Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
My daughter was in a relationship with a guy. He purchased a car on a finance agreement with GE Capital as sole signatory (by that I mean my daughter was not part of this agreement). As he couldn't drive my daughters name was on the log book for road tax, insurance purposes. This as far as Link are concerned seems to be their reason why she is responsible for the debt as well as the partner.
After a while they split up and she kept the car, unfortunately he stopped making the payments and she couldn't afford to keep them going. The account got taken over by Link Financial who went for reposession. My daughter contacted them and said that she would surrender the car but she refused to sign their statement stating that she would be responsible for any monies owed once the car was auctioned. She wrote her own statement stating that any monies owed would be the sole responsibility of her ex partner who signed into the agreement with GE Capital.
She has just had a letter from Link informing her that the car has been sold and there is still an amount owing. They give her 7 days to contact them to make arrangements to clear this sum otherwise they will apply to the Court for a default Judgment.
These prats obviously have a problem understanding plain English, she has previously informed them that she has never been a customer of theirs, that she has never signed any agreements with them or GE Captial for the car yet they still harrass and threaten her. The morons have even sent a copy of the finance agreement which clearly shows she is not a signatory to it, her name is not even on it.
What is the best move to make these morons understand they need to back off and chase the ex partner for his own finance agreement?
Either ask them to prove it, or get her to send a CCA request - obviously, this would show she is not responsible for the debt
The two letters to chose from:
Dear Sir/Madam,
Reference no: 00000000000
You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.
I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).
I am/we are familiar with the Office of Fair Trading debt collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.
I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.
Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.
I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.
I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.
I/we look forward to your reply.
Yours faithfully,
OR, the CCA request one (enclose a £1 postal order and send it all off recorded delivery - get her to PRINT not sign her name)
DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY
Dear Sir/Madam
Re: Account no: xxxxxxxx
This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.
I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.
If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.
I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.
If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.
Yours etc
Also, as she is not responsible for this, complain to the OFT, ICO and Trading Standards......DCA's are forever chasing the wrong people in the hope that they will pay up!
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
Just noticed she has a copy of the agreement from them - tell them to go forth and multiply instead! Never phone these people, but write to them stating that she is not responsible for this debt. If they wish to commence court proceedings, then go ahead, otherwise no further correspondance will be entered into.
Or, send the prove it letter........maybe add in to it that she is in possession of the CCA kindly produced by link which already shows she has no liability for the amount owed. If, however, they possess proof that she does indeed owe the money, then could then forward the information on to her!
Sorry this is all over the place - is a bit early for me
Oh, and definitely complain - telling the OFT, ICO and trading standards about the CCA and that she is being chased for a debt that is not hers. Put a complaint into the fos too.
I am not an expert, but I can give good advice about Brighthouse
Am learning more and more about DCA's too
I have no legal experience and all advice given is based on the knowledge I've gained from this site.
<------If you think I have been helpful, please feel free to tip my scales - remember to put your CAG name though!
Report them to Consumer Direct and;
The Office of Fair Trading!
DECEPTIVE AND/OR UNFAIR METHODS
2.7 Dealings with debtors are not to be deceitful and/or unfair.
2.8 Examples of unfair practices are as follows:
a. sending demands for payment to an individual when it is uncertain that they are the debtor in question, e.g. threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made.
b. disclosing debt details to an individual when it is uncertain that they are the debtor in question etc...
i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possible resulting in debtors being wrongly pursued.
k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt."
Please REPORT Link Financial, their Bad Business Practices must Cease!
Make sure you include a note stating all communication must be writing.
Dont let your daughter sign in her usual way type it out in itallics or just put her initials something like that.
The are utter morons and I can think of strong words than that but it if put them on here someone would edit them out. They are absolute and utter rubbish and are the most useless load of plonkers I've come across.
Never ever speak to them. If you get constant telephone calls send the telephone harrassment letter (if they haven't started yet they soon will do.)
DG
I have no legal training my knowledge comes from my personal life experiences
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Link Financial... Morons.
. My daughter contacted them and said that she would surrender the car but she refused to sign their statement stating that she would be responsible for any monies owed once the car was auctioned. She wrote her own statement stating that any monies owed would be the sole responsibility of her ex partner who signed into the agreement with GE Capital.
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