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About dazza4

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    Basic Account Holder
  1. [ATTACH]39528[/ATTACH] morning All, I have recieved the attached response from link, should i push the refund issue or is it not worth it. many thanks
  2. thanks all, Letter sent. I have no doubt they will send another letter saying that they refute the account is statute barred
  3. [ATTACH]39070[/ATTACH] this is the letter i plan to send to link any advice on wording much appreciated
  4. It was statue barred prior to this, according to Link the account was dafaulted on 27/11/2004. My first payment to them was on 19/10/2010 when they threatened to wreck my credit file so in panick I paid. then found this forum and it was noted the account was SB and I should stop paying.
  5. No i did make the payments so the statement is correct.
  6. [ATTACH]39063[/ATTACH] Morning All, please see attacehd letter from link, they enclosed the same statement of accaount as previously posted. Any ideas most welcome
  7. Thanks for your assistance I will keep you informed. i dont think I will get the money back but who knows.
  8. I would be obliged if you would review the letter i propose to send to Link any reccomendations welcome. Link Financial outsourcing PO Box 30095 London, SE1 7WU Date17/10/12 DearSir/Madam Acc/RefNo Youhave contacted me regarding the account with the above reference number, whichyou claim is owed by myself. Iwould point out that under The Prescription and Limitation (Scotland) Act 1973Part 1 Section 6 "If, after the appropriate date, an obligation to whichthis section applies has subsisted 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 obligationhaving been relevantly acknowledged, then as from the expiration of that period theobligation shall be extinguished:" Iwould also point out that the OFT say under their debt collection Guidance onstatute barred debt that "it is unfair to pursue the debt if the debtorhas heard nothing from the creditor during the relevant limitationperiod". Thelast acknowledgement of this alleged debt was made over five years ago. Unlessyou can provide evidence of payment or written contact from myself in therelevant period under Part 1 Section 6 of The Prescription and Limitation(Scotland) Act 1973 , I would respectfully suggest that you are no longer ableto take any action against myself to recover the alleged amount claimed. Wewould point out that we were induced to make payments under duress, during atelephone conversation with your staff, the tone of which amounted to bullyingand harassment. Yourlack of transparency and aggression in pursuing this debt in the knowledge thatit was already Statute Barred have been noted, and a formal complaint will bemade to Trading standards and the OFT. Iexpect that under the circumstances you will refund the £650.00 which has beenpaid at your earliest convenience. Shouldyou continue to pursue this account without providing this evidence I shallseek an interdict and damages accordingly. A formal complaint will also be madeto Trading Standards along with a report to the OFT questioning your fitness tohold a consumer credit license. Iawait your written confirmation that this matter is now closed and that nofurther contact will be made concerning the above account after that lastletter. I lookforward to your reply.
  9. many thanks for the support, only the first morning of what will be a long battle i feel. Feeling a little light headed already might be the patches.
  10. Morning All, after 20+ years my quit day has finally come around. I am using a combination of patches and inhalers as recommended by the chemist. and i have an ecig if it all goes "pear shaped"
  11. Is there any template letters which specifically refer to the 5 year statute in Scotland? Many thanks
  12. [ATTACH]38803[/ATTACH] [ATTACH]38802[/ATTACH] I think i have done this correctly. If so it shows the letter and a transaction summary. I checked on noddle this morning and there is no reference to this on my credit file. Thanks again
  13. hello all, Just when i started to think that this had all gone away, i recieved a few phone calls again. I advised link that i would only deal with them by letter and duly recieved the letter below. I do think this going beyond ridiculous, my original letter was sent ot Link by recorded delivery on the 15/10/2011. this reply dated 25/09/2012. We write to you further in relation to your Abbey national plc (Santander) account. We refute that the account is statute barred. Whilst we accept that under section 5 of the limitation act 1980 an action cannot be brought after 6 years however we would refer you to part 29(7) of the act whereby a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments. This account was defaulted on the 27.11.04. we enclose a transaction summary for the account showing you had made a payment within the the limitation period this was on the 19.10.2010. the last payment credited to the account was on 03.10.2011. the account is accordingly not statute barred. please confirm your payment proposal to settle the account..................... All responses and advise on how to make this all go away is appreciated. dazza
  14. Hi All do you have any experience of the above? i took out a halifax 3 year fixed rate which should have expired end November. I have been advised I will stay on this fixed rate till the end of january!!! Fixed rate of 6.89% against svr of 3.5% about £400 per month of a difference
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