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

[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

[citizenB]

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

 

AC, it can take up to 10 days for a signed receipt to show up. I print off the page that says it has been delivered, just in case I need to show in court in a hurry and just keep going back every now and again to see if a signature has been added.

[citizenB]

I guess the only way you are going to make Lambeth TS sit up and acknowledge there are more complaints than they are letting on is to do a group complaint.

 

I think RMW and Cornucopia have organised group complaints before.

[citizenB]

I've made a small donation to this wonderful organisation, as per request above. Its not much, I could only afford 20 squid. Do you think that's OK

Mummybird

 

 

More than ok.

[citizenB]

I guess you could ask Mr Gardner why the inconsistency ?

[citizenB]

Happy New Year to everyone as well. I had a message on my answering machine over Xmas stating that my local TS (Caerphilly had washed their hands of the matter previously and said the harassment issue needed to be dealt with locally) stating that my complaint had been passed on direct to the OFT and the file has been closed, as my complaint is the only one they have received locally. I rang today and asked, why, when complaints have been received by Caerphilly and Lambeth, they do not liaise with these authorities and collate the number of reported complaints and act on them, which after all, is TS job. I was told there is nothing they can do other than report it to OFT. The TS officer did mention that Link's licence is up for renewal (which of course we know) and they will be looking at the complaints, so I just hope these have been passed on to OFT by Caerphilly and Lambeth also, as they seem to be constantly stating that they are not aware of any other complaints, which is a blatant lie. It would be great news wouldn't it if Link didn't get their licence renewed, I would absolutely love that. The five year olds will all be out of a job if that does happen! Magda

 

This is absolutely ridiculous, surely when a complaint is made locally, it is then passed on to the TS branch dealing with that company .. isnt it ??.

[citizenB]

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

 

So, what are TS saying here.. it is ok for Link to tell an outright lie by claiming to be a friend ??

[citizenB]

So, what are TS saying here.. it is ok for Link to tell an outright lie by claiming to be a friend ??

 

Yes, apparently so, as long as they don't mention outright the name of their company and the real purpose of the call, it's absolutely fine!! beyond belief isn't it. Magda

 

 

Sheesh, as you say.. beyond belief.

[citizenB]

Does anyone know if link can put the following on their website

 

If you are a new customer of Link and would like to settle your balance please call us on our freephone number 0800 064 44 99. We accept payment by credit card, debit card, cheque or bank transfer. Alternatively, you may wish to discuss secured loan or remortgage options with us.

 

As i didnt think they could offer additional borrowing/remortgage (advising to extend borrowing)

 

 

OFT guidelines say that you are not to be encouraged to take out further borrowing to pay off debt. Not in those words however. I will try and find the exact quote.

[citizenB]

I['m waiting for them to post me a cd with all the names and addresses of all the debtors in the UK on it....

 

ALternatively you can probably find that in a coffee bar near to their office:rolleyes:

[citizenB]

Link have bought my car loan from GEMoney/CarCraft rip-off merchants so subbing with interest 8-)

 

ps. anybody know how long it normally takes to renew a licence? would have thought it was just a matter of a stamp on a certificate

 

AA, sorry I dont know the answer to this question. Or is there something I am missing

[citizenB]

Dont you just love that statement at the bottom

 

"If you have a problem with your agreement, please try and resolve it with us in the first instance"

[citizenB]

as long as you change the date phatram :lol:

[citizenB]

and the fee is only £1.00

 

I think there are 2 different accounts, wouldnt the fee be applicable for each one ?

[citizenB]

AHMTHSSN, I am assuming that as it says "moisten here to seal" then this was a mailer application form. In which case, I would think there would be little other than a return address and advertising on the back. So it doesnt look as though there are prescribed terms on your form.

[citizenB]

Just thought I'd c&p that to fill you guys in on where I am.

 

Basically from that thread I was pointed over here and I've read this thread from beginning to end. A couple of things have flagged up though, I've received nothing from either Link or GE to tell me that the debt has been passed on. The first I knew of it was a phone call from Link.

 

Up until this saga I'd been quite co-operative with Link as the gentlemen who was dealing with my 'account' seemed to be quite sympathetic to my position, I'm not actually sure when the first phonecall was but it must have been sometime before Christmas and the bloke had managed to stall management on demanding some kind of payment till the last few weeks.

 

Now since the original post above on a different forum I've had the paperwork through from Barclays about the unauthorised payment, I'm now of the opinion though to claim for the £40 too since they didn't confirm they were taking either of them never mind both!

 

I've sent off a CCA request and from reading this thread I'm fully expecting the £1 to be added to my payments rather than used for its intended purpose. I'd just like to add aswell that the only mail I have had from Link is an I&E form in the 6 months or so that they've been calling me, which due to the gentleman dealing with my account has only been every 2 weeks or so.

