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Posts posted by nearlyoldwoman

  1. I know you have already paid this amount but I would have been inclined to ask them under which piece of legislation they were entitled to ask for more than £1 off you. If there is none they are acting outside the law and if they refused to provide the agreement under CCA with the £1 then they will be in default. I can't see how they could justify this at all. It might be worth talking to Trading Standards about this.


    Trading standards will be contacting me within the next 2 days so i will keep posted. I phoned the OFT about 5.30pm last night cos i was in pieces. (i never realised til later on when i re-read the 2 letters i have from LINK that they'd used the £1.00 so never got chance to mention that to him) also as i'm "a harrassed mum" i added up the years wrong (at first) and thought aug 2000 was only 5 years ago duh! of course its more than 6, so my main points with OFT and trading standards are gonna be;


    pursuing me when its clearly statute barred (in fact the OFT told me that as i'm in scotland its 5 years not 6 years but i didn;t get all the jargon he quoted with it so "dont quote me"!)


    harrassing me by telephone especially when they could hear my 4 year old screaming in the background (they received letter by rec del from me asking never to phone me)


    shouting,being aggressive and threatening me by phone (threatened if i didn't pay now they would add heaps of fees and charges and they also told me they would not stop phoning me until i paid up)


    taking my £1.00 as payment when it was clear it was the CCA fee.


    phoning me asking for a further £4.00 before they could do the CCA request


    asking for me to send MY ID to them in the post before they could continue with the CCA



    er, thats about all just now i think, this has really rattled me even tho i know i'm in the right! i'm still all over the place. God bless this forum!!! this has to be the best thing since sliced bread!!! x

  2. What was the other £4 for? The CCA request only costs £1. You must be

    careful if the debt may be statute barred, as they may try and use your payments as a means of proving that the debt is now current aagain.



    Exactly! i managed to get out of them that the £1.00 was the fee and the £4.00 was 'their charge' i thought it was a delaying tactic, so i sent it, i did had a bad feeling about it so halfway down the letter i put in CAPS "NOTE, this £4.00 enclosed is for the charge/fee of getting a true copy of the CCA as stated by Mark on the phone today IT IS NOT a payment towards this disputed debt" so i dont think with it spelled out like that that they would take it, saying that I do think Link Financial would throw their own granny's to lions to get me to pay this!!! we'll see.

  3. sorry for multiple postings, the other threads i've done today are at the bottome of this page (if i've done it right) just reread the silly letter i received today about not giving me the CCA etc and noticed the amount i owe them is now £1.00 less (i was scared they might do something sneaky like this!) i used the template from the forum to request the CCA and it quite clearly stated the £1.00 fee is for the CCA payable under the consumer credit act. I'm sooooo mad. they had also asked for a further £4.00 which i sent and i made that clear too it was just the fee for the CCA not payment as i didn't acknowledge the debt. ggrrrrr.


    anyone give me words of wisdom on this?


    (harrassed mum of child who has lost her 1st tooth today!!!!)

  4. soz, this is rushed, off to do the school run in a mo


    posted a little earlier, anyway just had a very harrasing call from LINK (real) or rio i think he was called. i sent them a letter which they recieved by rec del and i clearly stated on it not to phone me ever again (i took it off the template here) as i didn;t acknowledge debt, been over 6 years! so its statute barred anyway, but i got confused over dates so i sent in my money for CCA,

    the reason they phoned was they wanted me to send in to them LINK, some id before they'd give me a CCA, i calmly explained that its been over 6 years since this account has had a payment or correspondence and so its statute barred, i told him not to phone me again (as my 4 year old was shouting in the background), i dont owe this money and can they refund me my £5.00 that i sent for the CCA, he went totally mental, shouting etc, i reminded him that i put it in writing that i didn;t want any more calls etc and he said that they wouldn;t stop phoning unless i paid up!! he said he was gonna phone again tonight!!!! i hung up, soooo shaking like a leaf, where do i complain about this, total harrasment!


    incedently he said the 6 years didn't count cos they only got the debt in 2001 (like what a load of old Sh*t)??? whats he on about?

    can someone point me to a complaint letter please?


    i'll be back after the school run

  5. The 6 year clock can only be reset within the 6 year limit - once a debt is statute barred it remains statute barred.

    For example had the OP acknowledged the debt in July 06 then they would have had till July 2012 to enfoce it, had she acknowledged in Sept 06 then it is already statute barred and cannot be restarted.


    ta for that, they only contacted me only 2 weeks ago and i told them on the phone and in writing they i did NOT acknowledge the debt at all!

