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

[styeffo]

It's been a fortnight now, and i sent the letter to the P.O.box address and nothing on Track & Trace when i checked yesterday..

[shakespeare62]

I did. Went through Consumer Direct but they weren't even interested in putting it through to TS. They told me to phone the National Debt Line instead and get help to pay off the debt.

It was totally useless:mad:

 

Yes ..I've found Consumer Direct sometimes need a little gentle persuasion as the requirements of Trading Standards and OFT to get involved, and hence to register the complaint with TS & OFT.

 

Initially the advisor I spoke to (on behalf of a close friend) was saying things like ..does she actually owe the money ? (no - nothing to link, but link claim she owes them money which she disputes) and he was trying to point me in the direction of national debtline.

 

• I had to explain politely that Link were in breach of CPUTR 2008 by misleading and aggressive practices e.g. unlawful Default Notice. I explained the requirement for 14 days notice from the day after service, meaning following postage and subsequent receipt and not the day link typed the letter.
  

 

• I also explained that Link had failed to produce a copy agreement (under s77-70 of the CCA 1974) within the required 12 working days and were still in default, this meant that Link were Breaching OFT guidelines regarding CCA 1974, including :-
  

section 9.4 of the OFT's Consumer Credit Act 1974

Post-contract information requirements

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft1002.pdf

 

: "9.4 Where a creditor fails – on request and upon payment of the appropriate fee by the debtor - to provide the information required by sections 77-79 and 97 of the 1974 Act, the creditor is not entitled to enforce the agreement whilst the default continues. If the creditor fails to provide information relating to any security, pursuant to sections 107-110, he is not entitled to enforce the security instrument. [end-quote]

 

The Consumer Direct advisor then pointed out that link would be legally unable to take any further action until CCA compliance, however I pointed out that that consequently this DCA were demanding money for a debt they cannot prove. Which is misleading [CPUTR 2008] to consumers.

 

Also that the DCA were breaching the Data Protection Act 1998 by registering false information for the unlawful Default Notice.

 

The message got home and the advisor confirmed he had reported Link to OFT and TS.

 

The point here, in making justifiable complaints to consumer direct, you firmly need establish links breaching of the OFT and CPUTR 2008.

 

The following regulations confirm Trading Standards and OFT duty to investigate relevant breaches :-

EXPLANATORY MEMORANDUM TO THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008

2008 No. 1277

http://www.opsi.gov.uk/si/si2008/em/uksiem_20081277_en.pdf

 

 

:-

2. Description

2.1 The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) introduce a general prohibition on traders in all sectors engaging in unfair commercial (mainly marketing and selling) practices against consumers

 

Enforcement

7.7 The UCPD requires that there is adequate and effective means to combat unfair commercial practices. This has to include a procedure that allows court action to stop or prevent breaches of its prohibitions. This is achieved by adding the Directive and the CPRs to the Community infringements regime under Part 8 of the Enterprise Act 2002. In addition the Government has decided that a breach of most the prohibitions in the CPRs will be a criminal offence. The CPRs place a duty on the Office of Fair Trading (OFT), local authority Trading Standards Services and the Department of Enterprise, Trade and Investment in Northern Ireland (DETINI) to enforce the Regulations."

[end quote]

Note: (UCPD) = The Unfair Commercial Practices Directive

section 9.5 & 9.6 of the OFT's Consumer Credit Act 1974 Post-contract information requirements states :-

 

" 9.5 In addition, the OFT and Local Authority Trading Standards Services

have powers under Part 8 of the Enterprise Act 2002 to take

enforcement action where there is a breach of legislation which harms the collective interests of consumers.72 Enforcement action may also be

taken where appropriate under the Consumer Protection from Unfair

Trading Regulations 2008.73"

 

9.6 Breach of the requirements may also reflect on fitness to hold a

consumer credit licence under the credit licensing regime.74"

[end-quote]

 

Now, I'm no expert, I'm just trying to contribute to the discussion . Hope this helps. Also I of course noted down the National Debtline number he offered, but made sure he had reported 'link' to TS & OFT for breaches of their regulations. In general I would say he was very helpful and polite. Having a list of regulations the DCA have allegedly broken tho' is useful.

