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Link Financial Help Again


Strawbell
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Hi, I recently posted a message on here regardingly link financial (Copy of thread enclosed). We then sent them a letter as per the templates (J)offering them a full & final settlement and enclosed a cheque, which they have subsequently cashed. What I need to know is what happens if they still contact us asking for more money? Is my letter legal in anyway?

 

Thanks

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/116810-link-financial.html

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Did you obtain a written agreement from them that this was in full and final settlement of the account?

Hope this helps

 

 

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The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Have you checked your credit file to see what the previous dca have actually entered?

 

If they have entered that the default is satisfied or paid in full, then there is no debt for Link to collect on.

 

If the havent, and I reckon they havent, it will state Partially paid, then this latest DCA is after the remaining part of the debt.

 

It all boils down to not trusting DCAs and ensuring you have a full agreement before parting with any monies.

 

Firstly check the credit file, see whats been entered.

 

I doubt very much that your letter asking for an agreement coulod be construed as an agreemtn without affirmation in writing from the other party

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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The problem may boil down to the bit about "associate company" would have been better leaving associate out, may i suggest that you edit the letter above so your personal details are not there, unless your happy for them to be, makes it all to easy for trolls to identify you otherwise

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Strawbell,

 

Please be aware your personel details are available to all via properties tab on your word doc you have submitted. Especialloy by DCA's.

Suggest you scan docs to avoid security problems.

 

Regards

 

Cashin

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  • 1 month later...

Hi All

 

Still receiving calls from Link chasing money, when we offered them the full & final settlement we gave them more than the stated default amount on our credit report (which works out according to them 65% of the total they are claiming with interest). They are still threatening court so weve told them to start proceedings, we get S***ty letters saying that we're ignoring them even though we answer their calls every time. What do you suggest we do, wait for court or try and pay more.

 

Thanks

 

Strawbell

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Unfortunately and without intending to offend, this highllights the need to be patient and get everything in writing before proceeding. As well as supporting the old addage "never trust a debt collector"

 

Equally unfortunately, without any sort of written agreement from them, you are liable for the remaining balance as you have fully acknowledged the debt.

 

Personally, I would be inclined to wait and let them take me to court, state to the judge that i'd agreed a f&f over the phone and see where it got me.

 

at the very least, given that all of the documentation, and the cashing of the cheque fully support your version of events. the judge would see the dca as a snidey little so and so who can't be relied on, then unfortunately you'd have to pay. unless you get a very nice judge who's in a fantastically sympathetic mood who then tells the DCA to get lost!!

Hope this helps

 

 

If you feel that this site has helped you in any way please leave a donation if you can afford to do so.

 

If you feel that have been helpful please feel free to tip the scales.

 

 

The large print giveth, but the small print taketh away. ~Tom Waits, Small Change

 

 

Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Strawbell - That's a sad story because you obviously were not aware of this debt, and it probably has caused you and your husband a lot of stress and upset. Its going to be hard to prove that the DCA (Debt Collection Agency) agreed anything with you with regards to the payment you have already made. If it goes to court, you would obviously contest the summons, and file the reasons for your objections

 

Its not nice going to court (I've been there twice over my younger years) but if you do, just make sure you have as much information to hand as you can - cheque numbers, cashed when, etc, recollection of phone calls, and hopefully decency will outshine this company who have not acted in good faith ;)

I believe in Fair Debt - not chance

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