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

[angry cat]

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

 

Hi MAGDA!

 

I had an email today from Lambeth TS, they cannot answer my additional questions yet...

 

But will do so shortly.

 

AC

[MAGDA]

Hi MAGDA!

 

I had an email today from Lambeth TS, they cannot answer my additional questions yet...

 

But will do so shortly.

 

AC

 

Yes, it always seems to be put off for another day doesn't it, although hopefully we'll manage to make some headway in the end. I think maybe we might manage to actually get something done on this occasion if we all stick with it.

 

Magda

[angry cat]

Yes, it always seems to be put off for another day doesn't it, although hopefully we'll manage to make some headway in the end. I think maybe we might manage to actually get something done on this occasion if we all stick with it.

 

Magda

 

Yes MAGDA I agree,

 

We must ALL keep up a united front and every member who is being affected by Link Financial's; unfair commercial practices must receive encouragement and support...

 

If you don't complain Guys, then Link will get away with what they have done and, are doing.

 

The OFT and TS have a duty to us; the average consumer under the new CPUTR's!

 

AC

[angry cat]

Member; bartezno1 has just received one of these:-

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1778456.html

 

If you receive one, please scan and post it up.

 

Thanks

 

AC

[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.

[phatram]

Posting the following in case it can be of help ?,

Re: my request under the Consumer Credit Act 1974

 

Thank you for your letter of the xx xxxxxxx xxxx. I note that to date you have not complied with my request for a copy of the credit agreement for this alleged debt which you are pursuing me for

The Consumer Credit Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. Without production of the said agreement I am unable to asses if I am indeed liable for any alleged debt to you, nor does it give me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until xx xxxxxx xxxxxx to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

The time limits, which are laid down in the Consumer Credit (Prescribed Periods for Giving Information) Regulations 1983 are clear. You must supply an executed credit agreement within 12 + 2 working days of a proper CCA request. If you fail to comply with a legitimate request the account enters a default situation and if you fail to comply after a further 30 days you commit an offence. If you continue to try to enforce this debt without complying with my original request you will have committed a criminal offence and your conduct will be reported to the Office of Fair Trading, the Financial Ombudsman and Trading Standards. Any investigation undertaken by them may affect your ability to offer credit in the future.

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

[angry cat]

Good move phatram;

 

AC

[Guest Menucha]

Can someone please point me in the direction of an SAR Letter which I can copy for MBNA.

I've sent a CCA to Link, so I'm not expecting much there

Do you think I should also include a CCA request in the SAR Letter to MBNA?

Thought I might as well take the bull by the horns and try both.

 

Cheers

[phatram]

MBNA EUROPE BANK LTD

STANSFIELD HOUSE

CHESTER BUSINESS PARK

CHESTER

CH4 9QQ

 

Data Protection Act 1998

Subject Access Request

 

 

Dear Sir/Madam

 

 

ACCOUNT NUMBER: xxxxxxxxxxxxx

 

Please supply me with a complete list of transactions and charges relating to my banking history with your organisation. Alternatively, a complete set of statements for that period will be acceptable.

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

I would be happy to collect the Data from my local branch.

 

 

Yours faithfully,

[AndyOrch]

Can someone please point me in the direction of an S.A.R - (Subject Access Request) Letter which I can copy for MBNA.

I've sent a CCA to Link, so I'm not expecting much there

Do you think I should also include a CCA request in the SAR Letter to MBNA? No the S.A.R requests this which is usually ignored always keep your CCA requests seperate with a £1.00 PO

Thought I might as well take the bull by the horns and try both.

 

Cheers

 

 

 

Regards

Andy

[angry cat]

Can someone please point me in the direction of an S.A.R - (Subject Access Request) Letter which I can copy for MBNA.

I've sent a CCA to Link, so I'm not expecting much there

Do you think I should also include a CCA request in the S.A.R - (Subject Access Request) Letter to MBNA?

Thought I might as well take the bull by the horns and try both.

 

Cheers

 

Menucha, in this particular situation you need to make a FULL SAR;

everything that they hold on you as an individual...

 

I would also make a separate CCA Request.

