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

[angry cat]

The Link Financial Albert Embankment, London address;

 

Once again, I am unable to obtain cornfirmation form Royal Mail that,

my recorded delivery letter to Link dated 02 February 2009, has been delivered?

 

I will complete a P58 form, which should kick start an investigation.

 

AC

[angry cat]

DCA's are responsible for their computer generated debt collection letters;

 

Ferguson v British Gas Trading Ltd. [2009] EWCA Civ 46 (10 February 2009)

 

Link Financial, BEWARE!

 

AC

[di.harry]

DCA's are responsible for their computer generated debt collection letters;

 

Ferguson v British Gas Trading Ltd. [2009] EWCA Civ 46 (10 February 2009)

 

Link Financial, BEWARE!

 

AC

 

Thanks for that AC!

[angry cat]

Sue them! Judge backs woman who took on might of British Gas | Mail Online

 

AC

[Kraken1]

Health warning: whilst that case is useful the context should be noted - it was an appeal against an order to refuse to strike out the claim. This means that the claim itself has not been fully considered and the end result is uncertain. The judges state that they are giving only preliminary thoughts and the full case has not been argued.

 

That said, it is worth a read for the passages on what constitutes harassment. It is also worth reading for the entertaining argument that companies are not subject to the PHA because they are not people.

[di.harry]

From the above case, don't you love it when judges say things like that:

 

Lord Justice Jacob said: 'It is one of the glories of this country that every now and then one of its citizens is prepared to take a stand against the big battalions of government or industry. Such a person is Lisa Ferguson.'

[angry cat]

Parliament's intention in passing the Protection from Harassment Act 1997 was to criminalise the kind of serious and persistent unwarranted threat which is alleged here, giving a right of civil action as a fallback. In this situation it ought not to be left to hardy individuals to put their savings and homes at risk by suing. The primary responsibility should rest upon local public authorities which possess the means and the statutory powers to bring alleged harassers, however impersonal and powerful, before the local justices.

 

Trading Standards take note!

 

Also if you combine Judge Jacob's view; "Sue Them", with Reg 7 of the CPUTR's, that opens up a whole new can of worms.

 

Now, ask yourselves, did Link Financial really consider their action in sending out that computer generated mass mailing at the end of last year?

 

Answer: No, they did not;

the mass mailing was nothing more than attempted hasassment.

 

I (we) complained to Mr. Gardner at Lambeth Trading Standards and Caerphilly TS;

what did he/they do;

nothing.

 

I (we) complained to John Fingleton at the OFT...;

result, not known yet.

 

MAGDA, complained to Gareth Thomas, BERR;

Minister for Trade, Investment and Consumer Affairs.

 

AC

 

AC

[Kraken1]

I'm not excusing it, but I think it comes down to resources. I bet that there aren't that many bodies in Lambeth trading standards. Would I pay more tax to have more trading standards officers? I don't know, honestly I think I have other things higher up on my list, like nurses and stuff. What does a trading standards officer get? 30k?

 

I would wonder what exactly their priorities are and how are these assessed?

 

The number of complaints must factor. I suspect that if only a handful of letters have been received, and it can be seen on here that there has been a concerted campaign then this would probably harm the cause rather than help it. We don;t know how many complaints have been sent but we know that there were fewer than 12000 or so for the whole industry. It seems that leather sofas are more of a problem?

 

Consumer Direct - Consumer Direct Reveals Top 10 Complaints In 2008

 

Ultimately I supsect that the priority setters will be elected and the electorate is more concerned with their tush.

 

As regards all links DNs, I saw on another thread that a cagger beat them in court as no valid default notice had been served. I'd wager the mass mailing was a response to correct a previous oversight.

 

Was it harassment? I suppose it depends on what else has happened with the notices. There needs to be at least two courses of conduct. I think a significant factor in this case is also that the victim is entirely innocent. The media has been reporting other harassment cases coming up (R4, you and yours, today) and I think these will be more persausive and will have more of an impact than this one where everthing is effectively obiter.

 

I thought there was a response from the OFT a few pages back, as well as one from an MP? Gareth Thomas has been knocking around talking about debt collectors so maybe Magda's complaint wasn't entirely ignored? Wasn't he oin watchdog the other week?