 

So yeah, theres my story so far ladies and gentlemen.

 

Any advice?

 

If you start your own thread, then you will get plenty of advice specific to your own circumstances.

[citizenB]

Off topic posts moved to the following thread as requested AC

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200106-k-fraser-assoc-pj.html

 

If I missed any, please let me know.

[citizenB]

Wouldn't worry about that, if you have proof of postage, I believe it would stand up in a court. Keep all these things to hand, including their envelopes...

 

I think so long as it hasnt been returned to the sender then it is assumed it has been delivered. A lot of these companies either dont sign or sign a block receipt, especially where PO boxes are concerend. It is very annoying when Royal Mail specifically suggest on their Recorded Delivery slips "Ideal for items that you might need to prove were received , like job applications or legal documents"

 

If they are not able to provide this service for PO boxes, then they should tell you at the PO counter IMHO.

 

I still have items showing on Track n Trace as not delivered when I have in fact had replies from companies

[citizenB]

I have not been able to obtain electronic proof of deleivery for several of my Link RD letters?

 

I have complained to Royal Mail, all they say it that I must fill up a form, P98 I think.

 

What is the point of having RD, if delivery to 89 Albert Embankment is not recorded?

 

Special Delivery however is recorded.

 

AC

 

Sometimes AC. I get messages such as "We can confirm your item was delivered (Whenever)" but no signature available or " Your item was accepted at (name of post office) so according to that I can assume it is still waiting to be delivered ?

 

I have one SD addressed to a PO box for HSBC in September 2008.. that is, according to Royal Mail, still awaiting collection ?? what's that all about ??

[citizenB]

It certainly doesn't make it any easier for us does it, if we are sending letters RD and still cannot be certain they have arrived. My RD letter (now 13 days since I sent it) is still showing on Royal Mail's website as "progressing through their Network" and according to Asset Link, they haven't received it. The replacement letter that I sent yesterday by SD (to the same address) had arrived though when I checked today, though signature is not available yet. All very strange.....

 

At least they have received the one you sent yesterday.

 

IMHO, I would complete the form for missing/lost mail and make a claim on it. It is relatively easy to do and whilst you might only get a book of stamps in compensation.. It is better than a kick in the teeth.

[citizenB]

I think you can do it online, Magda

 

here

[citizenB]

Recorded Delivery letters at £1.14 each, hardly fair that the consumer has to keep spending these amounts when sending letters to Link et al.

 

What can one do though, when it is likely that the DCA is question will most likely deny receipt of letters send by regular mail.

 

I personally, like many others have sent so many letters, the postal bill is astounding!

 

AC

 

Yes, I think we should take shares in the Post Office

 

Inputing 141 before the fax number should block them from finding your number and most fax machines can be adjusted so your number is not displayed on the fax sent.

 

Or you could put a message on the top or bottom (or both so they dont miss it) to imply that the fax machine is a public fax machine and as such no replies can be accepted.

[citizenB]

Perhaps the greedy little turkeys only recognise cheques/postal orders by sight and can't read the accompanying letters....

 

Absolutely no offence was intended towards turkeys by this post

 

 

I am sure they wont take offence, as long as you vote to ban christmas;)

[citizenB]

So, they cant ask a neighbour to pass on a message but they can ask a neighbour if they know where the alleged debtor is ?..

 

Scenario, Agent arrives at my door asking about a neighbour.

 

How are they going to approach this. In what capacity is the Agent going to represent themselves in order to obtain that information ?

 

Are they going to fib and say they are a friend / relative who has lost touch ?. My instict would be, if the neighbour had wanted to keep in touch they would have done so. So no information would be given.

 

They are not permitted to represent themselves in a legal capacity and even so, I would probably tell the agent to get lost.

[citizenB]

by CitizenB:

Are they going to fib and say they are a friend / relative who has lost touch ?"

 

 

Well, this is exactly what Link Financial did in my case!

 

A Link Financial rep. by the name of Alan phoned one of my neigbours, pretending to be a friend who had lost contact and asked my neigbour to ask me to give Alan a ring. My neighbour came to my house one dark winters evening with a note in his hand, upon which was written; Please call Alan, the telephone number was Link Financial.

 

In fact, I had only just moved into my house and was extremely embarassed/concerned about this incident.

 

The ridiculous thing was that MBNA had sold my account to Link, whilst 'In Dispute';

MBNA knew of my whereabouts but clearly had not informed Link and;

all my mail was being re-directed to my new address.

 

This was not a case of an alleged debtor being traced, it was pure and simple intimidation and harassment.

 

 

How did I stop Link?

I instructed a solicitor and asserted my 'Rights';

TS did nothing to assist!

 

The moral of the story;

Link were flagrantly breaching the OFT guidleines and breaching legislation

 

AC

 

There isnt much one can say to that, is there ?

 

Presumably there is a reason for the existence of TS