 

"The Data Controller

MBNA (Europe) Bank Limited

 

Subject Access Request -Data Protection Act 1998

 

Dear Sir or Madam:

 

Re: Your Name – MBNA (Europe) Bank Limited Account Number XXXXXXXXX

 

As per the Section 7 of the Data Protection Act 1998, “Subject Access Request”, I hereby request that you supply me with any and all historical data in your possession which, in any way appertains to me that relates to me, including (but not exhaustively) a true copy of the original signed executed agreement; statements of account; duplicate statements and/or print outs of all account transactions; all internal and external correspondence sent or received by you including memo’s, logs, notes, screen prints and transcripts; notes of manual interventions such as telephone attendants’ notes, internal and external emails; any other information held on any types of media in any relevant filing system (microfiche included). I should receive your full compliance within a maximum of 40 days of this letter being recorded as delivered by Royal Mail.

 

If you have disclosed any information to any third party (with or without my express permission), will you please include details of these in your reply, along with notes of any legal action passed or pending (to include a true copy of default notices, court orders and the like).

 

Where any information that you provide includes any charges, for example returned payments, unauthorised overdraft, items paid whilst overdrawn, late payments or being over limit and so forth, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge, and the Terms or Conditions which you rely upon to claim such a charge.

 

I also require that you forward, within the above mentioned time scale, a true copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions.

 

Where any information is no longer available, I require a statement confirming how any information has been disposed of, removed, destroyed and the method of doing so, by whom, when and where.

 

This is not an exhaustive list by any means it is just an example of some of the information

I enclose the statutory fee of £10.00. You have 40 days to comply with my request.

 

If there is specific information that you require in order to satisfy yourself as to my identity, please let me know by return.

However, please note that the above address is the one which you have used and MBNA (Europe) Bank Limited continue to use, to communicate my private business to me and which you have and MBNA (Europe) Bank Limited have hitherto found acceptable.

 

Yours faithfully"

 

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

 

 

Well, I was a waiting a response to the above emal that I sent to Lambeth TS regarding Link.

 

Last evening, I received an email, not from the party to whom I wrote, but from the;

Customer Relations Manager, Strategy & Performance, Stockwell Road, Lambeth.

 

I am astonished, speechless!

The writer of the following email appears to take the view that I was making a Freedom of Information Act Request?

When all that I was attempting to do, was to get Lambeth TS to confirm/acknowledge that their has in fact been many complaints to them about Link Financial Limited.

 

I take the following as a blatant attempt to thwart the flood of consumer compalaints about Link.

 

Furthermore, I am only to well aware of the fact that, Trading Standards will never allow a Freedom of Information Act Request from a consumer, to be successful...SHOCKING!

 

"24th October 2008

 

xxxxxxxxxxx

via e-mail

 

 

 

Freedom of Information request 104834

Dear Ms xxxxxxx

 

I am writing in response to your e-mail of 20th October 2008 addressed to Mr Robert Gardner in which you requested information about Link Financial Limited.

 

Your enquiry has been logged as a freedom of information request and has been dealt with in accordance with the terms of the Freedom of Information Act (2000) (FoIA) and the disclosure provisions of the Enterprise Act (2002) (EA 2002).

 

Response to your request for information relating to complaint data held by the London Borough of Lambeth

 

I am sorry to inform you that due to the legislative constraints contained in Part 9 of the EA 2002 which relate to ‘Restrictions on Disclosure’ requests for details of complaints data held by the London Borough of Lambeth, including whether or not the London Borough of Lambeth has received any complaints, the details of those complaints or the number of complaints about a business or individual cannot be provided unless a permitted gateway allows the information to be released (see below).

 

Section 44(1)(a) of the FoIA provides an absolute exemption from disclosure of information where the Public Authority holding it is prohibited by or under any other enactment.

 

One such prohibition is contained in Part 9 of the EA 2002. Sections 237 and 238 of that act prohibit the disclosure of specified information. Specified information is information which comes to a public authority in connection with the exercise of its functions. Complaints information that is received by the London Borough of Lambeth including the details or the number of complaints about a particular company or trader is received in the course of the performance of our functions under the EA 2002 and is therefore subject to the exemption on disclosure as described at Section 44(1)(a) of the FoIA.

 

Furthermore the London Borough of Lambeth neither confirms nor denies that it holds any complaint information falling within the terms of your request. The duty under Section 1(1)(a) of the FoIA which states:

 

‘Any person making a request for information to a public authority is entitled to be informed in writing by the public authority whether it holds information of the description specified in the request’

 

does not apply by virtue of Section 44(2) of the FoIA which states:

 

‘The duty to confirm or deny does not arise if the confirmation or denial that would have to be given to comply with Section 1(1)(a) of the FoIA would fall within Section 44(1)(a-c).’

