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nearlyoldwoman

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Everything posted by nearlyoldwoman

  1. oh dear, i think you're maybe right! damn i was hoping mark had been sacked too!! he's arrogant, so is his team leader 'rio'! be warned!!
  2. hi danp1973, yep that sound like Link, i too got the stupid letter re not providing me with CCA, (oh how the trading standards officer laughed at that!!!!!) but they still asked for a further £4.00 to get one doh!! and they too took my £1.00 fee as payment (see my thread below) anyway why not complain to OFT about them, i did and my local trading standards man is writing his report up right now, their credit liscencey thingy is due for renewal soon, more complaints about Link might mean it wont be renewed? you never know! http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/66484-theyve-taken-my-1-a.html
  3. yep sounds like its def statute barred to me (6 years in england, 5 years in scotland) who are the DCA? i'm a newbie here, plenty of people on this site will give you really good info, there;s a template letter on this site; Name of Creditor Address of Creditor WITHOUT PREJUDICE Dear Sir/Madam Re: Account No/Reference No: No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under the Limitation Act 1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”. The last correspondence/payment/acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under Section 5 of the Limitation Act, I suggest that you are no longer able to take any court action against me to recover the alleged amount claimed. Furthermore, the OFT Debt Collection Guidance states that "continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statue barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970". I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. I look forward to your reply. Yours faithfully (Your signature) only other thing i would advise is definately send rec del! shame your local trading standards couldn't be more helpful:-? dont be put off by them as CAB gave me crap advice last week:-? i'm sure someone will come along and give you more infor re bailiffs and what to do about that (I would presume they've breached some regulations here, but i'm not well up on that!) it might be worthwhile phoning the office of fair trading now, i thinks its just a national number, but i found them very understanding on the phone. please let us know how you get on, i cant imagine the stress of this and 5 children (a babe too).
  4. wehey, good for you and good luck, dont forget to keep us all posted (in the relevant threads etc)
  5. hi there, just a bit of info for you, firstly they're not very clued up at lerwick sherriff court so if you're not sure about something they've said come here to ask! also if you are rasing a summary cause (claiming back more than £1500) you need sherriff officer/solicitor to serve the papers, no sherriff officer here and i've talked to every solicitor up here and they wouldn't do it (no backbone) so CAB can give you a list of solicitors in Aberdeen who will serve the papers if need be. just thought i'd let you know. good luck, keep us posted.
  6. fantastic info! £250.00 is a big gamble!, luckily we too have been monitoring our electric on a weekly basis, i have no probs with doing that for another couple of months, (just a shame our meter is in the cellar and its always me that has to go down there with all the yucky beetles!) the house is only 30 years old, but it was a self build and looking at the general electrics of the house they look about 100 years old!! its good to know that its not just a myth that 'meters can be out etc' i'll be keeping my beady eye on it for a few months yet. thanks!
  7. can someone give me more info on "calibrate your meter" please, as this sounds simalar to a prob we're having with scottish hydo electric (or whatever they call themselves now) we think they've made a mistake as the bills have shot up like nothing else!
  8. update time, sent the following letter to Link on friday rec delivery WITHOUT PREJUDICE Dear Sir/Madam Re: LINK REF xxxxxx No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under THE PRESCRIPTION and LIMITATION (SCOTLAND) ACT 1973 PART 1, PRESCRIPTION SECTION 6 “If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of 5 years: (a) without any relevant claim having been made in relation to the obligation, and (b) Without the subsistence of the obligation having been relevantly acknowledged; then as from the expiration of that period the obligation shall be extinguished…” I would also point out that the Office of Fair Trading (OFT) say under their Debt Collection Guidance on statute barred debt that; “it is unfair to pursue the debt if that debtor has heard nothing from the creditor during the relevant limitation period” The last written acknowledgment/payment of this debt was made over 5 years ago and no further acknowledgment or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under PART 1 SECTION 6 of the above Act, I suggest that you are no longer able to take action against me to recover the alleged amount claimed. Furthermore. The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. On a further note, I would also like to point out that I have contacted the Office of Fair Trading, Trading Standards and the CAB regarding the above account and my local Trading Standards Officer took copies of all correspondence between ourselves for further investigation. The main points to be looked into further are; The debt being statute barred (5 years Scotland). Failure to provide me with a CCA. Taking the £1.00 fee for the CCA as payment against the alleged debt. Asking for further money before the CCA can be provided. Asking me to send my ID to you before you will provide me with the CCA. Telephone harassment. A copy of this letter will be given to my local Trading Standards Officer as will any further correspondence, and finally, as I no longer require a copy of the CCA and the last letter you sent me stated that you didn’t have to provide one, I would therefore like you to refund the £5.00 that I have sent to you for the purpose of the CCA. I look forward to your reply. Yours faithfully i also emailed it to my local trading standards officer and he emailed me back today congratulating me on such a great letter!!!!!!! he also states I'm currently compiling information to forward to the OFT and Link Financials local Trading Standards (London Borough of Southwark) which I trust will be acted upon in relation to any future licensing matters. I would hope that investigations are made to determine whether your case is an isolated one or is it actually one of many which would then warrant serious action. I would be very surprised if you hear from Link financial again. On the other hand I'm confident Link Financial haven't heard the last of this.... Many thanks Regards XXXX XXXXX Trading Standards Enforcement Officer aaah, what a great man! so i'm just waiting for a reply from Link now.