[tierisch]

Well thought they had been quiet for a bit so hey presto it's a new year and they have run out of things to do so lets send me a letter

 

They have sent me a request for a personal budget plan for an account that they think they own....wot a larf! And even more hilarious is that it states about 'equitable distribution of available funds' but (guess what) Link is at the top of their list. Then it states i must complete all their form for the application to be considered....now why would i apply for something that they have nothing to do with......

 

Back in the envelope to them me thinks.....perhaps i should enter unsolicited post on the envelope?

 

Tierisch

[di.harry]

Hi guys,

 

Many pages ago (in this thread) I talked about an MBNA account that LINK was chasing me about and that I did not recognise. I asked for my CA and they eventually provided one belonging to another person... but this did not stop them asking for full payment for an account they had proven to me was not mine! After 1 year of LINK's letters and nasty tactics (reported earlier in this thread) they realised that I was right and the CA did not belong to me (unless I had a name & a sex change!) and so they managed to find a CA signed by me (an account that MBNA gave to Wescot, and Wescot then lost it from their computer, and it then turned up with LINK). They explained that the LINK reference number was wrongly connected to an MBNA belonging to Mrs. X, but now they found the correct MBNA account (belonging to me) that should be "linked" to the LINK reference.

 

As they didn't mention what the outstanding balance was for the "correct" account signed by me, I asked them for a SOA (I only had the balance of the account that did not belong to me!).

 

They wrote to me before Xmas giving me a balance (which is close to the Wescot balance, but a bit higher - i.e. with probably a couple of my Wescot payments lost when Wescot lost me from their records!). They also told me that they need about 30 days to get a full SOA from MBNA.

 

All this you probably already know if you've read my earlier posts, but I summarised here, as this thread is becoming massive and its hard to remember everyone's story.

 

Anyway, so LINK just sent me the SOA.... and guess what:

THEY MESSED UP AGAIN, AND THEY SENT ME THE STATEMENTS FOR MRS X. AND NOT FOR MY ACCOUNT - i.e. they sent me statements for the wrong account (making the same mistake twice)!!!!!!!!!

 

Who said they employ 5 year olds... 5 years are more intelligent!

 

So now I need to write back and tell them how thick they are for the tenth time and if they can please provide me with SOA for an account that belongs to me, rather to any other random person!

 

I'm sure I should also report them for sending me a CA that belongs to another person, and now all their statements of account. I now have the name, address, and MBNA statements for Mrs. X.... and she probably has my stuff!! Surely, that is not right according to Data Protection.

 

As a follow up to the above story, I received a letter from Link acknowledging my formal complaint to them, which they are unable to resolve at the moment... they will contact me again in 4 months to see if they can figure out the mess up... meanwhile, my request for a SOA under CCA is still unfulfilled a couple of months later.

[di.harry]

sorry... typo in my post above: not "in 4 months", I wanted to say "in 4 weeks"... but then again you never know with them

[tierisch]

I had the same with them about a complaint....and as i guessed they felt they werent at fault!!!

[semyaza]

Well I havnt heard back from these clowns so far. It got stuck at no properly executed notice of assignment. They had 28 days to sort it out and it's now been 33. The Judge said he will strike it out as its been going on too long.

 

Dont think I can be bothered to complain. I will hopefully make a claim against them instead ;-)

[MAGDA]

No MAGDA,

I have not heard a dicky bird!

 

We now are all aware the the so-called regulators, do not regulate.

 

I note that yesterday, John McFall, Chairman of the Treasury Select Committee stated:

 

"The FSA is Industry dominated,

with no Consumer representation"

 

It is my opinion that, this view filters down through all the regulatory departments;

 

The OFT;

FOS;

The ICO and;

Trading Standards.

 

The Trading Standards Service procedure is out of date, they are not doing their jobs correctly. Trading Standards have a duty to fully investigate complaints and then act, but what do they do?

they play pass the parcel and end up, doing a heads down.

 

Not good enough TS;

the times are a changing...

 

AC

 

p.s. The top man at the FSA has just resigned!

