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

[jj77]

Oh dear

 

You know, say IF you're a certain DCA, and you're sending a letter out and for some reason you want to make it look like it was really from someone scarier, you need to:

 

1) Use the right font

2) Print it correctly (ie, not skew on the page)

3) Put job titles and contact details under the contact's name to make it look passable.

4) Don't use you real address on the back of the envelope, it just makes you look silly.

 

If you don't do this, then it doesn't work. The scary people get told and will get scary with the DCA for fraud, the DCA has technically committed a criminal offence, and everyone on CAG has a bit of a giggle at the ineptitude.

 

Must try harder

[heathrow]

Sorry jj77 ... am i missing the point here somewhere. I don't quite understand what you are trying to say.

[jj77]

Apologies, Link have sent me a letter pretending to be from someone else, but it was so amateurish it was comical.

[heathrow]

Oh really. That is interesting because I have just had a letter from HSBC saying that they have passed my current account to Link and to contact Link in all future correspondence. As I have never had a current account or any other account with HSBC then I suspect this could be fake as well.

 

Can you post a copy of your letter on the site taking care to cover your identity of course.

 

I am trying to get together as much information about the debt collecting industry as I can for a book I am planning which hopefully will blow them out of the water. I have also written a lengthy letter to Jack Straw MP and if I get a reply then I will post my original and Straw's response on this site.

Cheers

HR

[jj77]

Will do. THought I won't have chance to get near a scanner until Monday I'm afraid.

 

Do check - that the address on the envelope matches the one on the letter,and check that there are contact details for the individual within the company that claims to have sent you the letter. Remember you can also phone HSBC (even if not an account holder) and inform them, and ask directly whether they have sent it out. If not, ask them to send you confirmation in writing they did not contact you, they'll do this quite happily.

 

One for the file.

[MAGDA]

If i send a £1 postal order to links address asking for my C/A will they even get it??? It seems to be a mail forwarding/processing operation at Albert Embankment and po box numbers dont usually have anyone there to sign for a registered delivery.

 

Research shows it is also used by various charities but as this is the only address i have for them on the top of their correspondence to me can i assume that by sending stuff there i have done so in good faith and should reasonably expect an answer from them.

 

If you send it registered to the PO BOX address (usually shown on any correspondence you have received) it will be fine, there will be someone to sign for it. I have sent several letters to Link (recorded/special) and they have been ok. Magda

[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.

Edited January 27, 2009 by di.harry

[Goldlady]

I received someone else's information when I did a SAR for some friends. I haven't quite decided what to do with it yet - obviously I am an honest person and would not misuse it - but what if I wasn't? There is enough there to cause havoc for these people..............

[di.harry]

Exactly, Goldlady!

[angry cat]

As you are aware, many of us made complaints to Mr. Robert Gardner at Lambeth Trading Standards and Caerphilly Trading Standards about Link Financial's covert tactics...nothing was done?

 

We went further and made complaints to the OFT!

 

BBC NEWS | UK | Rise in debt collector 'mistakes'

 

AC

[heathrow]

I would contact the person/s named on the incorrect documents and suggest to them that they report the matter under the laws relating to the Data Protection Act. Link, or anyone else for that mater. shouldn't be allowed to get away with this.

You should also have the right to charge Link for the time and letter writing you have incurred by having to point out their errors.

[di.harry]

@angry_cat,

Thanks for the 'link' to the article.

 

@heathrow,

Actually, very good advice. I will write to Mrs. X and suggest that she reports them... I will also tell her about those forums... you never know.

 

I will also complain to Link.

 

You should also have the right to charge Link for the time and letter writing you have incurred by having to point out their errors.

 

Can that be done? It is true that I've wasted so much precious time (especially with Link) writing letters and sending them by Registered post in order to prove things that are obvious and that they should not have forced me to do in the first place!

Edited January 28, 2009 by di.harry

[heathrow]

Hi di harry

Sorry for the time lapse in responding but if the DCAs can charge us what is wrong with sending them an invoice for causing you inconvenience and then following this up with threatening letters when they don't pay. The exercise could be interesting.

HR

[heathrow]

Hi all,

 

I have just had a thought: but as I am not a legal person I don't know what the situation would be; but how can a DCA chase for money when you don't have and never have had a contract with them? The other issue, and I spent a couple of hours wading through the Data Protection Act and found no reference to this, is whether by selling your personal information on, the original lender is in breach of the Act. Does anyone know answers to these problems?

[di.harry]

Hi Heathrow, yep I agree!

 

Meanwhile, to update you that I wrote to Link complaining about their unprofessionalism, being very surprised (well, not really ) that they keep repeating the same mistake, and told them that they still have not satisfied my request for a SOA under the CCA.

 

I also told them that I'm forwarding copies of the CA and the SOA that they've sent me to the lady that actually owns the account. I also added:

"As you have disclosed her personal financial information to me, I will be advising her to make a formal complaint under the Data Protection Act to the Information Commissioner's Office (ICO)."