  9. Wow, thanks for that info, so a 'letter of assignment' is something they should legally have from GE to prove they are now the owners of this debt? so thats something different from a CCA? you know i've had this for years and years and years and the only way i know whats left to pay is when i've asked for it myself! i'm a bit peed off too cos when i first got this burton card (way back when) i took out burtons 'insurance crap' and i was paying £10.00 per month on the store card and a further £5.00 for the insurance! no flippin wonder it was never paid off eh? can you tell me more about your dealings with Thames?
  10. thanks. i think i'll prob opt for the SAR, as i've already acknowledged the debt, the main prob i have is how its shot up, i dont really believe its got anything to do with 8% interest, so a SAR should show me how they've come to that amount etc.
  11. Thanks to the wealth of info on this site, i've decided to look into my dealing with Thames Credit. Mega mega years ago i had a burton store card and got stuck with repayments (as you do, first store card ever, 18 yrs old etc etc) anyway i hold my hands up to that, and so it was passed from (GE capital) i think to Thames Credit (although i seem to remember hearing nothing for a year or two, must have been when being passed to DCA) anyway, made arrangement with Thames to pay £10 per month thru direct debit, all was ok, paid about 2 years with no probs, then i switched accounts and forgot to re-set up direct debit, Thames wrote or phoned i think to remind me, and i set up a new DD. Now i recalled that i owed approx £350/450 i'd paid 2 years, so i though i'd phone one day (this was about june last year) to see what the outstanding balance was, and it was about £300!! eh? i asked the lady on the phone how come it was so much, when i thought i'd only £100 left to pay, she said charges were added for the missed payments (prob 2 when changing banks) and she said the charges were £112!! i was really shocked and actually laughed at her down the phone, and i told her i'd look into further, anyway being offline, working etc i've only just taken the matter up again. I emailed them to ask what their charges were for missed payments etc and received letter today saying; Original balance £439.49 Interest Added £129.02 Paid to Date £330.00 Current Balance £238.51 Interest is applied to account in accordance with the terms and conditions of the credit agreement the customer signed in order to obtain credit from GE Capital Bank Ltd in the first place. Interest has been added, at a rate of 8.000% per annum, when a monthly payment has been missed or was received late. Interest is not currently being added as there is a repayment arrangement in place. Can anyone offer further info on this. I know people can claim back 8% interest on bank charges so my partner thinks they are entitled to add 8%interest on this. but try as i might i can't figure out the sums? and also i'm pretty sure when i spoke to them on the phone last year the lady said the £100+ charges were just from 2 missed payments. I have also never received anything from them before saying anything about 8% interest. Can anyone enlighten me at all or anyone had dealings with Thames before?
  12. can you give me directions on where to find it on the listen again site etc?? i usually listen to radio scotland on a mon and fri morning and i didn;t bother today! grr!!