  6. ok, briefly;


    sent £1.00 to link for CCA, they phoned (on 14th) to tell me they needed £5.00, so i've since sent the extra £4.00, now i have received letter from them (dated 14th) and this is what it says;




    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".


    YEP, thats it word for word, i haven't the foggiest what it means?

    ps this is for £344 for an old C/C with BOS, i believe BOS were gonna write the outstanding amount off as i paid so much back on it, last payment was aug 2000, never heard a peep from anyone since (until 2 weeks ago).


    any info from you would be very gratefully received!!

  7. Hi,


    I had a problem with Link in the middle of last year. They phoned regarding a loan from 1999 which they were saying had never been paid. Luckily, I am a hoarder and keep everything so miraculously managed to find a letter from the loan company in Nov 2000, confirming that the loan had been repaid in full. This wasn't enough for them though, they said I had to prove that I had paid it, which I found impossible after 6 years. Anyway, they made all kind of threats to me, told me that I had a default against me (which I havent), which would effect my current job and any future jobs I may go for, I would get a charge against my property and so on. I was really really shaken up by it - plus it was before I was aware of this site (which would have helped me hugely). Anyway, I basically wrote to them and asked them to prove that I hadn't paid it, rather than me proving that I had, considering I had the original letter saying it had been cleared. They continued to harass me by phone so I wrote asking them to remove my number from their records and not to contact me by phone which to be fair, they have adhered to - and I have never heard anything since!! I have waited for some time to pass as even though I knew it had been cleared, I also wanted to wait for the 6 years to be up from the date they claim the last payment was made, but my dad is going to go try to take it further due to the amount of upset it caused me. Anyway, my point is, I would ask them not to contact you by phone and as Gizmo said, hopefully it is statute barred anyway.


    great thanks for that, i did ask him if the call was being recorded and he said all calls were (i was surprised cos not often you get them shouting, aggressive now etc) unless he was lying, the 6 years will be up in aug but i'm worried that they will start adding stuff on etc. i mean i cant prove that i dont owe it, but they said they can prove i can simply by it being on my credit file? hopefully getting a copy of that today as i think its time to update it and get all the defaults removed from years ago!

  8. If the last payment you made was Aug 2000 and you haven't acknowledged the debt in writing up to aug 2006, and there was no CCJ - then it is statute barred and he can shouut as much as he likes - check your credit file to make sure thy haven't put another default on it.


    can they put another default on it? so if i get a copy of my credit file and they have put another default on it what should i do next? phew i'm still shaking, also when i originally phoned (never did 141 first but i told them i'd phone back and refused to give them my number telling them i didn;t want them to phone me! doh! they've phoned, obviously my number came up. tut)

  9. last week out of the blue i recieved a letter from link saying i owed £344.00 (roughly) i instantly phoned them to see what this was about and apparantly it was for an old credit card debt with bank of scotland. Now i do remeber that and i paid about £700.00 to them and i'm pretty sure they said they'd write the rest of the amount off, anyway long time ago, cant be sure, so Link said the last payment i made was in aug 2000, and i've never heard anything about this for 5 years and now i get this letter. so the other day i sent them £1.00 and a letter asking for a copy credit agreement. (rec del of course) just come home to the phone ringing and some irate man form link shouting down the phone at me, firstly telling me the fee is £5 not £1 then declaring they dont think they have the CCA and i'd better just forget asking for it cos they aint got it and they gonna start putting charges on the £344. etc etc, he was quite abusive and i tried getting off the phone several times while he was ranting. I cant belive i owe this money, jesus its been like 5 years!! any ideas fellow FM's on what i do next. (i was thinking to just send the other £4 and request again the CCA) oh yes he said that it doesn;t matter about CCA as its on my credit file that i owe them?? so i dont need CCA. i love the way they get so aggressive and threaten to take me to court, i felt like blowing him a kiss down the phone and saying Happy Valentine Tiger!!!! grrr

