Link Financial have done a mass mailing of Default Notices re: assigned accounts.

[di.harry]

Trekrider, the letter by Link on the back of the envelope shows:

 

"PO BOX 30095 LONDON SE1 7WU"

 

There is nothing on the front apart from the window with my address and the post stamp, although I would prefer if it said "Private & Confidential".

 

I've left the UK also, and I live in Greece, so I don't think I'm as safe as people from outside the EC. As I said in my first post in this thread, for the one MBNA debt that does not belong to me (it belongs to some woman I do not know, according to the credit agreement Link provided) but somehow they have associated it to me, they used a collection agency in Greece who illegally found my father's fax machine and sent him a nasty letter (very inappropriate and threatening: now, my father is of some age and he almost had a heart attack from the panic this fax cause... and then it turned out that it wasn't even my debt, but someone's else!!)... so, moving country is not a guarantee that they won't try to find you.

 

However, so far nothing from the UK has affected my credit rating here (even though I've learnt my lesson and now only have a debit card and one credit card for emergencies).

[di.harry]

From the PDF link provided by angry_cat (last page, #60), Link's advertisment reads:

 

"Different flags. One standard bearer. In Europe we're providing the Link."

 

Hopefully for you guys outside Europe they don't provide any "Link"

[angry cat]

From the PDF link provided by angry_cat (last page, #60), Link's advertisment reads:

 

"Different flags. One standard bearer. In Europe we're providing the Link."

 

Hopefully for you guys outside Europe they don't provide any "Link"

 

The flags refer to EU countries:

Germany

Spain

Italy.

 

As we know Link claim that their Headquarters are in;

Dublin, Ireland.

 

All the above countries are covered by the EU Consumer Protection Directive.

 

Greece in an EU Member state!

 

Please see the following for further information:-

 

"European Union

The European Union has been very active in the field of consumer protection, producing a considerable volume of Directives which require member states to regulate consumer protection to a particular standard (which may or may not allow a higher standard of regulation).

 

A very important innovation has been the Unfair Commercial Practices Directive. Also Directives on Unfair Contract Terms (93/13/EC) and Electronic Commerce (2000/13/EC). There exists a European Commissioner for Consumer Protection, a post currently held by the Bulgarian Meglena Kuneva.

 

Germany

The Federal Republic of Germany is a member state of the European Union and is bound by the consumer protection directives of the European Union. Thus a large part of German consumer protection law has been enacted pursuant to European Directives (e.g. the directives on door-to-door sales, consumer credits, distance selling, package tours, product liability etc.). In 2002, a large part of this legislation was integrated into the German Civil Code ("Bürgerliches Gesetzbuch").

 

A minister of the federal cabinet is responsible for consumer rights and protection (Verbraucherschutzminister). In the current cabinet of Angela Merkel, this is Horst Seehofer.

 

When issuing public warnings about products and services, the issuing authority has to take into account that this affects the supplier's constitutionally protected economic liberty (article 12 Basic Law, see Bundesverwaltungsgericht (Federal Administrative Court)Case 3 C 34.84, 71 BVerwGE 183.

 

United Kingdom

The United Kingdom is a member state of the European Union and so is bound by the consumer protection directives of the European Union. Domestic (UK) laws originated within the ambit of contract and tort but, with the influence of EU law, it is emerging as an independent area of law. In many circumstances, where domestic law is in question, the matter judicially treated as tort, contract, restitution or even criminal law.

 

Consumer Protection issues are dealt with when complaints are made to the Director-General of Fair Trade. The Office of Fair Trading[3] will then investigate, impose an injunction or take the matter to litigation.

 

The Office of Fair Trading[1] also acts as the UK's official consumer and competition watchdog, with a remit to make markets work well for consumers, and at a local, municipal level by Trading Standards departments.[4] General consumer advice can be obtained from Consumer Direct[[5]] or via a local branch of the Citizen's Advice Bureau.[[6]]

 

 

[edit] Other Commonwealth countries

In Australia the corresponding agency is the Australian Competition and Consumer Commission or the individual State Consumer Affairs agencies. In New Zealand, the corresponding agency is the Ministry of Consumer Affairs [7] and the New Zealand Commerce Commission [8].

