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

[Disgruntled_Employee]

Just been pointed in the direction of this thread thanks.

 

These people are a disgrace the woman who has done all of this professed to us today "I just work in the mailing dept" REALLY??? So why were you on the phone then you lying ******???

 

I don't intend to let these pieces get away with this esp over the thing with my partners father she's really really upset about it esp as we have youngsters ourselves now too.

 

Talk about open an old wound and then rub salt into it grrrrrr

 

Letter to all concerned parties will be going off ASAP

[AA99]

Just been pointed in the direction of this thread thanks.

 

These people are a disgrace the woman who has done all of this professed to us today "I just work in the mailing dept" REALLY??? So why were you on the phone then you lying ******???

 

I don't intend to let these pieces get away with this esp over the thing with my partners father she's really really upset about it esp as we have youngsters ourselves now too.

 

Talk about open an old wound and then rub salt into it grrrrrr

 

Letter to all concerned parties will be going off ASAP

 

Dont forget to sign up please Petition to: Request a special investigation by the FSA and OFT into the harrassment by consumers and their families through the debt collection practices of MBNA and specifically the practices related to telephone calls and defaults while in dispute

[angry cat]

For any members who were unaware that,

Instantsilver and;

Thesis Servicing;

are Trading names of;

LINK FINANCIAL LIMITED:

http://www.consumeractiongroup.co.uk/forum/show-post/post-2336776.html

 

AC

[angry cat]

Subbing - thanks fo the " Thesis gone too far " piece. Just what I need for my next ( and last letter to our Ms Peacey

 

The charming Mrs. Pearcey...!

[eeeezzzyy]

The charming Mrs. Pearcey...!

Oh i havent had the pleasure of a letter from Mrs Pearcey yet....does she actually exist ?.....My personal freind/account manager/pain in the ass from Link seems to be a Mr Higgins !!!...When ive phoned on 3 occasions to talk to Mr Higgins, he's either in a meeting or not available lmao !!!:D:D

[Manc_Cookie]

Hi all, I've been directed here by a friend for some advice regarding Link Financial. Longish story, but I'll try to keep it concise.

 

About 3 weeks ago I started to receive call from an unknown mobile phone, after the third or forth time I answered, It was someone named Chris calling on behalf of "Link" (no mention of Financial). He claimed that they were a company that "forwarded correspondence" and could I confirm my address. Smelling a rat I ask for more information about this correspondence, he told me he would call me from the office a little later, I said ok. A quick search of google on my iPhone revealed the truth about Link.

 

After around 30mins I got a call from Chris, after much cat and mouse I got him to tell me that apparently, I still have a debt of £369.64 with Abbey PLC from 1997. As far as I recall this debt was accrued from a succession of £30 charges for an unuathorised overdraft. I disputed it at the time and as far as I was concerned the matter was resolved. In 12yrs I have never heard anything from Abbey PLC. Whilst I have moved around alot, all my bank accounts/credit cards/loans have been at my family home address. I told Chris that I would contact Abbey PLC about it, and thanks for "forwarding" this information to me. I could hear him chewing his foot as I hung up.

 

I heard nothing for 2 weeks, until this letter arrived (I am back living at the family home):

 

**RE:YOUR AGREEMENT WITH ABBEY PLC (ABBEY) RELATING TO ACCOUNT NUMBER XXXXXX XXXXXXXX

 

We write to introduce Link Financial Limited to you. Link Financial is the current owner of the outstanding balance due from you under the agreement referred to above. Abbey has now assigned to Link Finacial the outstanding balance due under the Current Account Agreement. As a result of this assignment, the full amount of the outstanding balance is due to us immediately.

 

The total outstanding balance is £369.64. Link Financial seeks immediate payment of this amount from you. In order to discharge the outstanding balance, you should send payment to Link Financial without further delay.