  13. sorry, forgot to add that (after 2 hours) in CAB i told her that at the end of the day i thought it was statute barred and in any case Link couldn't prove i owed this money etc etc and she told me that i couldnt prove i didn't and i should be relieved they've not added charges:shock:
  14. another update, after the meeting with the trading standards guy he emailed me later that day and told me he'd spoken with CAB and he advised i go to see them asap! so i went yesterday morning....very long morning....the elderly lady was very nice n all, but i was there hours and hours and i wasn;t completely sure/happy about the direction she wanted to go in. firstly she couldn't tell me anything about statute barred in scotland, other than "its complicated" :-? then she wanted to phone Link, i wasn't sure, but she said it would help clear it all up etc, she phoned and they talked a lot of old cr*p as usual, they said they wanted my passport! ha ha yeah right like i really would send someone my passport etc, mark was off that day (or hopefully sacked!) and no-one really knew what was going on, she then insisted on phoning bank of scotland for further details, i said they wouldn't have but again she insisted and went ahead, they transferred her thru to a company called blair, oliver and scott, they said they had this account once but never wrote to me etc and passed it to Link in 2002. so....(remember i didn;t think i owed anything) the lady at CAB said it was prob my mistake as blair, oliver and scott are ruthless and very good and they dont make mistakes!! she then suggests i fill in an income/expediture form to figure out what i can pay back!!!!!! whooooaaah! it was time i got my coat!! this was not the direction i wanted to go in and i ended up questioning if i had made a mistake, so....back to my faithful friend CAG:) and looking at the whole thing again and searching the net i find all the legal info regarding scotland and Statute Barred etc and it is 5 YEARS!!! so below is the letter i've written tonight ready to be sent rec del; WITHOUT PREJUDICE Dear Sir/Madam Re: LINK REF xxxxx No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself. I would point out that under THE PRESCRIPTION and LIMITATION (SCOTLAND) ACT 1973 PART 1, PRESCRIPTION SECTION 6 “If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of 5 years: (a) without any relevant claim having been made in relation to the obligation, and (b) Without the subsistence of the obligation having been relevantly acknowledged; then as from the expiration of that period the obligation shall be extinguished…” I would also point out that the Office of Fair Trading (OFT) say under their Debt Collection Guidance on statute barred debt that; “it is unfair to pursue the debt if that debtor has heard nothing from the creditor during the relevant limitation period” The last written acknowledgment/payment of this debt was made over 5 years ago and no further acknowledgment or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under PART 1 SECTION 6 of the above Act, I suggest that you are no longer able to take action against me to recover the alleged amount claimed. Furthermore. The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”. I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed. On a further note, I would also like to point out that I have contacted the Office of Fair Trading, Trading Standards and the CAB regarding the above account and my local Trading Standards Officer took copies of all correspondence between ourselves for further investigation. The main points to be looked into further are; The debt being statute barred (5 years Scotland). Failure to provide me with a CCA. Taking the £1.00 fee for the CCA as payment against the alleged debt. Asking for further money before the CCA can be provided. Asking me to send my ID to you before you will provide me with the CCA. Telephone harassment. A copy of this letter will be given to my local Trading Standards Officer as will any further correspondence. I look forward to your reply. Yours faithfully so thats where i'm at now, bit dissappointed with CAB to be honest,:-? i'm really grateful for their time etc but i think anyone here would have said not to be phoning up for more details but just sit and wait (seen as CCA request was put it) and no details on statute barred either?? i hope some-one reads this and thinks i'm going doing the right thing? i'll be handing in a copy to trading standards too so they know where i'm at etc.
  15. hmm, thats what i would want to do too! maybe for each year etc, as one year alone is over £1,000. me and other half took this so far last year (well we actually took it as far as getting the summary cause) then we hit our big hitch! we needed a solicitor/or sherriff officer to serve the papers. whats the problem you ask?? we are in shetland, no sherriff officer here on island and i personally went into every solicitors on the island and they wouldn't touch it!! they said they were busy etc etc (not unusual for small island community to act like this-no-one ever wants to rock the boat etc) so with so much other stuff going on and time running out we stopped it in its tracks, but now we are ready to start again, i mentioned to the sherriff clerk about splitting it into smaller claims (£750) at a time but he said we couldn;t do that? i'm really not sure tho? seems nobody else here has done this yet, even the sherriff clerk told me at the time that we had prety much no chance (ha he has not been on this forum then!!!) any suggestions? could raise it in english court, but my expenses would be way over £400 to get to england from here, as you cant get off the island for less than £80! .....or i could arrange for a solicitor in aberdeen etc to serve it? which i would have to find first! any thoughts?
  16. fantastic, its reading posts like this which keep me and others battling on. so great, AND today was the day that CAB told me blair, oliver, scott were ruthless and 'always right' and not to get in bother with them (they had a debt of mine once but just kept it and passed it on to another DCA)! wooohooo for you!
