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

[citizenB]

Thought you might like to see this AC

 

Crunch victims use anti-stalking laws to challenge 'greedy' banks - Home News, UK - The Independent

[citizenB]

It is beyond belief, I agree.

[citizenB]

Hi to all here is my nightly installment.

 

I have looked at the paperwork today. as a point of interest before I start Debtmatters sold our IVA to a company called Unique Business Finance Ltd.

 

Here goes:

 

We had a loan with Northern Rock that is included in our IVA. This is the debt that Link Financial say that they have purchased. Are Northern Rock legally allowed to sell a debt that is part of an IVA? If so and Link Financial have purchased the debt should the monthly installment be reduced or the amount that was going to Northern Rock now be going to Link Financial?

 

I also note on the letter that Link sent in reply to my request under section 77/78 that they state " We would also advise you this account has already been enforced by way of a legal charge against your property"

 

However today, I have purchased from Land registry a copy of the title deeds which does not show any such order. Am I right in thinking that Link Financial are either:

 

A) A bunch of lying fools

B) Clutching at straws

C) Scaremongering

D) In breach of any law by making such a comment in writing

E) ALL OF THE ABOVE

 

 

 

this is taken from the OFT debt collection guidelines

 

 

It breaches the OFT debt collection guidelines in my opinion.

 

“2.4 Examples of unfair practices are as follows:

a. falsely implying or claiming authority, for example, claiming to work on

instructions from the courts, claiming to be bailiffs or, in Scotland,

sheriff officers or messenger-at-arms

 

b. falsely implying or stating that action can or will be taken when it legally

cannot, for example, referring to bankruptcy or sequestration proceedings

when the balance is too low to qualify for such proceedings or claiming a

right of entry when no court order to this effect has been granted

 

d. falsely implying or stating that action has been taken when it has not, for

example, that civil action has been taken or that a court judgment has

already been obtained”

 

 

 

 

 

 

I would say they have breached "d"

[citizenB]

Sam, there is no harm in sending the letter again.. I see no reason why you shouldnt use Recorded delivery again.

 

This time though use the address that AC has posted up.

[citizenB]

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/220591-car-finance-link-financial.html#post2438649

 

Link are a menace and people should be making their complaints. It is beyond belief they are allowed to continue if the amount of people who have said they have complained .. have indeed done so.

[citizenB]

Hi there,

 

Finally got Link's standard response dated 15th september 2009 to my above letter which I sent on Ausust 21st. Unfortunately, I dont seem to be able to post it here apart from a thumbnail attachment which would be too small to read. Basically it says it could take 30 days to provide me with the requested documentation so its pretty much what other people have had.

 

Am I right in thinking they are out of time?

 

They are allowed 12 days + 2 for posting, those are working days. Sadly the "offence" bit has now been written out of the regs.. although it would appear that no company was ever taken to task over this.

[citizenB]

I think it is going to come down to the fact that people are worried about giving over their personal details to one person on the site in order for a group complaint to be made.

 

This has been tried with MBNA.

 

If one of you wants to start a new thread specifically for people to, at the very least say whether or not they HAVE made a complaint to the OFT. I will police it to ensure that it is kept specifically for that purpose.

 

If and when you get sufficient CAGers on the list then you can see how to move forward from there.

 

If at the same time CAGers put a link to their threads, I will keep an eye open and see if any newcomers are wanting to add their names to it.

[citizenB]

by emandcole:

 

"As you are aware, a County Court Summons has been issued against you and we would urge you to complete this and return it to us at your earliest convenience to prevent a default judgment being obtained.

 

We trust this is of assistance to you and look forward to receiving your completed claim by return of post."

 

Clearly their aim is to misdirect you into sending court paperwork to them instead of to the court ! The court then register you haven't responded and Link move in for the kill. How dirty can you get? So, if anyone is dealing with these cowboys be mindful of what they send you and do not be misdirected. There is of course no comeback on Link as it's your responsibility to get the response back to the right place at the right time."