 

Since you now owe the outstanding balance to Link Financial, you should make no payment relatingto the outstanding balance to Abbey. Any payment made by you to Abbey will take significantly longer to be processed onto your Link Financial account. Therefore, in order to avoid unnecessary inconvenience by us taking further action against you for none-payment, please make payment only to Link Financial from now on.**

 

I'm now receiving calls every 2 days from them and even text messages. From reading this thread and others I have not wished to discus anything over the phone with them. So where do I stand? Is this debt not Statute Barred? If not, then how do I procced?

 

Thanks in advance!

Edited August 4, 2009 by Manc_Cookie

[mr.ton]

Refuse to answer their security questions if they ring.

Report them to the OFT,trading standards & the police if you wish (not 999) - also exhaust their own complaints proceedure.

They have no legal authority to money off you - only a county court does.

So tell them to get lost & they'll soon stop ringing.

[mr.ton]

Ive just had a read of their website....they really are so deluded in what powers they think they have.

Anyone who didnt know their rights would be quite intimidated by a website like that & the way its worded etc...

[Manc_Cookie]

Thanks for the swift reply Mr.Ton. I've just printed off the Statute Barred letter template and I'll post it this afternoon by recorded delivery.

 

Should I now call them or answer the next call to inform them of my actions? or just leave it upto them to act first?

[di.harry]

I never call or answer calls by DCA. I always write to them and tell them that I want them to do the same.

 

For example you might want to modify the following: It is my policy and legal right to never contact anyone regarding a financial matter by telephone, but instead communicate in writing. This is done in order to have an accurate copy of what has been stated by both parties. It is much easier to refer back to a letter than to an audio recording.

 

Also if they pester you often, overwhelming you with calls and letters, before giving you a reasonable time to reply, then remind them:

I am reminding you that contacting debtors frequently isan unfair practice according to the OFT Debt Collection Guidance section which states: “Putting pressure on debtors or third parties is considered to be oppressive.”

[joemay]

Dont forget to sign up please Petition to: Request a special investigation by the FSA and OFT into the harrassment by consumers and their families through the debt collection practices of MBNA and specifically the practices related to telephone calls and defaults while in dispute

 

Signed;)

[angry cat]

Oh i havent had the pleasure of a letter from Mrs Pearcey yet....does she actually exist ?.....My personal freind/account manager/pain in the ass from Link seems to be a Mr Higgins !!!...When ive phoned on 3 occasions to talk to Mr Higgins, he's either in a meeting or not available lmao !!!:D:D

 

Well, it would appear that Mrs. Pearcey does indeed exist, although the name could be a Nom de Plume? However, I have sent letters to and received some responses back from her.

My last letter which contained a hail of spears and a shower of arrows, was ignored!?

 

I will continue to pursue Link Financial, until they supply me with all docs. requested...for the time being Link appear to be hiding in the long grass.

 

Note, if anyone requires Mrs. Pearcey's direct line I can supply the number.

But, for myself I will only communicate via the written word.

 

AC

[angry cat]

Hi all, I've been directed here by a friend for some advice regarding Link Financial. Longish story, but I'll try to keep it concise.

 

About 3 weeks ago I started to receive call from an unknown mobile phone, after the third or forth time I answered, It was someone named Chris calling on behalf of "Link" (no mention of Financial). He claimed that they were a company that "forwarded correspondence" and could I confirm my address. Smelling a rat I ask for more information about this correspondence, he told me he would call me from the office a little later, I said ok. A quick search of google on my iPhone revealed the truth about Link.

 

After around 30mins I got a call from Chris, after much cat and mouse I got him to tell me that apparently, I still have a debt of £369.64 with Abbey PLC from 1997. As far as I recall this debt was accrued from a succession of £30 charges for an unuathorised overdraft. I disputed it at the time and as far as I was concerned the matter was resolved. In 12yrs I have never heard anything from Abbey PLC. Whilst I have moved around alot, all my bank accounts/credit cards/loans have been at my family home address. I told Chris that I would contact Abbey PLC about it, and thanks for "forwarding" this information to me. I could hear him chewing his foot as I hung up.