[The Phantom]

I spoke to Consumer Direct last year in May or June (2007) and CPUT wasn't in force then. As for the other breaches the advisor simply wasn't interested and was just keen to get me off the line. I am not sure if they even fully understood the breaches I was talking about. They were just adamant that I was in severe danger of having a charge put on my home and I should seek help in paying Link rather than to pursue this futile line of complaint.

Suppose it all depends on who is on the other end of the phone.

[FANTASY CHARGES]

REGARDING recorded delivery are we all aware that at the larger post offices they actually enter the postcode into the royal mail tracking system thereby you have proof you actually posted the document --

 

 

which it is believed is good enough in law

 

 

so much so that in these larger post offices, on display ,they only have the top half of an orange recorded delivery slip on display ( the bottom half is not used and you get a printout slip instead of stamping as before ) ..

 

. this has been going on for a couple of months

[shakespeare62]

REGARDING recorded delivery are we all aware that at the larger post offices they actually enter the postcode into the royal mail tracking system thereby you have proof you actually posted the document --

 

 

which it is believed is good enough in law

 

 

so much so that in these larger post offices, on display ,they only have the top half of an orange recorded delivery slip on display ( the bottom half is not used and you get a printout slip instead of stamping as before ) ..

 

. this has been going on for a couple of months

 

so ...effectively, an 'unsigned for recorded delivery' is as good as a certificate of posting ?

i.e. a CCA request is deemed to have been received on the 2nd business day after it was posted ?

[FANTASY CHARGES]

have just looked at one of the post office receipts

it shaows

 

date and time

 

weight ( if you were clever you would ask them to weigh the envelope - by stating the weight you could - in certain circumstances almost prove the content of an envelope ??) -- they seem to enter 20 grams for the weight without weighing

 

it shows your barcode (tracking ID)

 

destination address

it prints at least some of the address (it works for p.o. box numbers as well )

 

& states

 

address validated "Y":

[mummybird]

I did sent mine to their PO address, but not signed for. Are we all going to contact Consumer Direct. I think I will.

regards Mummybird

[mummybird]

I forgot to say on my last post. I rang the Post Office and they said my letter posted on 7th Oct. would not be considered missing until 25th Oct.

Talk about snail mail!!!!!

[angry cat]

Today, I sent off a formal Section 78 Default Notice to Link, I also reminded them that they are in breach of the CPUTR's 2008. I sent this by 1st class Recorded Delivery.

As I still do not have confirmation fron the Royal Mail; track and Trace, for the previous correspondence that was posted 2 October 2008, I have picked up a P58 Form from the Post Office, which I will complete and submit.

 

Yes, mummybird please make your complaint to Consumer Direct and...do not be fobbed off.

 

Love

AC

[mummybird]

Hi angry cat

Did you find a template for Section 78 Default Notice. If so could you tell me where,please.

I shall complain to Consumer Direct on Monday

Regards mummybird

[Primo]

Dear All,

 

Just a thought for a Sunday morning... Has anyone approached the tabloids with Link stories? Now there are a lot of nasty collections outfits out there but there are some cute angles to this one...

 

Paul Burdell is an American playboy who races cars (badly) for a hobby. He is roughly three feet shorter than his slim blonde wife, who is the one that signs all the letters. It could also be that there are some interesting antics in his past that tie in nicely with reckless/dodgy bankers screwing over the little guy.

 

Isn't he just the manwho should be making people miserable this Xmas... US Playboy vs UK punters.

 

Link's tactics are obviously on the edge of being legal, and I am sure that the 'blue-chip' backers they are so proud of wouldn't appreciate press coverage... especially if they also dwelled on the inaction of TS and other such groups.