 

by Somad:

 

LINK - TW**s

They issued us with a letter saying that we need to pay them with no dates, back in august- when we phone up they were dam right rude as they have been to everyone else, wont deal with payaplan happy to take money put taking to court for non payment and accountin default... they then sent us a letter for court not even a letter before action... payplan filled it all in , a ccj was issued by northamptn bulk office, with a fee of £96 when we can only pay £38, so we sent a letter to court asking for reconsideration its now in our local court and awaiting court date, we did issue a cca to link but they didint provide the details in the 12+2 days and now some 30-35 day letter they have sent what we asked for .....my question is even after they have accj can we still ask for it to be set aside as they didint have the proof and we only filled the papers as payplan advised us to...??"

 

by Flaminscotty:

 

"To all regardig LINK FINANCIAL.

as far as I am concearned LF have lied to me and to the CAB!

LF went to court Northampton Bulk center and a court summons was sent to my home address.

They are now applying to a local court in Wales to get a charging order on my house and charge me interst at 19.95 % pluss court fees £170.

I went to my local CAB and their so called Financial expert was expected by me to respond to the court summons with a prepaired defence. He failed to respond, and LF won the case by default without any responce being sent by CAB(advice please)?

CAB now claim that LF assured them that the case was on hold (as they did to me on more than three ocasions by phone).

The next thing I know is the day I open a letter from Northampton County Court to say LF win there case by default as no responce was sent to the court within 7 days full amont now due pluss cort fees added.

when I contacted link to ask why they assured me the case was on hold and that they would notify me when they had got the relavent info from GE Money... This now apperas to be a blatent untrouth as they went to court at the same time as telling me and the CAB that the case was on hold!!!!! I then complained to Northampton court and they put me in touch with the legal advice line and a solicitor from them says that LF have acted in a deceatfull way by lieing to me and the CAB on more than one ocasion coments please.

Flaminscotty."

 

[EMPHASIS]

when I contacted link to ask why they assured me the case was on hold and that they would notify me when they had got the relavent info from GE Money... This now apperas to be a blatent untrouth as they went to court at the same time as telling me and the CAB that the case was on hold!!!!! I then complained to Northampton court and they put me in touch with the legal advice line and a solicitor from them says that LF have acted in a deceatfull way by lieing to me and the CAB on more than one ocasion"

 

 

Can you get a letter from CAB to say they were given this information by Link on the telephone ? That will help in your complaint to the regulatory authorities.

 

Are you going to attempt to have the judgement set aside ?

[citizenB]

I always thought it was against the rules to offer further loans to those already in trouble. Links own pages are less than clear

 

LINK Financial :: Customer

 

They arent supposed to according to the OFT guidelines:(

[citizenB]

 

 

 

Quite Right CB!

 

I would be throwing all my toys out of the cot;

why weren't Link Financial taking notice of and working with an accredited advisory service such as the CAB?

 

Because they are getting away with it, AC.. !. I am really surprised that CAB havent offered to help make a complaint in this respect as well. It doesnt look to good for them if they are just going to sit back and let this kind of abuse go on.

[citizenB]

Thank you Angry Cat.

 

Yes I have already sent those letters off to Link Financial by registered post.

I followed all the great advice and understand I will now send all the same ones to Horwich Farrelly.

Yes the letter looks so familiar to me , wish I had kept one will have a search see if one is lurking somewhere!!

 

I have kept a copy of the letters I sent last week.

Thank you again and keep up the great work.

Regards to all

Marg

 

Not only the letters, keep the envelopes as well. Staple them to the letter as you receive them so they dont get lost.

[citizenB]

Hi Folks, Exam went well today, but the downer of the day was a letter sent to a relatives address in my name. It is from BMS Ltd saying I owe money for a Barclayloan, never owed any money for a loan, only a bit on a overdraft in 2003. Letter says it is a notice of assignment, saying county court claim No.*******. It says BMC has been instructed by HLCF Ltd(who are they?) What should I do? Technically I have not received this letter because I do not live at that address, however the relative is elderly and I would not want any hassle for them.

 

 

I think we need a little more information. YOu say you have received a Notice of Assignment with a County Court Claim number on it ?

 

It is either a County Court Claim, in which case you need to act within time scales. Please start a thread in the legal issues.

 

Or it is a Notice of Assignment then it needs to be issued correctly, date, amount etc. Again, you will need to start a thread and give more information in order for people to advise you correctly.