Response from Link Financial- should they comply?

[taurus66]

I sent a CCA request to Link Financial after receiving a demand for £126. This is for an old store card. I had been repaying this at monthly intervals (£5.00) direct to G E Money so I'm a little surprised they've passed it on.

This is the response I got from Link. I understood they had to comply with my request.

 

[Hippy-chick]

:o I love it

 

How many ways is this is wrong?

 

Well - apart from anything else, as they cannot be sure that you are the debtor until you provide all of this, surely they won't be expecting any payment? After all, as they are so concerned that you prove who you are before they proceed, they couldn't possibly take your money - now could they?

 

Oh, I love it!

[taurus66]

Thanks hippychick

I didn't know whether to laugh or not at the letter/content. Why 6 specimen signatures? Maybe I'll send them 6 of the 7 dwarfs.

[Hippy-chick]

Thanks hippychick

I didn't know whether to laugh or not at the letter/content. Why 6 specimen signatures? Maybe I'll send them 6 of the 7 dwarfs.

 

Yes, that 6 really made me laugh. Now, of course, I would never accuse DCAs of underhand practices such as copying and pasting such signatures to provide official documents. But, even if that were why they wanted them (and, as I've just said, I would never, ever, say that) - why 6? That could not be so they could ensure that at least one was a copy they could use, could it?

 

Anyway, it looks as if they do not have the CCA, so do not have the authority to act in this case. So they're trying to stall. I'd file under "ignore for now" and wait for their next move. Meanwhile, I wouldn't be paying any more money towards this once it gets to the 12+2 days.

 

But I'm no expert!

[taurus66]

Yes, I'm just going to wait and see what happens next.

They wouldn't have too much bother with laura's signature!!! (Laura being the person who signed their letter.)

[Hippy-chick]

Yeah, Taurus, I noticed that.

 

[Curlyben]

As Hippy says this is sooo wrong and against OFT guidelines.

File under IGNORE and see what they say next.

 

AS they are clearly unsure you are the debtor then these come into effect.

OFT Guidelines:

sending demands for payment to an individual when it is uncertain that

they are the debtor in question, for example, 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.

disclosing debt details to an individual when it is uncertain that they are

the debtor in question, for example, disclosing details to 'the occupier' of

an address.

requiring an individual to supply information to prove they are not the

debtor in question, for example, driving licences, passports, full name,

date of birth, signatures

That's just for starters.

 

IF they write back then we'll hit them, HARD

[rory32]

In order to comply with the Data Protection Act they shouldn't have disclosed any details of the account to you if they were not sure of your identity. It's a little late in the day to bring up the Data Protection Act as a rather pathetic stalling tactic. As for 6 specimen signatures...next they'll be asking you to send them your firstborn child as a form of i.d.

[sosumi]

If they had the CCA they'd send it to you asap. Their 'Litigation Department' seems to be a little overcrowded. If they've sent you a 'demand' for this money, then surely they already know who you are? And if they don't know who you are, then surely they should be talking to the OC, which has after all been accepting your monthly payments?

CB's reply quoting the OFT says it all. People like CB and Rory32 really know their onions. Unlike some 'Litigation Specialists' who seem to be struggling with what an onion is.

[Having_A_Knightmare]

In order to comply with the Data Protection Act they shouldn't have disclosed any details of the account to you if they were not sure of your identity

 

Great point this if you could be bothered you could have some fun with these.

[taurus66]

Thanks for all your replies,very informative. In practical terms,other than waiting for them to contact me again, what could/should I be doing?

I'm disappointed with GE Money as I have never missed a payment and can't understand why it's been passed on. I am NOT paying these people.

[rory32]

You don't need to do anything unless Link contact you again demanding payment.

[special_k]

That's funny. I hope I get the same response. I sent my CCA last week.