 

Please feel free to disregard, flame, accuse of trollery as you see fit.

 

P.

[MARTIN3030]

Good work here.

Following similar action by Capquest-I put together the stickie which paved the way to address things.

Maybe we should do the same for a Link thread - much of the info here can be added...with everything in one place making it easier to navigate and digest.The problem with an open thread is that the main points of interest get swallowed up within the thread and take time to find.

 

Its apparant also that the recent actions by Link breach pre court action protocols - since they do not allow the recipient the time they should have.

 

If you read some of the Capquest threads,some users have claimed costs and compensation following Capquests SDs-in their case most being stat barred.

 

There is a good letter that can be sent which reminds DCAs of Court pre action protocols and demands that they provide not only information under the CCA but also other things which benefit the member,and can be produced later if Court action is commenced.Alternatively You can use it yourself.

However the letter is designed to be fired off BEFORE any legal action is commenced,and in many cases here it seems it would be too late to be used,however there are things in there which could.

heres the letter.

 

 

 

 

Pre action protocols are considered a very important part of the process-this gives you an opportunity to request documents that will be essential for determination and also to properly allow you to prepare your case.

Send it off as soon as the other side tell you Court is being considered/actioned.

 

 

 

 

 

 

 

Their address

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have beed duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

 

 

 

Add ammend or delete those parts that apply in your case.Send recorded delivery.

[MARTIN3030]

Good work here.

Following similar action by Capquest-I put together the stickie which paved the way to address things.

Maybe we should do the same for a Link thread - much of the info here can be added...with everything in one place making it easier to navigate and digest.The problem with an open thread is that the main points of interest get swallowed up within the thread and take time to find.

 

Its apparant also that the recent actions by Link breach pre court action protocols - since they do not allow the recipient the time they should have.

 

If you read some of the Capquest threads,some users have claimed costs and compensation following Capquests SDs-in their case most being stat barred.

 

There is a good letter that can be sent which reminds DCAs of Court pre action protocols and demands that they provide not only information under the CCA but also other things which benefit the member,and can be produced later if Court action is commenced.Alternatively You can use it yourself.

However the letter is designed to be fired off BEFORE any legal action is commenced,and in many cases here it seems it would be too late to be used,however there are things in there which could.

heres the letter.

 

 

 

 

Pre action protocols are considered a very important part of the process-this gives you an opportunity to request documents that will be essential for determination and also to properly allow you to prepare your case.

Send it off as soon as the other side tell you Court is being considered/actioned.

 

 

 

 

 

 

 

Their address

 

 

date ****NOTICE UNDER CIVIL PROCEDURE RULES***

 

reference

 

 

 

 

 

Dear Sir/Madam,

 

 

This is in acknowledgement of your letter dated ................and also of .............The contents of which have beed duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

 

 

I put forward that you now have a requirement to provide me with;

 

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with........... is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

 

 

Yours Faithfully/Sincerely

 

 

 

 

......................... . (not to be signed) Print name

 

 

Dated..........

 

 

 

Add ammend or delete those parts that apply in your case.Send recorded delivery.

 

 

 

 

 

Angry Cat-Good work with your input with Link.

Have you written to Lambeth TS to ask for written clarification of their position ?

Also may be worth asking how many complaints about Link financial have been referred to them in the last 12 months.

Should they not respond then this information would be available under a freedom of information request.

In the absence of intervention by those organisations there to enforce the rules of compliance,then theres only the County Courts they understand.

Plus of course theres also the FOS-the compensation scheme is there to be used.

[angry cat]

I have been emailing them;

this is the first response that I received:-

 

 

 

Thank you for the attached letter fortunately there was also one attached in the discussion group. I will try to speak to the OFT today to highlight the concerns you raise.