 

I heard nothing for 2 weeks, until this letter arrived (I am back living at the family home):

 

**RE:YOUR AGREEMENT WITH ABBEY PLC (ABBEY) RELATING TO ACCOUNT NUMBER XXXXXX XXXXXXXX

 

We write to introduce Link Financial Limited to you. Link Financial is the current owner of the outstanding balance due from you under the agreement referred to above. Abbey has now assigned to Link Finacial the outstanding balance due under the Current Account Agreement. As a result of this assignment, the full amount of the outstanding balance is due to us immediately.

 

The total outstanding balance is £369.64. Link Financial seeks immediate payment of this amount from you. In order to discharge the outstanding balance, you should send payment to Link Financial without further delay.

 

Since you now owe the outstanding balance to Link Financial, you should make no payment relatingto the outstanding balance to Abbey. Any payment made by you to Abbey will take significantly longer to be processed onto your Link Financial account. Therefore, in order to avoid unnecessary inconvenience by us taking further action against you for none-payment, please make payment only to Link Financial from now on.**

 

I'm now receiving calls every 2 days from them and even text messages. From reading this thread and others I have not wished to discus anything over the phone with them. So where do I stand? Is this debt not Statute Barred? If not, then how do I procced?

 

Thanks in advance!

 

Report Link Financial to Consumer Direct;

telephone number: 08454 04 05 06 and;

make a formal complaint to the OFT:

Enquiries

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

 

[email protected]"

 

by manc_cookie:

 

"About 3 weeks ago I started to receive call from an unknown mobile phone, after the third or forth time I answered, It was someone named Chris calling on behalf of "Link" (no mention of Financial). He claimed that they were a company that "forwarded correspondence"

 

OOH Naughty, telling porkie pies!

 

It would appear that Link Financial have taken no notice of the OFT Requirements?

And, do not take seriously the Consumer Protection from Unfair Trading Regulations 2008, which are UK Law.

 

AC

[angry cat]

The Consumer Protection from Unfair Trading Regulations 2008

 

These new consumer protection rules came into force in May 2008. They are designed to stop traders acting unfairly including the use of what the rules call ‘aggressive commercial practices’. These rules may help you tackle harassment by your creditors because the OFT and trading standards now have the power to take enforcement action against creditors. This can lead to fines or even imprisonment if the creditor is found guilty of an offence.

 

The OFT has issued guidance on how they will take action under the rules. This includes examples such as:

 

•a debt collector pressurising you to repay a debt by contacting you at unreasonable times such as late at night or at unreasonable locations such as your workplace;

•a debt collector threatening you with action, such as use of bailiffs, to recover money for unenforceable debts.

 

If you think you may have a complaint about your creditor under these rules, contact Consumer Direct.

[angry cat]

“Putting pressure on debtors or third parties is considered to be oppressive.”

 

This includes:

 

•contacting you too frequently;

•pressurising you to sell property or take out more debt;

•using more than one collection company at the same time or not telling you when your debt has been passed to another company;

•pressuring you to pay in full or in large instalments you cannot afford;

•making threatening gestures or statements;

•ignoring disputes about whether you owe the money;

•trying to embarrass you in public or threatening to tell a third party such as a neighbour or your family about your debts.

 

AC

[angry cat]

Statute barred debt

2.13 This guidance applies to the pursuit of debt regardless of its age. We will be

carrying out further work on this aspect of debt recovery including analysis of

relevant legislation and practice throughout the UK.

2.14 In the past we have dealt with a number of statute barred debt cases governed by

the Limitation Act 1980, which applies to England and Wales. Based on that

experience our position with regard to England and Wales remains:

a. we accept legally the debt exists

b. it is the methods by which the debt is collected that can be

unfair as follows:

• it is unfair to pursue the debt if the debtor has heard nothing from

the creditor during the relevant limitation period

• if a creditor has been in regular contact with a debtor before the debt

is statute barred, then we do not consider it unfair to continue to

attempt to recover the debt

• it is unfair to mislead debtors as to their rights and obligations, for

example, falsely stating or implying that the debt is still legally

recoverable and relying on consumers not knowing the relevant legal

provisions, and

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment.