 

Be interesting to know what is happening about Link's licence - TS told me that it was up for renewal which we all knew of course and implied the OFT would be looking at it. So, I wonder if they've finished looking and actually managed to make a decision - wouldn't have thought so... As you say AC, they TS put their heads down and act as though the complaint was never received, and OFT are pretty much the same. They always blame it on lack of resources, but I think the truth of the matter is that they just can't be bothered and also quite often have a far from unbiased relationship with the company concerned. Magda

[mysticpols06]

Hi - Just a quick note - have a feeling may be joining your link fan club before long

Hubby had a postcard through the door few days ago with nothing except ; "Please call helen urgently on 0207 793 2690" printed on it & a registered add for link at the bottom. Am assuming his cap one acc may have been passed to them beings as we cca'd them in nov and have not heard a thing so withheld payment the last couple months, but we have not had a noa from cap one or anyone else. x

 

Morning Peoples. Was right re above. Letter yest. Have started new thread for my dealings with them (so as not to get confused or lost).

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/185098-cap-one-passes-link.html#post1991912

 

Advice/discussion always gratefully received. Will keep thread updated. Mpols x

[angry cat]

Be interesting to know what is happening about Link's licence - TS told me that it was up for renewal which we all knew of course and implied the OFT would be looking at it. So, I wonder if they've finished looking and actually managed to make a decision - wouldn't have thought so... As you say AC, they TS put their heads down and act as though the complaint was never received, and OFT are pretty much the same. They always blame it on lack of resources, but I think the truth of the matter is that they just can't be bothered and also quite often have a far from unbiased relationship with the company concerned. Magda

 

No MAGDA,

 

their Consumer Credit Licence has not been renewed yet;

it is current but not renewed.

Link Financial Limited CCL expired 01 May 2008, almost 10 months ago!

 

Keep on complaining to the OFT guys about Link.

 

AC

[AHMTHSSN]

Hi All,

 

I came across this site while doing a search on Link Financial Ltd, as I too have received a letter from them about my Capital One Credit Card account and would be very grateful for some advice.

 

I owe Capital One £1400 and have been on a payment plan of £20 per month for just over 2 Years.

 

Last week Link Financial sent me letter (and called the same day) telling me that they are the current owner of the outstanding balance of my agreement with Capital One. Also included was a seperate sheet from Capital One telling me that they had sold my account to Link and that all contact should now be with Link.

 

The person from Link told me to make the £20 payments to them and gave me a bank account number over the phone to set up a standing order.

 

Can they do this and what can/should I do? I have done a search on here and found some letter Templates (Letter N), Should I print that off and send it to them or does anyone have any other advice.

 

Thanks

 

Adam

[heathrow]

Hi AHMTHSSN

How are you paying the £20 per month to Cap One?

If it is buy standing order/direct debit then I feel it would be best simply to continue with this arrangement and ignore Link. If you have already made an arrangement and are paying Crap One then I don't see what the problem is and why the debt has been sold.

 

Under no circumstances telephone either the credit card company or Link ... conduct all communications ONLY in writing and don't sign any letters with your usual signature.

 

If anyone else can confirm this advice it would be good to hear your views.

[Goldlady]

Send the CCA letter (N) to Link and see if they produce anything. I suspect if Cap One have passed it to Link it is unenforceable. I would keep paying Cap One until you know one way or the other. I can't understand why they pass these debts on when people are paying what they can afford, and very often it means that people will look into it further and discover that they don't actually have to pay it as there is no CCA. Happened to me and many others on here.

[MAGDA]

Hi AHMTHSSN

How are you paying the £20 per month to Cap One?

If it is buy standing order/direct debit then I feel it would be best simply to continue with this arrangement and ignore Link. If you have already made an arrangement and are paying Crap One then I don't see what the problem is and why the debt has been sold.

 

Under no circumstances telephone either the credit card company or Link ... conduct all communications ONLY in writing and don't sign any letters with your usual signature.

 

If anyone else can confirm this advice it would be good to hear your views.

 

I would also send a letter asking for a true copy of the agreement. Knowing Cap one they won't be able to provide it - the best they can usually come up with is a signed application form. Magda

[AHMTHSSN]

Hi, Thanks for the responses.

 

I have always paid the £20 per month to Capital One on time and never missed a payment. Method of payment was with cash via a payment slip at Lloyds Bank (i have an account with Lloyds and they dont charge me for doing this).

 

Reading some posts on here I realise I made a mistake of speaking to Link on the phone. I will send them the letter "N" template and see what they respond with.

 

Thanks again and i'll post updates on what happens next.

 

Adam

[heathrow]

Hi Adam

The best thing is to try not to worry about it. If you are paying them an acceptable amount on a regular basis you are proving that you are making an effort and therefore there isn't much they can do about it apart from take the matter to court which is extremely doubtful.