 

(The above relates to the one of the first of the DN's that were posted up)

 

 

 

On the Consumer Protection regulations I think you might be stretching their applicability too far. The definitions contained within the first regulations define inter alia commercial practice, transactional decision and product widely but not so far as to include instruments of credit or debt or further the behaviour and activities of debt collectors. Any court would also be concerned with this and especially so as these businesses and practices are covered separately by other more specific legislation and codes of practice. I am however open on this and am more than prepared to consider your informed views further if you could help me by explaining how they might apply to the practices and documents discussed".

 

Of course, I emailed back and challenged the above;

I will post up that response shortly

 

AC

[angry cat]

I replied:

 

"I realise that the OFT will not as a matter of policy investigate or comment upon individual complaints.

However the concerns that I have raised do not just apply to me as an idividual, but has a far wider public interest. So many consumers have been affected by the actions of Link Financial and the numbers are growing daily, as shown on several internet consumer action groups. Therefore it concerns me greatly that this msot serious matter is likely to be watered down, to individual complaints that, will not be taken seriously by Trading Standards or the OFT!

 

I have asked you, who has the Home Authority relationship with Link Financial?

 

You replied;

 

"The head office for Link Financial is located in Lambeth and I believe they have other offices in Caerphilly in Wales. We do not have a Home Authority relationship with Link and I am not aware of any other authority that might have".

 

I am sure that you are familiar with,LACORS (the Local Authorities Coordinators of Regulatory Services) leaflet "Introduction to the Home Authority relationship with Trading Standards:

http://www.northyorks.gov.uk/CHttpHandler.ashx?id=87&p=0

 

"(b) For business with multiple branches, stores etc throughout the UK, your Home Authority will generally be the local authority where the head office (or decision making centre) is located"

 

Note, it is not clear exactly where the Link Financial decision making centre is located?

Link Financial's registered office is in fact located in Lambeth, they also have offices in Caerphilly,Wales but they state that their Group headquarters is in Dublin, Republic of Ireland (Eire)

Furthermore, in an earlier conversation you informed me that Link Financial is part of a very large organisation/corporation based in Spain.

Please advise me of the name of this organisation/corporation.

 

I find it rather peculiar that Link Financial has not set up a Home Authority relationship with any Trading Standards authority, who could have provided advice and guidance?

 

All local authorities have a statutory responsibility ensure that business's comply with all relevent legislation, this is clealy not the case with Link Financial.

 

I take the view that, because Link Financial has failed to establish a Home Authority relationship with any enforcing or originating authority, this has and is causing great unfairness to, average consumers. Therefore Lambeth Trading Standards should not be refusing to look at complaints that are concerned with local breaches of legislation.

 

Further, I consider it to be extremely unfair to expect consumers who have complaints about Link Financial, to have to make their individual complaints to various Trading Standards authorities that, are scattered all over the various regions of the United Kingdom, when factually there is no Trading Standards Home Authority to mediate and or investigate: this course of action would, enevitably water down this serious matter.

 

I trust that you will be able to answer all my concerns".

[angry cat]

This was the reply:

 

 

 

 

 

"I will try to answer the points in your letter one by as I have interpreted them.

 

 

 

You mention the wider public interest in the actions of Link Financial other than your own. Whilst this may be the case Lambeth Trading Standards can only deal with those complaints that arise within the confines of the borough borders by the residents and local businesses that inhabit it.

 

 

 

If consumers and businesses of other areas complain of businesses located in Lambeth their complaint should be passed to their own local authority who will determine what action to take. This may and usually does involve contacting us to determine a number of things such as the traders history or whether or not Lambeth has advised the trader in past or whether indeed Lambeth would be prepared under the home authority principle to bring to the traders attention perhaps some (usually minor) non-compliance.

 

 

 

The last of these presupposes two things; that that Lambeth gives business advice and Lambeth and the trader have formally agreed to act under the home authority principal. As a matter of policy, due in part to our very small size, Lambeth Trading Standards does not offer a comprehensive business advice service and does not therefore generally offer a home authority service. Suffice it to say that Link and Lambeth Trading Standards do not have a formal home authority relationship. I appreciate that this presents some difficulties for originating authorities but we will generally be as helpful as we can but naturally we cannot offer this level of co-operation to consumers. They must, as even the home authority principle requires, complain to their own local authority first. This should not be difficult as if you allege a crime it is the responsibility of your own local authority to investigate further.

