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

[MAGDA]

time to form your own limited co abroad and pay yourself as a contractor through that then (assuming your work lends itself to doing so)

 

What, to avoid paying child maintenance, or to avoid the DCAs?

 

Magda

[MAGDA]

Link's letter of 30 Jan 09, is headed Sale of your debt: per-mot-loan.

 

First paragraph is worded

 

We, LINK Financial Ltd, hereby give you notice or intimation that effective from 15 Jan 09 GE Capital Bank Limited assigned to us the benefit of the debt that you owe to them under an agreement with the reference number set out above.

 

Received a Statement of Account from Link on 7 July 09, dated 24 Apr 09, showing balance brought forward on 01 Oct 2008.

 

None of it's ever made any sense to me:?

 

Link do occasionally pass account on to third party DCA's to recover, usually on the ones they have absolutely no chance of recovering, just to make a further attempt at intimidation. I have an account with Link (one of many) and finally after contacting TS forced Link to provide me with a statement of account. On calculating the unlawful charges, it turns out that link actually owe me money, not the other way around. I informed them of this, but they still continue to use an external DCA to threaten me every so often. I simply ignore these letters completely - Link won't be getting any money from me: Let them take me to court:D

 

Magda

[MAGDA]

You have been paying them in good faith, but now that you want to ask for a CCA and if they can't produce one, or if the one they produce isn't enforcable, then they have a problem - doesn't matter that you were paying them.

 

And remember, it isn't just the 'agreement' as even if that is enforceable, the assignment docs and the DN can also be trump cards for you.

 

Magda

[MAGDA]

Please see post number 24:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/221243-link-financial-check-out-2.html

 

Nice one Link Financial!

 

AC

 

 

Absolutely amazing isn't it? Well, I wonder what TS/OFT will have to say about this. Just goes to show though, someone less informed could quite easily have done as Link asked and ended up with a judgement against them. Magda

[MAGDA]

So can I ask them for the money back that I paid to them as indicated in my letter?

 

Hi, I doubt if you would get back any money you have paid to date, unless the debt wasn't yours to start with and you paid under duress for example because of their threats. It's usually considered on the forum that if the debt is unenforceable due to an agreement that doesn't comply with the regs, or because the agreement doesn't exist at all, you cannot also claim back payments you have made to date, as that would be considered unfair enrichment. I would think you would need to have the agreement,if it turns up and is unenforceable, declared so in court, and then seek compensation, but you are then on pretty risky ground as it could all backfire. You can of course claim back any unlawful charges though, but again, if the agreement is unenforceable (and you intend to stop paying) and that amount would just be credited to the account anyway, there is little point. It's usually one or the other.

 

Just one thing to remember with Link (from personal experience) they are quite good at suddenly providing agreements some time down the line completely out of the blue, sometimes following commencement of court proceedings (which they did in my case for two accounts) so I wouldn't consider the debt to be unenforceable (in the long term) just yet.

 

Magda

Edited September 23, 2009 by MAGDA

[MAGDA]

Link has probably passed your account to H&L AA because they realise they don't have even a remote chance of enforcing it. I have had two or three different DCA's chasing a Link debt now and just ignore them. I had written to Link previously and informed them that due to unlawful charges on the account, they actually owed me money. It went quiet for some time and then suddenly a new DCA popped up, trying to collect. Link really should learn when to give up:rolleyes:

 

Magda

[MAGDA]

Well done to emandcole by the way.

[MAGDA]

Hi Somad, are the agreement in both cases enforceable, if you're not sure, post them up. If they do take you to court on the second one, there are other issues you can defend on, i.e., Default Notice not being compliant, The Assignment, cancellation rights, if they apply, etc.

 

Also, OFT do deal with complaints regarding DCAs, so you can certainly report Link to them.

 

Magda

[MAGDA]

Help

 

Court claim received ref; Link

 

Account in dispute with OC (PPI) (s18 Multi agreement?)

 

NoA improperly served

 

No LBA from Link

 

BC

 

 

Have you got a thread?