 

 

[edit] Consumer advocacy groups

Main article: Consumer organization

 

[edit] Laws

Competition law

 

[edit] United Kingdom

Misrepresentations Act 1967

Unfair Contract Terms Act 1977

Sale of Goods Act 1979

Consumer Protection Act 1987

Unfair Terms in Consumer Contracts Regulations 1999

Consumer Protection (Distance Selling) Regulations 2000

Electronic Commerce Regulations 2002

General Product Safety Regulations 2005

 

AC

[di.harry]

Many thanks for the information angry_cat!

[angry cat]

No problem di.harry!

 

Here is a thread that you may find interesting;

it relates to Cyprus as opposed to Greece;

read to the end...

 

Link Financial/MBNA - MoneySavingExpert.com Forums

 

So, I am not sure how reliable the above is?

but the writers states that;

Link are connected to;

The EOS Group!

 

AC

[Chickenlegs]

We also received the infamous DNs dated 27th Sept but not delivered until 3rd October(?) with date of 11th October for termination! What was decided about us all sending the same letter, is it worth it or not?

 

Chickenlegs

[angry cat]

I think that it was decided that it would be unlikely that, Link would bother to read the long letters.

Therefore, perhaps the short, sharp and to the point letter would be best, at the moment.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1744078.html

 

AC

[Chickenlegs]

Thanks angry cat. Our CCA request still has another 5 days to run though so perhaps we should see if they come up with the goods before sending this letter eh?

 

Chickenlegs

[di.harry]

Thanks for the link angry_cat. I'm not at home now to check my files but if I remember correctly the collection agency that tracked me down in Greece were based in Cyprus and somehow connected to Link (could be via EOS?).

In any case, I'm not worried that much about what they can do, as they can't do really anything since they've shown me that the Credit Agreement belongs to someone else. What makes me really angry, however, is that they haven't removed this mistake from their files, so they mail me (and probably everyone in their mailing list) that DN on an account which is not mine, but they addressed it to me... which means that it may show on my credit file as a default. etc.

So I'm collecting copies of all my correspondence to them about this account and sending it back to them with a strong complaint. In my previous letter to them which was sent recorded delivery (so I'm sending them proof of delivery too), I told them that if they continue bothering me about this account that belongs to someone else, and if they don't remove me from their mailings, I would consider this as harassment and report them (even though it seems they don't worry about that).

[angry cat]

I would say that it would be advisable to send the short letter and then, after the 5 days have elapsed and you do not receive your expected documents;

send the long letter, which mentions the CPUTR's.

 

AC

[di.harry]

Sorry... so to continue from above, I will send them a short and sharp letter like the one linked in post #107, but also include copies of all my previous letters/proof, etc.

[angry cat]

Thanks for the link angry_cat. I'm not at home now to check my files but if I remember correctly the collection agency that tracked me down in Greece were based in Cyprus and somehow connected to Link (could be via EOS?).

In any case, I'm not worried that much about what they can do, as they can't do really anything since they've shown me that the Credit Agreement belongs to someone else. What makes me really angry, however, is that they haven't removed this mistake from their files, so they mail me (and probably everyone in their mailing list) that DN on an account which is not mine, but they addressed it to me... which means that it may show on my credit file as a default. etc.

So I'm collecting copies of all my correspondence to them about this account and sending it back to them with a strong complaint. In my previous letter to them which was sent recorded delivery (so I'm sending them proof of delivery too), I told them that if they continue bothering me about this account that belongs to someone else, and if they don't remove me from their mailings, I would consider this as harassment and report them (even though it seems they don't worry about that).

 

It is obvious that, Link did not bother to check anyones details prior to making this mass mailing...very bed:(

 

I am sorry that your father was so very upset...they actually breached the DPA rules by faxing the DN.

Link Financial have a lot to answer for;

their mailing has caused, is causing upset and stress to so many consumers!

 

Good Luck

 

AC

[angry cat]

Yes, I would make it very clear, exactly what they have done.

 

AC

[Pathway]

What are we all going to do on the 8th/9th October - the expiry date of the default notices?!!

 

Let's all burn em!!

 

Do you think that they have beeen issued because of the changes in consumer credit legislation on 1st October? Any views?

[The Phantom]

Do you think that they have beeen issued because of the changes in consumer credit legislation on 1st October? Any views?