 

I am therefore sorry that I am unable to provide you with the information you requested but, as you can see from the above information, there are significant legal restrictions placed on the London Borough of Lambeth in relation to the disclosure of information it receives in the exercise of its statutory functions. Such information can only be dealt with in accordance with Part 9 EA 2002.

 

Gateway

 

The Enterprise Act 2002 (Disclosure of Information for Civil Proceedings etc.) Order 2007, which came into effect on 1st October 2007 and amends Part 9 does, however, provide a gateway for the disclosure of consumer information such as complaint information for the purposes of civil proceedings. However, in order to assess the applicability of this particular gateway to allow any disclosure of specified information such as complaints data, we would first need evidence from a court of forthcoming proceedings.

 

 

Appeals procedure

 

Should you have a complaint about the way your request for information under the Freedom of Information Act has been dealt with, please contact the Corporate Complaints Unit, Lambeth Town Hall, SW2 1RW or e-mail [email protected]

 

If you remain dissatisfied with the outcome of your complaint you may contact the Information Commissioner, who can be reached at:

 

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Tel: 01625 545 700

Fax: 01625 545 510

 

Further information on the Freedom of Information Act can be found on the Information Commissioner's website Information Commissioner's Office - ICO

 

Yours sincerely

 

 

Stephen Pollock

Customer Relations Manager

020 7926 2616

[email protected]"

 

I ASKED THIS QUESTION;

 

"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".

 

Do we really have to make an FoI Act Request, (you cannot make one to TS, because they will block it with; the exemptions) in order that the above question be answered?

 

Clearly TS do not want to answer this question?

WHY?

It is not a State Secret, one only has to look at this consumer forum and others similar, which are readily available on the worldwide web.

 

Please also note that TS have ignored all the points I raised in relation the the CPUTR's 2008!

 

AC

[mummybird]

Good morning all,

A missive from Link this morning:

 

Thank you for your letter dated 7th October 2008. Please be aware a copy of your agreement was sent to you on 14th Jan 2008. Plese find enclosed another copy of this for your records along with terms and conditions. The documentation sent fully complies with our obligation under the CCA 1974 and therefore we do not consider this matter to be in dispute.

I refer to your notice under the Data Protection Act 1998. Your MBNA account was assigned to Link Financial in July 2004. The responsibility to manage the information placed with the Credit Reference Agencies by MBNA was also passed at the time of purchase. Therefore we no (!!!) not believe we are in breach of our responsibilites under the Act with regards to your details. Please contact us to discuss the repayment of your outstanding balance.

Guess what they sent me? Another copy of the appliaction form sent in January! to which I relped using the template on Post 81 on my thread " L

Scare Tactics from Link Financial"

 

Any comments anybody?

Regards Mummybird

[The Phantom]

I got a letter from Link this morning too. No agreement or attachments.

It just states (probably in response to my letter posted earlier in this thread, post 11 it was I think)

 

"I refer to your notice under the Data Protection Act 1998. Your MBNA Europe Bank Limited account was assigned to Link Financial in April 2007. The responsibility to manage the information placed with the Credit Reference Agencies by MBNA Europe Bank Limited was also passed at the time of purchase. Therefore we do not believe we are in breach of our responsibilities under the Act with regards to your details

 

If you have any questions or queries in relation to this letter please feel free to contact me on xxxxxxxxx"

 

No mention of their breach of the CCA since last year. Are they saying, Ok we have no agreement and are in breach of the CCA but we can still process your data or what ?

The fact that they have no agreement and haven't produced one seems to be the more important fact but no mention of that in their letter...??

Edited October 25, 2008 by The Phantom

[angry cat]

Link Financial will never give a straight answer;

that is if they even answer at all!

 

Link Financial simply sidestep the issue!

 

Note, when a data controller changes from the OC to an assignee;

both parites;

the assignor & the assignee, must inform the account holder, or debtor, of the change of the data controller!

 

Looks like Link Financial are digging themselves a, deeper and deeper hole...

 

AC

[FANTASY CHARGES]

JUST VISITED THE "MISSING-LINK WEBSITE"

 

HAVE SEEN THE RUBBISH ABOUT THE DATA PROTECTION ACT ON THEIR WEBSITE

 

"In line with the Data Protection Act 1998 you have a right to ask what information we hold about you. You can do this by writing to us at the following address, providing sufficient identification evidence (e.g. a copy of your passport) and enclosing the corresponding £10 fee:

 

The Data Protection Office,

LINK Financial,

PO Box 30095,

London,

SE1 7WU

 

Should you wish to update your details, you can talk to one of our Account Officers on 0844 736 8426. Please note that we are not responsible for the security of information you send on-line. Please do not email us sensitive information.