 

Finally, I wrote the following (with a hint to their Consumer Credit Licence):

 

"I understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a statement of account under these sections of the Act. Furthermore, according to The Office of Fair Trading(OFT)’s general fitness guidance at www.oft.gov.uk/shared_oft/business_leaflets/credit_licences/oft969.pdf,

“Breach of the requirement [to provide the information required by sections 77-79

and 97 of the 1974 Act] may also reflect on fitness to hold a consumer credit licence under the credit licensing regime”. "

By the way, has anyone got any news on the renewal of their licence?

 

Cheers,

Harry

Edited February 9, 2009 by di.harry

[di.harry]

Hi all,

 

I have just had a thought: but as I am not a legal person I don't know what the situation would be; but how can a DCA chase for money when you don't have and never have had a contract with them? The other issue, and I spent a couple of hours wading through the Data Protection Act and found no reference to this, is whether by selling your personal information on, the original lender is in breach of the Act. Does anyone know answers to these problems?

 

I have the same questions... I'm sure these issues must have been discussed in other threads, but it needs a lot of searching.

[angry cat]

If an agreement is assigned correctly, all dates, amounts and details have to be correct.

Furthermore under the DPA, if there is to be a change in the Data Controller of an account from one to another. The Creditor/Assignor must inform the debtor about the change, Likewise, the DCA/Assignee must also advise the debtor that, they are the new Data Controller.

 

AC

[di.harry]

Many thanks for the information angry_cat.

 

OK, so in my case, MBNA informed me that my account was to move with Wescot and that I should continue payments with them, but then when Wescot "lost me" from their computer records, it presumably returned to MBNA who passed it to LINK... but I was never informed of any of this, until Link started writing to me about this account now... only they keep messing it up and confusing my account with another one that belongs to a Mrs X... work of genius.

[MAGDA]

Did you hear anything further from Lambeth in the end, AC? just wondering if you had as much luck as I did with Caerphilly:rolleyes: and my local TS - what a waste of time they both were. Magda

[heathrow]

Good for you di.harry, I support your move.

 

By the way, a couple of weeks ago I wrote a lengthy letter to Jack Straw about the activities of DCAs (no response ... surprise, surprise) although a couple of days later some junior minister did mention that the Government were going to look into things. May have been coincidence but perhaps the penny has dropped. I will give Straw a couple more days and write again.

 

The issue with all of this is that the DCAs should be able to determine who is simply shunning their responsibilities by not wanting to pay and those of us ... most on this site I trust ... are fighting them because of changed circumstances and the inability to pay. If we haven't the means to pay we should not be continuously harassed and it is high time the Government acted to provide protection. The whole debt industy stinks to high heaven and it will only get worse as the banks get even more panicy about the money they have lost.

HR

 

HR

[heathrow]

Hi Angry Cat

Do you happen to have the references for the relevant Acts your information applies to as this has to be worth quoting to the DCAs?

HR

[di.harry]

Good for you di.harry, I support your move.

 

By the way, a couple of weeks ago I wrote a lengthy letter to Jack Straw about the activities of DCAs (no response ... surprise, surprise) although a couple of days later some junior minister did mention that the Government were going to look into things. May have been coincidence but perhaps the penny has dropped. I will give Straw a couple more days and write again.

 

Thanks, Heathrow,

It seems to me that the Government and the press have lately started listening to our problems, even though nothing is actually done yet. If we keep up the pressure something good might come out of it... so we must persist.

 

The issue with all of this is that the DCAs should be able to determine who is simply shunning their responsibilities by not wanting to pay and those of us ... most on this site I trust ... are fighting them because of changed circumstances and the inability to pay. If we haven't the means to pay we should not be continuously harassed and it is high time the Government acted to provide protection. The whole debt industy stinks to high heaven and it will only get worse as the banks get even more panicy about the money they have lost.

HR

 

HR

 

I completely agree with what you say.

 

Cheers,

Harry

[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. On links webbie under 'your questions' they state:

"How can my debt be sold to another company without my permission?

 

The debt is known as a "chose in action". As the original lender holds the legal right to collect the debt, they also hold the right to assign their rights to Link Financial. Although the lender does not need your permission to do this, Section 136 of the Law of Property Act 1925 requires, in order for there to be a legal assignment, that notice of assignment should be given in writing. Once we have validated your current address, we will send you our Notice of Assignment letter."

 

Am assummin the whole point of getting him to call (which he won't) is to be able to 'validate' his add so they can send their noa, but i thought the O/C or assignor had to send noa first?

Ho hum - Will start new thread if anything else occurs which i'm kinda sure it will Here's to new friends! Many thanks,

Mpols x

Ps. Ended up being not so quick oops, soreeee x

[di.harry]

Welcome aboard, mysticpols06!!

[angry cat]

Did you hear anything further from Lambeth in the end, AC? just wondering if you had as much luck as I did with Caerphilly:rolleyes: and my local TS - what a waste of time they both were. 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!

Edited February 11, 2009 by angry cat
error & addition