[MALCNESS]

Originally Posted by diskJockey

Hi,

I have just received a letter from Link financial saying that i now own them a debt for a bank loan from 9-10 years ago, I can not personally remember the last payment made on this account. I did default and continued to pay a DCA £20 a month then one day they contacted me and said they where no longer looking after the debt and the bank will be in touch.

I was still waiting until the other day when i received a note through my door saying to ring this number(note form next door neighbor ) so i rang the number as i found this a bit embarrassing, a guy said we was sending me information related to a loan i had with this bank.

I can not remember the exact date i stopped dealing with the other DCA but im sure its between 4-6 years ago.

The Letter appeared the other day, saying Link now require the full payment of this debt to themselves.

So hopefully someone can shine so light on my options

1. Do I contact Link asking for a valid CCA
2. Do I contact the bank or link asking for a statement for this account
3. Do i ask link to prove they own this debt
4. Do something else that i have not thought of which hopefully someone will suggest

or all of the above, the money that is out standing is £229 more than the original load amount in the first place.

On the flip side, I have evidence that link have rang other family members with the same surname asking them to pass messages on to me, they have also rang my elderly next door neighbor asking her to push notes through my door, can / how do i report them for this as this can not be legal.

Thank you in advance

DJ

Not sure if it was the same company or not but i had a similair problem, they phoned a neighbour and left a message for my wife to phone them, so i phoned instead, asked him what it was all about "cant tell you data protection act" he said, again he asked to speak to my wife, i said she has gone away, "where" he asked, cant tell you mate i said "data protection act" never heard from them since

[diskJockey]

thanks guys for the replies

Im just about the send off a SARs requst to the DCA, do i have to also request 1 from the original finance company as well or should the DCA provide all the information.

thanks


DJ