LINK financial old store card debt / **Won**

[apachesquirrel]

I was recently contacted by LINK financial who claim I had an outstanding debt on a store card which I took out in 2002. I did take out the card to get the purchase discount, then paid it off and cancelled at the end of the month. unfortunately I dont have a copy of my cancellation letter, but I have my bank statements from the time showing my last and only payment to them.

After calling their office they claim that the account defaulted in 2006 and was sold to them. I have written to the store (Debenhams) who said I would need to contact GE Capital bank. Debenhams have forwarded my letter to them, I have also called them but they say its nothing to do with them and I should contact Link financial.

I have asked Link and GE by telephone to send me a statement of the account so I can see if I really owe the debt, but they say they don't have it.

 

This morning I recieved a 'you have been served a notice' letter saying I haven;t acted on the debt and they might take further action.

 

any advice? its not a huge debt but I hate being bullied by these people.

[Guest forgottenone]

Have you CCA'd them? Also, do not contact them by phone ... that removes one way of bullying you. And because there is no record in writing. Someone here will assist you with the next steps. But, my really good advice now, no more phone contact. Also, as you do not say how long ago you wrote to them, it will help others to help you if you provide those details. Eg, 'I wrote to them in April' for example. That will be a timeline then and help with your case, what to do next.

 

Also, if you are able to ... you will need to scan whatever you've received today ... so that the experts here can see exactly what it is you've received eg a 'notice'. Also, any other responses in writing as well. Removing, obviously, personal information.

 

However, re-reading where you say you have bank statements ... then surely it's now up to them to prove you haven't? Not for you to prove to them you've paid?

[maroondevo52]

Hello and Welcome, Apachesquirrel.

 

You could send the Origional Creditor a SAR

 

http://www.ico.gov.uk/upload/documents/library/data_protection/practical_application/subject_access_-_guide_for_data_subjects.pdf

 

This should let you know the score, regarding payments made ect.

 

 

There is a 'prove it' letter you could send............

 

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

Regards.

 

Scott.

[Guest forgottenone]

Anyway, ignore most of what I posted ... you've had the correct advice as above. I'm just a learner, so tend not to put things like that in case they are incorrect.

[apachesquirrel]

wow thanks a lot guys I didn't think anyone would reply so quickly.

They have been calling me everyday, sometimes evenings, sometimes morning, i haven't answered the last five or so (its a private number so I know its them). I will send the letter you recommended thanks again.

 

I dont have a scanner, however this is how my letter reads:

 

YOU HAVE BEEN SERVED A NOTICE

 

You recently received a letter from us regarding your GE CAPITAL BANK LIMITED account xxxxxx that was a legal requirement under section 136 of the law of property act 1925.

we are disappointed that you have not acted upon our instructions and contacted our office.

please contact me upon receipt of this letter to discuss on xxxx

 

unfortunately, if you dont call we will take further recovery action. this may lead to the balance being increased through court costs and interest charges.

 

we therefore give you the option of paying back the amount xxxx etc.

 

 

 

This was clearly wrong, I called them immediately after receiving the first letter. Their rep told me the account was on hold whilst I investigated with Debenhams.

Also, they are saying I already owe an extra 75 pounds 'finders fee'. even though all they did was call my parents where the card was registered and get my number. It must have taken all of five minutes. furthermore, I never once received any correspondance after cancelling the card from debenhams. obviously I thought it was cancelled and didnt worry..... you'd think they would have contacted me when it defaulted? :S

[apachesquirrel]

I'd just like to say that I eventually won this little argument.... Debenhams bought the debt back from Link financial and sent me an apology!

 

thanks for your help guys much appreciated.

[maroondevo52]

Congratulations

 

Apachesquirrel, nice one

 

Regards.

 

Scott.