[MAGDA]

Thanks Magda,

 

Ooops,

 

Meant to have added the thread but through a wobbly after opening post

 

Forgot to add that no attempt by Link to contact us by phone either

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/227155-link-buys-debt-while.html

 

Will have a look. We had four claims issued against us last April by Link, all within days of each other, and we've beaten them on all four (and they don't get a penny now on any of them,nor will they:D) - and you'll do the same, just as others have as well. The main thing is not to back down - that's what they hope for.

 

Magda

[MAGDA]

Somad, do you have a thread on this so that we can help a bit more, if Link have issued documents following commencement of proceedings, they are irrelevant and can't be used.

 

Magda

 

Just to add, it sounds as though they obtained judgement by default (if Link asked you to return court papers directly to them) in which case you should be applying to have the judgement set aside, but you have a hearing on Monday?

Edited November 25, 2009 by MAGDA

[MAGDA]

What on earth is wrong with Link, I think they seriously need help... I received two letters this morning from them and guess what, they are taking us to court for two more accounts because they say we haven't agreed to them getting a charge on our property. One of the accounts is for little more that £300, so how ridiculous is that. Unfortunately, we had 8 accounts sold to Link by the OC around six years ago, so they are now trying with these two, where they failed on the last four claims they brought. Don't they ever learn?

 

The letters they have sent are exactly the same as the letters they sent us before taking us to court last time for the other claims, so I think they intend to go ahead, which means I'll be defending four claims again all in one go, what with Cabot and Nwest. Ah well, all good practice.

 

Magda

[MAGDA]

I agree AC, I doubt they would get a charge on a debt that size anyway. And they haven't even asked for one (although of course the answer would be NO). I will be asking for a full set of statements if they do go ahead, and pretty sure there will be some pretty hefty amounts owing in unlawful charges as GE were very good at slapping those on, so the debt for three hundred will probably be non-existent straight away.. the other one is only for just over a thousand, so again, not a very big one.

 

As you say, they seem very, very desperate and interesting to see their accounts are overdue as well.... All I need now is for GE to issue a claim and that will really be the icing on the cake. I'll be on first name terms with my local court soon:D (and a more miserable bunch you couldn't hope to encounter)

 

Magda

[MAGDA]

Let's hope Link are prosecuted then - see how they like it when the tables are turned.

 

Magda

[MAGDA]

Yes, they will try to recoup their losses from us, but given past experience, they aren't very good at it- nasty and underhanded, yes, smart, most definitely not.

 

It must be a hard life being Paul Burdell, perhaps we should have a whip around for him.

 

Magda

[MAGDA]

Well, if he is suffereing from the shorts?

he can always pop round to his local morrisons store, as they have Bollinger on offer at half price.

 

Sorry Paul, it is only non-vintage!

 

:D

[MAGDA]

Help, just logged on to this web site. I'm a student with debts, possible ccj's around 15k, didn't know about them, didn't live in this country between 2002-2008, think debts go back to early 2003. don't know where to start, don't have income, husband low wage earner since returning to uk, checked with govtrust org, nothing seemed to be registred to my name - any suggestions?

 

What makes you think you might have CCJ's soslanza, have you noticed them on your credit file?

 

Magda

[MAGDA]

Nice to hear that some of us are Happy...

post number 60:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/114015-phone-call-02077932682-a-3.html

 

Not so clever are you, Link Financial Limited?

 

Harassing Consumers who are "In Dispute".

 

SHAME on you LINK FINANCIAL LIMITED!!!

 

No, bet Link won't be very happy that MBNA has refunded it direct, rather than to them. Someone will have a very nice Xmas, well done!

[MAGDA]

hi Somad, isn't it the case that they got judgement by default originally? Not really sure what actually happened, i.e., did you you receive the court papers and defend it originally, or were you told to send the papers back to Link? If you can give a bit more info, hopefully we will be able to help.

 

Magda

[MAGDA]

By the sounds of it, it might be worth trying to get the judgement set aside based on the fact that Payplan completed the forms and admitted liability on your behalf, and you did not in fact have the opportunity to defend based on all of the information needed. Did you ask Payplan to complete the forms, i.e., did you initially receive the forms and forward them on to Payplan, or were they sent direct to Payplan without you seeing them? these companies, such as Payplan, CCCS etc will always advise you to admit liability - I have always found it worrying that they are actually sponsored by the creditors themselves.

 

Magda

Edited November 30, 2009 by MAGDA