Help with Link Financial

[kimbo78]

Hi - I am a newbie on here and had to join just to help put my mind at rest!

My partner has just had a note given to him from one of our neighbours asking him to ring 'NAME' on a London number - very weird.

Rang them, did not answer with a company name, just asking personal details - my partner did not tell them anything, not even his name.

I looked up this person's name on the web and found that it was Link Financial - my partner did have an MBNA credit card years before he met me - what should be our next step? We do not own our own home, and financially we are not in the greatest position.

[saintly_1]

Hi and welcome to CAG

This sounds like a fishing expedition until anyone contacts you directly I would file it under Ignore. If they contact you directly dont hesitate to post back and you will get advice


saint

[MARTIN3030]

If it is what you suspect then they are in breach of Office of Fair trading debt collection guidelines.Keep a record of all this and any further attempts they may try.

[kimbo78]

Hi, many thanks for replying to me - I have kept and am keeping a record of all "contact" no matter the route taken by them.

Thankfully, the neighbour hasn't passed on any more messages, however, we have had direct contact twice now in the past couple of days by post.

The first was a postcard just asking us to call a name and then a number was given - no company details were on that. The second has been a letter from them on letterheaded paper. We now have a reference number and an account balance, which is over £2000 more than my partner's credit limit on the card he had years ago - so I dont know where they have this amount from!

Do I scan this letter and let one of you see the wording? They are asking for the full balance in the letter. They say it is due immediately.

[manchester1]

Hi Kimbo , Firstly how long ago did your partner have the card , and also have any payments been made to any body on this debt. If the debt was more than six yrs ago and no payments have been made then they can not chase it ( not that it will stop them trying ).

Manchester1

[kimbo78]

He got the card about 6 years ago, and was paying it normally to MBNA when the card was active. Then it must be about 2 and half years since he made a payment as (to cut a long story short) he was going through a split with his partner and financially he was left with a lot to sort out. He lost his house etc.

So the last time a payment will have been made will be then.

Do we need to send a CCA letter, as I keep reading posts on here where people are mentioning this quite often.

[saintly_1]

Did the letter tell you who the original debt was too or are you just summising that that is who they are collecting the debt on behalf of ?
If its the latter then I would be tempted to ask them for proof of the debt with this letter

Dear Sir/Madam

Account no:

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



(Your Name) Print do not sign

saint

[kimbo78]

Yes, the letter does have the original MBNA card number as a reference, as well as a Link Financial reference number.

How should we respond to it?

[kimbo78]

Should our next step be to send a CCA letter? Is there a best template to use for this?

[saintly_1]

Hi

You need letter N from here Creditors and DCAs - Letter Templates & Budget Planner

[kimbo78]

Hi, many thanks first of all for your help thus far.

Just wanted to let you know that we sent the letter using template 'N' to Link Financial with a £1 postal order so that they did not get our bank details from a cheque. We also sent it recorded delivery. This was on 28th May.

It is now 17th June and we have had no response as yet - do we need to do anything further? Or do we just wait for their response no matter how long it may take?

Any advice would be greatly appreciated. This is all new for us so apologies for needing to be lead through every step!!

[higgler]

alright people? i'm new here

does anyone know what a letter fron link quoting section 136 of the law of property act 1925 means?

had a letter from them today about a debt i'm fairly sure i paid off 2 years back - that apperently i havent

cheers

[kimbo78]

Originally Posted by kimbo78

Hi, many thanks first of all for your help thus far.

Just wanted to let you know that we sent the letter using template 'N' to Link Financial with a £1 postal order so that they did not get our bank details from a cheque. We also sent it recorded delivery. This was on 28th May.

It is now 17th June and we have had no response as yet - do we need to do anything further? Or do we just wait for their response no matter how long it may take?

Any advice would be greatly appreciated. This is all new for us so apologies for needing to be lead through every step!!

We have received a response from Link regarding the request for the signed credit agreement.

They have enclosed a copy of the signed agreement, with the credit limit on there too. What is our next step? As I know there was a time limit you mentioned etc. Also, if we need to start making repayments to them, how is best to negotiate and are they able to ask for £2000 more than the credit limit of the original debt??

[kimbo78]

Hi, I posted a thread back in May about my fiance's old debt with MBNA which Link had taken on.

We sent them your template letter requesting a copy of the signed CCA. That was sent to them on 28th May - we received a copy on 2nd September.

I then posted on the back of my old thread but had no response - hence this new thread being created.

What is our next step? The credit limit shown on the CCA is £2700, yet Link are demanding £4836!!! They are saying that we have breached clauses 1b and 8 of the agreements and are therefore demanding payment of the full amount by 9th October or further enforcement action will be taken.

We are not disputing the fact that this is owed, but the extra £2000 is extreme I feel, and we know by other threads on here that Link are difficult to negotiate with - how do we come to an arrangement??

We are getting married in 3 weeks time and can do without this worry - it is beginning to keep us awake.

[the main man]

I presume you have received one of the many Default Notices that Link seem to have dished out en-mass?

It may be also wise if you could post up a copy of the agreement Link sent you to see if it complies with the CCA. You can upload them using Image hosting, free photo sharing & video sharing at Photobucket but make sure you delete all personal info.

[42man]

Kimbo....i've merged your 2 threads together and i'll move this to the debt collection forums where you should get some more advice...