 

 

LINK Financial Ltd

 

Registered Office: Camelford House, 89 Albert Embankment, London, SE1 7TP

 

Company Registration No: 3504939

 

Consumer Credit License No: 446835"

 

has anyone thought of complaining to the people who issued their consumer credit license about this them ???

 

 

and below is a link to complain to lambeth council about lambeth council itself

 

the leader of lambeth council appears to be

 

"Cllr Steve Reed has been Leader of Lambeth Council since the local elections of May 2006, following which Labour formed the majority group on Lambeth Council."

 

London Borough of Lambeth | Forms | Complaints Form (Step 1 of 7)

[angry cat]

The link doesn't work FANTASY, apparently their is a technical problem!

 

Anyhow, if anyone wants to complain;

the complaint should be sent to;

Robert Gardner

Trading Standards Manager

Regeneration, Housing and Environment.

 

[email protected]

 

I have already complained! MADGA has complained to the Link Caerphilly TS.

 

Furthermore, I asked Mr. Gardner how many complaints there have been about Link Financial recently. However, Lambeth TS clearly do not wish to confirm that there have been many complaints about Link recently.

 

I think that it would be a good idea for all other affected members to complain...Complain away.

 

AC

[Pandora_nini]

Good morning all,

A missive from Link this morning:

 

Thank you for your letter dated 7th October 2008. Please be aware a copy of your agreement was sent to you on 14th Jan 2008. Plese find enclosed another copy of this for your records along with terms and conditions. The documentation sent fully complies with our obligation under the CCA 1974 and therefore we do not consider this matter to be in dispute.

 

I refer to your notice under the Data Protection Act 1998. Your MBNA account was assigned to Link Financial in July 2004. The responsibility to manage the information placed with the Credit Reference Agencies by MBNA was also passed at the time of purchase. Therefore we no (!!!) not believe we are in breach of our responsibilites under the Act with regards to your details. Please contact us to discuss the repayment of your outstanding balance.

 

Guess what they sent me? Another copy of the appliaction form sent in January! to which I relped using the template on Post 81 on my thread " L

Scare Tactics from Link Financial"

 

Any comments anybody?

Regards Mummybird

 

 

I had pretty much the same letter, different details....

[Pandora_nini]

Good morning all,

A missive from Link this morning:

 

Thank you for your letter dated 7th October 2008. Please be aware a copy of your agreement was sent to you on 14th Jan 2008. Plese find enclosed another copy of this for your records along with terms and conditions. The documentation sent fully complies with our obligation under the CCA 1974 and therefore we do not consider this matter to be in dispute.

 

I refer to your notice under the Data Protection Act 1998. Your MBNA account was assigned to Link Financial in July 2004. The responsibility to manage the information placed with the Credit Reference Agencies by MBNA was also passed at the time of purchase. Therefore we no (!!!) not believe we are in breach of our responsibilites under the Act with regards to your details. Please contact us to discuss the repayment of your outstanding balance.

 

Guess what they sent me? Another copy of the appliaction form sent in January! to which I relped using the template on Post 81 on my thread " L

Scare Tactics from Link Financial"

 

Any comments anybody?

Regards Mummybird

 

 

 

I had pretty much the same letter.... different details though....

[mekkleman]

Hi all,

I have bombarded link with all the relevant letter off this site, nothing has been replied to yet, but this morning i received a letter from Thames credit quoting only an account number and asking me to ring them as they have been trying to contact me at another address and have now accessed public information to asertain my present address, and asking me to ring them as they hold the above (the reference number on my letter) agreementat the address shown.

 

Can anyone tell me is this likely that link have sold my debt on (i have stopped all contact with link and they have stopped phoning me or writing since the letters were sent.)

 

Im obviously not going to ring them but which letters should go to Thames please.

[phatram]

AC, would you post a copy of your complaint letter to TS please or PM it to me if you prefer?

Cheers

[angry cat]

Dear Mr Gardner,

 

With reference to our recent telephone conversation today.(sent 02/10/2008

 

Please find attached a copy of the document as discussed that Link Financial sent me via TNT contract mail.