 

 

 

In your email you make the point that the effect of any individual actions taken by separate trading standards would in your opinion be ‘watered down’. I am not sure I understand you precisely but if you think that each and every separate action would not on its own have the effect of affecting Links legal ability to trade then you are not right, as you ignore a number of important features of the legal system. Firstly that criminal records once made are nationally available, that the cumulative effect of proven criminal actions would increase the sanctions as they are found and that national regulator would eventually be forced to consider what actions it could take to prevent further offences from occurring in a business it licences. This entirely ignores the trader’s capability to vigorously defend itself and to take necessary mitigating action in changing its procedures.

 

 

 

And this last point is the most relevant in fact Trading Standards does not enforce a vast array of legislation in the area of debt collection. Originally you complained that their were breaches of the new Consumer Protection regulations but these are not only enforced by Trading Standards they are also enforced by the Office of Fair Trading who also has powers far in excess to those of Trading Standards in relation to its own consumer credit licensing regime.

 

 

 

I have tried to give you as full an answer as I have been able but I again urge you to approach your own local authority and allow them to determine what course of action they can take on the strength of the evidence you can offer".

 

AC

[angry cat]

I have replied with the following and await a response!

 

"Thank you for your extensive response. However, I note that you failed to answer all my questions?

 

I would also ask you to inform me as to, how many individual complaints that you have received about Link Financial Limited, from consumers within the last two months.

 

Please see the following for your information:-

 

The following regulations confirm Trading Standards and OFT duty to investigate relevant breaches :-

 

EXPLANATORY MEMORANDUM TO THE CONSUMER PROTECTION FROM UNFAIR TRADING REGULATIONS 2008

2008 No. 1277

 

http://www.opsi.gov.uk/si/si2008/em/...0081277_en.pdf

 

 

:-

 

2. Description

2.1 The Consumer Protection from Unfair Trading Regulations 2008 (CPRs) introduce a general prohibition on traders in all sectors engaging in unfair commercial (mainly marketing and selling) practices against consumers

 

 

Enforcement

7.7 The UCPD requires that there is adequate and effective means to combat unfair commercial practices. This has to include a procedure that allows court action to stop or prevent breaches of its prohibitions. This is achieved by adding the Directive and the CPRs to the Community infringements regime under Part 8 of the Enterprise Act 2002. In addition the Government has decided that a breach of most the prohibitions in the CPRs will be a criminal offence. The CPRs place a duty on the Office of Fair Trading (OFT), local authority Trading Standards Services and the Department of Enterprise, Trade and Investment in Northern Ireland (DETINI) to enforce the Regulations."

[end quote]

 

Note: (UCPD) = The Unfair Commercial Practices Directive

 

section 9.5 & 9.6 of the OFT's Consumer Credit Act 1974 Post-contract information requirements states :-

 

" 9.5 In addition, the OFT and Local Authority Trading Standards Services

have powers under Part 8 of the Enterprise Act 2002 to take

enforcement action where there is a breach of legislation which harms the collective interests of consumers.72 Enforcement action may also be

taken where appropriate under the Consumer Protection from Unfair

Trading Regulations 2008.73"

 

9.6 Breach of the requirements may also reflect on fitness to hold a

consumer credit licence under the credit licensing regime.74"

 

[end-quote]

 

As you are aware, I am gravely concerned about the effect that, Link Financial Limited; unfair commercial practices, is having upon many consumers..."

 

AC

[angry cat]

Just an update;

 

I sent a letter yesterday by SPECIAL DELIVERY to Link Financial at;

89 Albert Embankment

SE1 7TP

 

I have just checked on the Royal Mail website; track & trace, which confirms that the letter has been delivered, but there is no signed receipt...yet.