  10. phew, i emailed heaps of places in aberdeen last night and luckily scott and co (messengers in arms etc) have replied first thing this morning and said they'll do it. i have to post it down to them in aberdeen and send a cheque for just under £16.00 (not bad). before i received this email i spoke to the sheriff clerk about difficulty in getting a solicitor etc, i mentioned that maybe i should have gone for 2 small claims instead (people seem to break down their claims in blocks of £750) but he said that cant be done? i'm sure i've seen other posts about it. so it looks like its back on track, just worried about the costs if we do lose the case (i know nobody has lost agains the bank yet) but dont know of any other summary cause cases? small claims if you lose you only pay cost of up to £75 but with summary cause you pay all their costs back! so i'm just feeling a bit nervous today.

  11. Hi everyone, can i write to companies for a copy of the original agreement if i have paid off the debt. For example, there are 2 credit cards who i owe £0.00 to but had difficulty paying off. Can I request to get a copy of the original signed agreements and if they fail to comply, can I get them to repay the money that I paid to them??


    Thanks for your help.

  12. handed in my summary cause yesterday (tue) and paid for it, received it back from the court today stamped and signed but am having trouble getting it served:eek: reason is there are no sheriff officers in shetland so have to get a solicitor to do it, traipsed around all the solicitors today and nobody can do it (reasons vary from too busy to we dont do that here) i think in other words small island community too scared to get involved:confused: am trying sheriff officers in aberdeen and inverness to see if they can do it and how much it'll be. needs to be served before next fri. if anyone has any other ideas let me know pronto. i really didn;t think it'd be problem, but my partner thought this would happen, is like that here sometimes.

  13. thanks heavens! someone else who's going down the summary cause route, me and partner been trying to sort this out and gave my local sheriff court my summary cause and £39.00 today! i came to look on this site then noticed everyone else is splitting theirs! i never realised there was more of a risk:o too late now anyway. i really cant see that there will be any difference, has a bank been to court yet? i dont think so. anyway i do know i'm the first one to do this in my town, so i'll be back on this thread to keep you all posted. i have to now wait for court to send me the docs (they said they will put dates on) then i have to find a solicitor to serve the summons. (as in shetland there are no sheriff officers here will have to be solicitor) good luck everyone.

  14. Hi everyone, just a quick question. Im chasing over £1000 from lloyds tsb. I sent the first letter and received a standard response, then sent the Letter before action and received another pretty standard response and had no partial offers from them. I am about to hand in the summary cause summons (Scotland) to the courts but I wanted to know if anyone here has actually had to go into court or do the banks always settle before it gets to that stage?


    Please reply cos I am putting the court document in tomorrow.


    Thank you All.

  15. so sorry for barging in this forum, have had something posted in general but no replies and am getting stressed. i'll try an be very brief, DCA called scott and co, claiming council tax, i've been paying it back and forth when i can, when i've been working etc, is a joint debt but as the ex has moved to englad scott and co say they cant enforce their scottish law on him! nice eh, i'm thinking of moving! anyway, they did an earnings arrestment, which suited me actually as i never noticed i was paying it, but as my work is seasonal if stops for a few months every year, so it stopped in jan, so their payments stopped, they phoned and i agreed to pay £6.00 per fortnight!! wow! well i wasn;t earning anything and not entitled to benefits, didn;t pay owt, then i get a letter last sat saying they've issued a funds arrestment and i might not have access to my bank account!!:eek: totally out of the blue, no reminders etc, been a bit frantic, then i got out letter to re read it and noticed it says to contact them to prevent further action blah blah, i only contact them by email as i refuse to sit on the end of a phone all day, not getting anywhere with them, dont know if its been executed or not, dont know much really, thought they have to send a default notice first? not sure...can some clued up expert please give me some advice? all i get from them via email is that i'm to wait for my bank to send me a mandate? any help will be sooo much appreciated. thankyou

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