  17. ok, update time; just had a meeting with my local trading standards guy (40 mins) he took copies of their letters, my letters and the rec del receipts too!! and he's off to 'investigate'. it was a very positive meeting, he admits that the CAB deal more with this and they then usually get the cases that CAB say is illegal etc, anyway, he's off to get more advice from elsewhere/double check all his legal info on Consumer Credit Act etc/and basically see what breaches Link have commited (crimes i call them!!!) he's gonna email me later. he was particularly interested in the letter Link sent me (when I asked for the CCA for the second time) quoting the following; YOUR REQUEST FOR INFORMATION Sections 77 and 78 of the consumer credit act 1974 These sections do not apply to your account. This is because Sections 77 and 78 only apply to "matters arising during the currency of...agreements". Since the agreement relating to your account has been terminated (for non-payment) the agreement is no longer "current". so i will post again when i have further details.
  18. quick update; just had call from the local trading standards officer (i phoned OFT on fri at 5.30pm) and we spoke briefly on the phone, he only knew a small amount about this complaint but he's already started looking into it and started making enquiries and searches re LINK FINANCIAL, anyway, i'm meeting with him at 9am tomorrow morning, without saying too much on the phone he seemed to state their code of practice was somewhat 'different' than the one set out by law! so, i'll update you further tomorrow.
  19. seems LINK have been pretty busy this last week!!! i read on forums here a few times about DCA calling neighbours and i think they look up info on the electoral roll etc, keep looking through the posts as somewhere it'll say what 'regulations they're breaching' i'm sure they must be by that kind of practise, incidentally i phoned the OFT on friday re LINK FINANCIAL and i'll be speaking to trading standards after 4pm tomorrow (see link below) so the more the merrier! never ever phone them, i did without doing 141 first and of course now they have my number! have you never had a letter from them then? hmm... why phone the neighbour??? cos it freaks people out....and phoning some-one saying its a family matter!:o jeez how do these folk sleep at night:o http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/66484-theyve-taken-my-1-a.html
  20. :D ahhh if i wasn't the furthest away from London you could possible be i would def be there!!! oh how i would enjoy trashing, er i mean looking around their offices, oooh and i'd love to......er chat with Mark and Rio, free drinks too! http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/66484-theyve-taken-my-1-a.html
  21. AND THEY ASK ME FOR MY PASSPORT!!!!! WTF???? they then say this is so they can see my signature - and tell me the letter I sent and the cheque for a quid isnt good enough. I ask the guy to give me his name and he wont and he hangs up. scary, LINK FINANCIAL asked me this on friday, i've never heard anything so ridiculous!, but saying that, every time they've phone me they've never asked all that "are you miss such and such, confirm address, confirm BOB" etc, my radar shot up straight away, i thought it was a delay tactic as no-one in their right mind would send driving license/passport etc but having a look round here it seems these companies will try any trick in the book. anyway, keep us posted:)
  22. not seen it yet (in post) prob be monday, hopefully trading standards will be contacting me monday (although i'm hardly in on mon!) oh i cant wait, i have my 'little file' all ready.
  23. here is exact copy of 2nd letter sent to them rec delivery (o've obviously taken out my pers details etc) i think i said earlier i was a bit iffy about this 'extra £4.00' so i made it VERY CLEAR in this; Link Financial Ltd PO BOX 30095 LONDON SE1 7WU 14th Feb 07 Dear Sir/Madam Re:− LINK REF Further to a telephone conversation I received this morning from Mark I am writing for the second time to request a true copy of the credit agreement regarding the above. This time I enclosed the “further £4.00” which Mark said I had to send for this copy of the agreement. With reference to the above agreement, I would be grateful if you would send me a true copy of this credit agreement as I do not believe I owe any money relating to the above agreement. I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £4.00 (£1.00 was sent on 8th Feb which you have already received by recorded delivery) which represents the fee payable under the Consumer Credit Act. Please note this £4.00 enclosed is NOT a payment towards this disputed agreement but the £4.00 charge which Mark told me is the fee for the copy credit agreement. (I was of the understanding it was just £1.00). I understand a copy of my credit agreement should be supplied within 12 working days. I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act. On another note I am requesting that you stop telephoning me and correspond to me only in writing to the above address. The first time I phoned Link I refused to leave my number as I’m usually at home with my young children or I’m out, then not 5 minutes later I receive a call from you. After the conversation this morning I have been left quite stressed and shaky, as I pointed out on the phone, although I do not acknowledge this debt, I do not believe I owe you any money at all, I do want to get to the bottom of this matter, and I’m finding it difficult to understand why I should be receiving calls about a debt that I believe I do not owe. I look forward to hearing from you. Yours faithfully XXXXXXX £4.00 enclosed
  24. wow! great result, just goes to show what can be achieved with the right info! well done, ps any chocs left?
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