 

 

I think they might feel the pinch financially and decided to make a push with some dormant / disputed accounts they haven't pursued for a while

[FANTASY CHARGES]

IT IS INTERESTING TO NOTE THAT THIS DEFAULT NOTICE SAYS

 

under the heading further action set out below may be taken against you

the words in red are taken from the default regulations etc etc 1983 and are there simply because the regulations say they must be there !!!

 

however has anyone noticed that the further action set out below says that merely the account will be terminated

 

a) we think that maybe the word terminated has been used because we can smell a rankine case [this case focused on the word termination ] letter coming !!!! ????

 

b) to repeat the default notice does not say( like other default notices do )

......... you must pay the full balance owing on your account immediately. If you do not do this we may take legal proceedings against you ...... etc

 

c.) could this mass issue of default notices be a "cleansing" prior to sale of a large portfolio of alleged debts ?????

 

having looked at hundreds of default notices we have never seen one with such a short simple further action

[The Phantom]

Fantasy, maybe they have to sell as they need cash and cannot afford to pursue all these disputed and dormant accounts through the courts or on their own. They may want to salvage quickly whatever possible, i.e. sell on to some other DCA to get at least some money back into the kitty :-?

[MAGDA]

It would be worth complaining (for those of you who have letters from the branch in Caerphilly) to TS in Caerphilly. They have my complaint which they have been debating since June/July of this year, and have recently had a meeting with some of the more senior managers to decide what they intend (if anything) to do - probably the same as always - nothing!! Therefore, as they are now very aware of Link, if they suddenly get a lot of other complaints re: these DNs or anything else, then they may sit up and be more inclined to take notice. I'm due, hopefully, to find out the outcome of my complaint on Monday, so see what happens. Magda

[styeffo]

I hope that they sit up and take note, because they may be about to get a lot of letters..........

[Hopeful1]

Just looking at the default notice above, they do actually tell you how much you need to pay to remedy the notice.

 

Also, can i clarify: is it not right that a creditor can default you, but if they sell it on, the DCA can default you but only if the intial one is removed? There should never be more than one default showing on an account.

[MAGDA]

Just looking at the default notice above, they do actually tell you how much you need to pay to remedy the notice.

 

Also, can i clarify: is it not right that a creditor can default you, but if they sell it on, the DCA can default you but only if the intial one is removed? There should never be more than one default showing on an account.

 

I think the original DN still stands, but the company name shown on the default itself (registered on the credit file) simply changes to that of the new "owner" - I don't think they actually can issue anothe DN in their own name, as you have already been defaulted once(or should have been) by the OC. This is just my understanding of this, so may not be correct?

 

Magda

[Goldlady]

At one point I had four or five for the same debt - MBNA strangely. I have had at least one removed but haven't forked out the £1 recently to see what has happened.

[Guest Menucha]

No problem di.harry!

 

Here is a thread that you may find interesting;

it relates to Cyprus as opposed to Greece;

read to the end...

 

Link Financial/MBNA - MoneySavingExpert.com Forums

 

So, I am not sure how reliable the above is?

but the writers states that;

Link are connected to;

The EOS Group!

 

AC

 

 

I also received a DN yesterday giving me until 9th October - also signed by Selina Burdell. Having said that, they had the street and area address correct, but it had GREECE on the envelope and not CYPRUS - amazing it got here. No special delivery - just our normal postman put it in the box.

 

The above post is mine so now you have the link I don't need to put any more details on here - you can have a look at the current situation.

My DMC informed me that Link own EOS and furthermore are part of MBNA .

 

Another bit of info. I have the the private addresses of all the Directors i.e. Paul & Selina Burdell, Geraldine Ann Kewid (or possibly Kenud - cant read my own writing on that one) and Steven Carl Eduard Ludwig.

 

Maybe we should all write to all of them at their home addresses Recorded Delivery - it'd take them a heap load of time to stand there signing a great pile of letters........................................

Edited October 6, 2008 by Menucha
correction

[Guest Menucha]

Sorry if I'm sounding a bit thick here, but what exactly are the consequences of "On or after 9th October the agreement will be terminated"

[styeffo]

Sorry if I'm sounding a bit thick here, but what exactly are the consequences of "On or after 9th October the agreement will be terminated"

 

Hey Menucha, i wondered the same and although i could be wrong i believe that is a step that has to be taken before legal proceedings can begin.

 

If i'm wrong, there's certainly no malice intended, but i think that's the way it works ....

 

although i'm in the same boat, so i guess we'll see.