Will check again tomorrow!

 

AC

[Guest Menucha]

I'm posting on behalf of a friend who unfortunately doesn't hav e computer access.

Like me he lives abroad and Link did instruct a local Solicitor to act on their behalf although this was long before they sent out the DNs. He is also with a DMP in the UK who are now submitting the monthly payments to the Solicitor in question (exactly the same as me). He hasn't heard anything from said Solicitor since about 3 weeks prior to the DNs being sent out.

 

He is in the same position as all of us here and has asked if I would ask the following questions:

 

1. The date for the agreement to be terminated has now passed and he, like the rest of us, has heard nothing - yet - can he still request a CCA and should he send this to BOTH Link and MBNA.

 

2. Can he still send an SAR to MBNA.

 

I can do the letters and send them on to him to deal with as necessary.

 

Anything I can pass on to him would be appreciated.

 

Thanks

[citizenB]

I'm posting on behalf of a friend who unfortunately doesn't hav e computer access.

Like me he lives abroad and Link did instruct a local Solicitor to act on their behalf although this was long before they sent out the DNs. He is also with a DMP in the UK who are now submitting the monthly payments to the Solicitor in question (exactly the same as me). He hasn't heard anything from said Solicitor since about 3 weeks prior to the DNs being sent out.

 

He is in the same position as all of us here and has asked if I would ask the following questions:

 

1. The date for the agreement to be terminated has now passed and he, like the rest of us, has heard nothing - yet - can he still request a CCA and should he send this to BOTH Link and MBNA.

 

2. Can he still send an S.A.R - (Subject Access Request) to MBNA.

 

I can do the letters and send them on to him to deal with as necessary.

 

Anything I can pass on to him would be appreciated.

 

Thanks

 

Send the CCA request, including the £1.00 fee, in the first instance to the DCA who now has the account. They will either ask the OC for a copy of the document or reply to your friend saying for them to do it.

 

SAR - This needs to be sent to MBNA dont forget the £10.00 postal order

[Guest Menucha]

Thanks for that CitizenB. Will get on to it this afternoon.

[angry cat]

Well Guys,

 

Have tried once a gain to obtain the electronic proof of delivery for my Link Financial; SPECIAL DELIVERY letter, from Royal Mail Track & Trace:-

 

The letter was delivered BUT Royal Mail state;

 

Sorry, an electronic proof of delivery is not available for this item!?

 

AC

[phatram]

I've got proof of delivery for a CCA sent to the 89 Albert Embankment address.

They've written to me saying they have used the £1 to pay off some of the alleged debt, what should I do ?

Mrs P:)

[MAGDA]

Well Guys,

 

Have tried once a gain to obtain the electronic proof of delivery for my Link Financial; SPECIAL DELIVERY letter, from Royal Mail Track & Trace:-

 

The letter was delivered BUT Royal Mail state;

 

Sorry, an electronic proof of delivery is not available for this item!?

 

AC

 

Hi AC, I was told by Royal Mail that when they deliver to these companies, they usually do so in bulk, so the electronic proof isn't always available for some time. If you keep checking it should eventually show up! Keep up the good work by the way. I'm still pursuing my complaint with Caerphilly TS and they are having various meetings both internally and with Lambeth, as well as OFT, to decide on the best way forward. Will let you know if there is any update. Magda

[angry cat]

I've got proof of delivery for a CCA sent to the 89 Albert Embankment address.

They've written to me saying they have used the £1 to pay off some of the alleged debt, what should I do ?

Mrs P:)

 

Accuse them of theft, your £1 payment was a CCA statutory fee and not intended for any other purpose!!!

It was NOT their money to taker eport the matter to the OFT and the Police.

 

Link Financial keep doing this and it is not legal!

 

I note that they have taken my CCA £1, but I added a para., stating that if they took the stat fee money, then I would consider it as theft...

 

AC