 

AC

[Manc_Cookie]

Cheers AC, That's a fair bit of ammo there. As I said before I've sent off a letter by special delivery to Link, telling them I believe the debt to Statute Barred, and could they contact me only by mail in the future.

 

I'll make sure to send of the complaint letters asap. So far Link have been a minor irritation to me, but I can see the **** they are from their treatment of others. Why these people, and others like them, are allowed to practice is beyond me.

 

I'm sure this isn't the last I've heard from Link, I'll be sure to update you all on their antics.

[angry cat]

Thats an understatement:

 

"So far Link have been a minor irritation to me, but I can see the **** they are from their treatment of others."

 

More like a Mosquito that, needs splatting...!

Edited August 4, 2009 by angry cat

[angry cat]

Cheers AC, That's a fair bit of ammo there. As I said before I've sent off a letter by special delivery to Link, telling them I believe the debt to Statute Barred, and could they contact me only by mail in the future.

 

I'll make sure to send of the complaint letters asap. So far Link have been a minor irritation to me, but I can see the **** they are from their treatment of others. Why these people, and others like them, are allowed to practice is beyond me.

 

I'm sure this isn't the last I've heard from Link, I'll be sure to update you all on their antics.

 

 

 

continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

 

AC

[AA99]

Ooh, angry cat, great stuff! I have finally been able to hand my Link (ex GEMoney car loan) file over to solicitors. What a relief:cool: They are still busy picking the figures to pieces, I think it's getting increasingly complex

 

Will let you know how I get on with them in my thread

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/161277-aa99-ge-money-car-3.html

 

Good luck to you

[Kraken1]

Try....

 

continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to the protection from harassment act 1997 and/or the consumer protection from unfair trading regulations 2008

 

...instead.

[angry cat]

Quite right Kraken;

Thank you.

 

AC

[angry cat]

Ooh, angry cat, great stuff! I have finally been able to hand my Link (ex GEMoney car loan) file over to solicitors. What a relief:cool: They are still busy picking the figures to pieces, I think it's getting increasingly complex

 

Will let you know how I get on with them in my thread

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/161277-aa99-ge-money-car-3.html

 

Good luck to you

 

Very good AA99;

onward and upwards.

 

AC

x

[angry cat]

Obviously, Link Financial did not take the OFT's Requirements seriously!

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/114015-phone-call-02077932682-a.html

 

See post #13

 

AC

[styeffo]

Hi, haven't posted for a while as Link was quiet. I posted earlier in this thread as I was one of the people who got the Default Notice sent to them at the time despite LINK being in default of an old CCA request I made ...hmm..two years or so ago.

Today out of the blue I got a Statement of Account from them and for some reason the balance seems to have gone done although of course I never made a payment and never acknowledged any debt to them. I asked for a copy of the agreement the first time they contacted me (in April 2007 ?) gosh, I can't remember now.

Anyway, on the statement there is a 'balance brought forward' which appears twice with a date of October 2008 and July 2009 showing as just over £7000.-, but above it all in the header it shows a current balance of £6000.- something.

Statement shows as statement No 1

They are of course still in default of the CCA and have been for almost 2 1/2 years. Should I write back to them and remind them or just bin this ?

They are not asking for any payments, there is no payment slip or anything.

Totally weird.

 

 

I recently received a statement , with no asking for payment etc.

 

I haven't CCA'd them, but have sent the letter from debtline which states that i do not know of the debt and that they must stop chasing the "debt" unless they provide evidence of such....this was at the end of last year, just after receiving one of their duff DN's and have just received this, any ideas?