Link financial-help please.

[sheba29]

Hi, I'm new to this, so before I begin, hello!

 

I'm having some trouble with a company called Link Financial.I had a credit card with MBNA that I stupidly failed to keep up the repayments with. I have missed quite a few payments, as I just couldn't keep up with the repayments. I'm not sure how much I owe as I haven't had a statement for a while, but i'm sure it's over a thousand. Link financial have now taken the debt on, and as their systems were down today, I am going to speak to them tomorrow to try and arrange a payment plan(if possible)It sounds like this company are going to be really tough to deal with and i'm worrying myself sick. What i'm worried about is if they demand the money back straightaway and won't accept my offer of paying back £40 per month.Can they do this??

I would really appreciate any advice any of you have. Thanks in advance!

[MARTIN3030]

Welcome to the site.

I am going to move your thread to the debt forums,where you will get answers to your questions.There is a process which you need to go down.

First of all have you got ANY statements ? were you levied with charges by MBNA in the past ?

Try not to deal on the telephone, keep everything in writing.

You need to send a S.A.R - (Subject Access Request) for copies of statements if you dont have them.You can continue with payments that you agree with but wait for further advice here before you commit yourself. Debt collection agencies are regulated and restricted to what they can do.I am not advocating evasure of debts that are legitimately due...simply suggesting that you are able to determine how much debt you are responsible for in this matter.

[Nicegirl1]

First of all welcome to the site, you've come to the right place for help and don't worry we're all here to help you.

 

Secondly, never talk to these people, they will bully and intimidate you into paying more than you can afford and then never leave you alone. You have to find out if they have the legal right to collect this debt so you need to write and ask them for a copy of the properly executed credit agreement. I'll try and find a link to a sample letter for you. Send the letter by recorded delivery. By doing this you officially put the debt into dispute and Link cannot pursue payment. They have 12 working days to respond and after a further month they have technically committed an offence under the Consumer Credit Act 1974.

 

Even if they come up with the right documents, and you must check this out on the site, they cannot force you into paying more than you can afford, they have no legal powers whatsoever. You'll soon learn to treat these organisations with the contempt they deserve.

[MARTIN3030]

Here is a thread you should also have a look at.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/111935-scare-tactics-link-financial.html?highlight=link+financial

[sheba29]

Hi,

 

I have tried speaking to Link today, and I know I have been advised not to speak to them on the phone, but I thought I would at least try to speak to them first. I spoke to a really rude woman who said that under no circumstance will they accept monthly installments.I advised her that there is no way I can give them £1,100 now and that is the only way I can afford to repay this. If they won't accept my offer of installments, and I can't give them the money now, what other option do I have??

I'm so upset, and I just don't see a way out of this.I need to request my credit agreement by writing, does anyone have a template for this??

 

Please help me x

[spamheed]

the trouble with talking to them on the telephone is; they can provoke you, abuse you, insult you and make you extremely angry - then deny it all.

 

If you are prepared to enter into dialogue with them, it must be in a manner that makes them accountable and can be presented before a court should it come to that position.

 

I would suggest either going down the route of sending them a CCA, placing the account in default and making them aware that you know what you're doing (it does make a difference)

 

If they have no paperwork, game over, they cant enforce anything

 

If they come up with something, then fine, submit income and expenditure forms and make an offer to repay by amounts you can reasonably afford. all in writing. if they then take you to court, you can say that you tried to resolve things correctly. without the written communications, you cant prove a thing, and they will deny that you ever called. Should it ever go that far, a judge will always favour the person who at least made a genuine attempt to resolve their debt.

[eggy12]

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

 

DO NOT SIGN 'PRINT'

Send at least recorded delivery and use postal order not cheque