 

To reiterate, it has come to my attention that, Link Financial Limited sent similar documents via mass mailing to thousands of consumers.

 

I hope that you escalate this matter to the higher authority.

 

Kind regards

 

I followed that email up with this:-

 

Further to my earlier email;

consumers are still receiving the mass mailing Default Notices.

 

On the advice of Consumer Direct it was suggested that one writes a simply letter such as;

 

"I DO NOT ACKNOWLEDGE ANY DEBT WHATSOEVER TO YOUR COMPANY

 

ACCOUNT IN DISPUTE

 

Further demands for payment may be considered to be harassment under the Administration of Justice Act"

 

The following is a quote from an average consumer:-

 

Unfortunately, Link financial will merely find the above amusing. They have actually told me (during telephone conversations) that they couldn't care less about TS or the OFT, and they practically split their sides laughing at any mention of reporting them to these organisations. [end Quote]

 

I will wait until I hear from you further.

 

Kind regards

 

and then this one:-

 

Dear Mr. Gardner,

 

Thank you for your swift response and for taking my concerns seriously.

 

With regards to the Consumer Protection from Unfair Trrading Regulations 2008, I believe that Regulation 3 & 5 would apply but in particulat Regulation 7, which does relate to the activities of Debt Collectors;

 

The Consumer Protection from Unfair Trading Regulations 2008 (CPR’s), came into force on 26 May 2008 and implemented The Unfair Commercial Practices Directive (UCPD) into UK Law.

 

 

 

In particular Regulation 7;

 

Aggressive practice by harassment, coercion or undue influence;

 

(Likely to) significantly impair the average consumer’s freedom of conduct;

 

and the average consumer is likely to take different decision as a result

 

 

 

Harassment and coercion are not expressly defined in the CPR’s, but include both physical and non-physical, (including psychological) pressure.

 

 

 

The CPR's also cover;

 

Failing to honour commitments made in a code of conduct (regulation 5)

 

 

 

As you are aware I am deeply concerned about the actions of Link Financial Limited, as their action is affecting many members of the public; the average consumer.

 

Furthermore, I note that the letters that were sent out in this mass mailer were signed by Mrs. Selina Burdell, Operations Director of Link Financial and the wife of the CEO, Mr. Paul Burdell.

 

Therefore, it is clear that these letters have come from the controlling mind of Link Financial Limited.

 

 

 

Kind regards

 

Finally, I sent this, of which I have not received a response!

 

Dear Mr. Gardner,

 

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...

 

Kind regards

 

Yours sincerely,

 

AC

[phatram]

Dear Mr Gardner,

I am writing to you to complain about Link Financial and their non compliance of my requests under sections 77-79 of the Consumer Credit Act of 1974.

I have made two requests and they have only replied to one and their reply is most unsatisfactory. They state that my statutory fee has been applied to reduce a debt, not for the correct reason. This is theft and will be reported to the Police as such. I attach copies of all correspondence with Link Financial and await details of the action you will be taking against Link.

 

Yours sincerely

Mrs P

 

 

Complaint also made to OFT, just the Police to go.

Edited October 28, 2008 by phatram

[angry cat]

Good For You Phatram!

 

I can assure you that Link have taken the £1 stat fee from others, as well as yourself.

 

Hopefully, other members will complain to Lambeth TS and the OFT about Link Financial's; Unfair Commercial Practices.

 

Do Not Forget about the Mass-Mailing of the Default Notices.

 

Guy's, if you don't complain then Link will just carry on, circumnavigating the OFT guidelines, the CCA and the CPUTR's which are now, UK Law.

 

Link's actions have to be nipped in the bud and...

there is great strngth in numbers!

 

AC

[MAGDA]

Hi AC and all, I have been pushing my complaint through with TS Caerphilly for some months now, and together with all the complaints received from those on this site, perhaps it is finally starting to do some good. I received this email today from TS:

 

Miss X has had further discussions with the OFT to whom details of all complaints etc., have been passed on by both Lambeth and ourselves. The OFT have indicated that they will be able to update us on their position in relation to this company hopefully within the next two weeks.

When I am aware of the OFT's position I will be able to consider what action, if any, it is appropriate for Caerphilly to take.

I'm sorry for this delay but I feel it is only prudent to establish the position of other interested parties before considering what options may be available.

Regards,

Hope we will all fnally get somewhere, Link has been able to get aways with their appalling ttactics for far too long. Magda