 

I agree, send the CCA request and see what happens.

 

Link are a hateful shower (but then aren't all debt collection agencies)? I recently had correspondence from them regarding a bank I have never had any dealings with so they could be trying it on. This leaves me wondering how many people become intimidated by the DCAs and pay up regardless? Link's letter has been followed up with a postcard 'Ring Helen urgently' that was posted to me that had the Link name on the bottom. This is devious to say the least more especially as my wife was about to ring the number thinking it was her cousin of the same name who she has been trying to get in touch with.

Keep us posted about what happens.

[angry cat]

Approximately 18 months ago on a winters evening, one of my neighbours knocked on my door with a note in his hand.

 

He said somebody is trying to contact you, a friend, they have lost your telephone number, my neighbour then passed me the note:

 

"Angry Cat to call Alan on 020 7793 2683" (I kept the note for evidence)

 

Of course, I felt extremely embarassed as I knew who the caller was and I had only just moved in to my home!

 

Some time has passed since this event, but the feeling of embarassment and stress still haunts me...

 

There has been much correspondence between myself and Link Financial and recently I have been able to obtain copies of their

Activity and Memos Report;

Telephone Operators Notes;

 

Lo & Behold, the call made to my neighbour is clearly shown, correct date, operators ID number and a notation: result, neighbour.

 

So, now I have the note and the log to show the call was made.

 

I will be starting my own thread shortly.

 

AC

[MAGDA]

Approximately 18 months ago on a winters evening, one of my neighbours knocked on my door with a note in his hand.

 

He said somebody is trying to contact you, a friend, they have lost your telephone number, my neighbour then passed me the note:

 

"Angry Cat to call Alan on 020 7793 2683" (I kept the note for evidence)

 

Of course, I felt extremely embarassed as I knew who the caller was and I had only just moved in to my home!

 

Some time has passed since this event, but the feeling of embarassment and stress still haunts me...

 

There has been much correspondence between myself and Link Financial and recently I have been able to obtain copies of their

Activity and Memos Report;

Telephone Operators Notes;

 

Lo & Behold, the call made to my neighbour is clearly shown, correct date, operators ID number and a notation: result, neighbour.

 

So, now I have the note and the log to show the call was made.

 

I will be starting my own thread shortly.

 

AC

 

Hi AC, I have had several of these notes from Link, and I know exactly how you feel. I reported it to TS and they said it isn't harassment as they don't actually tell the person who they really are. I disagreed and said that they shouldn't be doing this at all and have absolutely no right to contact third parties to leave messages. The most annoying part of this is, that the first time it happened, I rang Link and they didn't even know why I had been asked to call! As usual though, TS are not even remotely interested. Will look out for your thread, Magda

[AHMTHSSN]

Hi, Thanks for the responses.

 

I have always paid the £20 per month to Capital One on time and never missed a payment. Method of payment was with cash via a payment slip at Lloyds Bank (i have an account with Lloyds and they dont charge me for doing this).

 

Reading some posts on here I realise I made a mistake of speaking to Link on the phone. I will send them the letter "N" template and see what they respond with.

 

Thanks again and i'll post updates on what happens next.

 

Adam

 

 

Hi All,

 

I sent Link a request for copies of the CCA 77/78 and got a letter from them yesterday and this is what they had to say:

 

You have recently made a request under Section 77/78 for copies of various documents.

 

As you are aware LINK FINANCIAL purchased your debt from CAPITAL ONE BANK (EUROPE) PLC on xx xxxxxxxxx 2008 and as such we do not always hold this documentation. We have requested a copy of the agreement and the most recent terms and conditions your account was operated under from CAPITAL ONE BANK (EUROPE) PLC and look forward to sending this to you in the near future, however please be advised that this can take up to 30 days to provide.

 

No administration charge has been applied to your account at this time and therefore any payment made with your request has been applied to reduce your outstanding debt. However where cost is incurred by Link for the provision of any statements by the Vendor we will pass these charges on to you.

 

Your account has been put on hold for the next 14 days for you to contact this office with further details as requested above.

 

Link Financial Limited

 

 

I was making a monthly payment of £20 to Capital One (i havent made any payments to Link so far) before the debt was bought by Link. Should I continue making that payment or just wait for the CCA.

 

Adam