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

[angry cat]

by Disgruntled Employee:

 

Re: Thesis - gone too far!!

 

"Just had this back from the OFT

 

Consumer Credit Act 1974 (the Act)

Complaint Against: Link Financial Limited t/a Thesis Servicing

Licence No: 446835

 

Thank you for your email received on 8 August 2009.

 

I am very sorry to hear about the difficulties your wife has been experiencing with the above mentioned trader. The OFT has no authority to become involved in disputes between consumers and traders, so we cannot offer your wife any direct help with the complaint or advise you directly in this matter. However, we take into account the information you have helpfully given us as we monitor this trader’s fitness to hold a credit licence.

 

I enclose a list of organisations which can offer you help and advice. For specialist, face-to-face assistance, or intervention, you may wish to seek legal advice either through a local Citizens' Advice Bureau or directly from a legal adviser. The Insolvency Service has published a guide for debtors which contains an overview of the main debt solutions. The guide entitled ‘In Debt? Dealing with your creditors’ can be accessed from the Insolvency Services’ website at:

Publications and Guidance Material Issued by The Insolvency Service

 

I can confirm that the business you mention holds a consumer credit licence. Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the OFT has a duty to monitor the fitness and conduct of all traders who hold such a licence.

 

In considering fitness we take into account whether a business has engaged in improper business practices. Where we receive complaints about the business practices of licensees, we investigate them and where appropriate we take enforcement action; that action depends on the evidence and circumstances. Action the OFT can take includes revoking, refusing or suspending a licence; or placing conduct requirements on the licence of the company or business in question (failure to comply with a conduct requirement can result in a financial penalty being levied).

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat debtors fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: The Office of Fair Trading: Debt collection practices

 

I have noted the details of your wife's complaint, and we will continue to monitor Link's compliance with both the Requirements and the Debt Collection Guidance. We are therefore interested in complaints that details issues which have arisen after the Requirements were imposed. We will consider these alongside any other complaints we receive and would therefore be grateful if your wife could sign the enclosed consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to restrictions on the OFT relating to disclosure of information (Part 9 of the Enterprise Act 2002).

 

The Financial Ombudsman Service (FOS) can help with most complaints about consumer-credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself. FOS can be contacted at: Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR; 0845 080 1800, or Financial Ombudsman Service.

 

Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely"

 

This thread:

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/212677-thesis-gone-too-far-2.html

 

AC

 

Disgusting;

Link Financial are out of Control!

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-2367068.html

 

Excellent letter.

 

AC

[Disgruntled_Employee]

They certainly are out of control they seem to think that they can make up the rules as they go along.

 

Wasn't it our beloved government that insisted that The Student Loan Co sell some of these loans to Thesis/Link whatever they are calling themselves at this moment in time?

 

If so think it's time to call the government to task as well for creating this craphole of a situation with a less than reputable company.

 

thanks about the letter that's the first draft so pls ignore spelling/grammar etc just wanted to get it up asap.

[angry cat]

They certainly are out of control they seem to think that they can make up the rules as they go along.

 

Wasn't it our beloved government that insisted that The Student Loan Co sell some of these loans to Thesis/Link whatever they are calling themselves at this moment in time?

 

If so think it's time to call the government to task as well for creating this craphole of a situation with a less than reputable company.

 

thanks about the letter that's the first draft so pls ignore spelling/grammar etc just wanted to get it up asap.

 

Totally agree DE.

 

The core points of your letter do hit home;

this company needs to be brought to account and it is up to the Consumer to bring this about.

 

Good for you and hopefully others will step forward in making their complaints about Link Financial's Bad Business Practices.

 

AC

[Disgruntled_Employee]

Letter to our MP

I am sorry to be writing to you about a matter that has been causing me enormous problems as I know you and your staff are incredibly busy at the moment and I don’t like to add to the workload but I feel the matter has become sufficiently serious to warrant asking for some help.

Many years ago I attended University and “acquired” a small student loan. Upon leaving there I have never managed to reach the earnings threshold to be required to start paying this money back. All through this time I have sent in my deferment paperwork without fail to The Student Loan Co and never had a problem.

I then started receiving letters from a company called Thesis Servicing who said that they had taken on my loan and all correspondence was now to be with them instead, ok not a problem I thought. I received my deferment paperwork as normal and sent it back and unusually didn’t hear anything back for some time. The next contact I had from them was saying that I owed them money as I had not deferred, again I wrote to them and enclosed copies of everything and once again didn’t hear anything back.

This has been going on for some considerable time, I write to them they ignore me and send me yet another “template letter”.

Thesis then went on to start calling my elderly aunt who has serious health issues the worst of which being a serious heart problem. They have called her repeatedly demanding that she pass messages on to us (which I believe the OFT have already cautioned Thesis for).

The most recent problem being that they have somehow phoned my father. I have not had any contact with my father since I was a very young child and my parents divorced, he was not allowed contact due to fears for my safety. I know they have phoned him as out of the blue and after 30+ years I have had a letter from him telling me that they have called asking about me. Up till this point I had not heard from him at all and now he is writing me letters. I believe that he was given my address by Thesis, possibly under the pretence of confirming my current address. I am now terrified that he is going to turn up on my doorstep and as my mum lives next door and also suffers from extremely bad angina attacks if he did I think it would put her in hospital or worse, not to mention the fact that as I have 2 young children of my own to worry about as well. Luckily Thesis don’t have our phone number or we’d probably now be getting calls as well. This current mess has turned me into a nervous wreck I jump every time there is a knock on the door or the garden gate opens and again if it was not for the fact my mother lives next door I would have to consider moving house.

After receiving this letter I was so upset that I called xx xx at Thesis on 3rd August, she admitted it was her that had phoned him but only because they had had mail returned to them and that she “only worked in the mail department” which I believe to be a total lie. I asked her to send me these letters which she said she would but surprise surprise they haven’t arrived but we are getting post from them as another one of their template letters arrived 2 days later.

I have reported Thesis (a trading style of Link Financial apparently) to:

The Office for Fair Trading and Trading Standards

I also intend to complain to the Information Commissioners Office for breach of the data protection act 1998 and the Financial Ombudsman as well.

I have also written a very stern letter to Link Financial about this as well.

As this whole mess is the fault of the government I was wondering if there is anything you can do to help get this mess straightened out and get some justice for what Link Financial have done to me and my family.

Sorry once again to be writing to you about this matter and sorry for making it such a long letter but if there is anything you can do to help it would be greatly appreciated especially as whilst doing some research I do not appear to be the only one Link is treating in this manner.

I look forward to hearing from you in due course.

[MAGDA]

Hi DE, this is absolutely appalling. I know from first hand experience exactly what Link (Asset Link/Thesis) are like, but even I am shocked at this, though not surprised. You are doing the right thing in complaining to your MP (having already complained to the OFT/TS) and it is his duty to positively respond, given that it was the government as you say that passed these debts to thesis anyway. The ironic thing is that Link purchase these debts for next to nothing and then set about making your life hell. Hope this all works out for you eventually, Magda

[angry cat]

Hi DE, this is absolutely appalling. I know from first hand experience exactly what Link (Asset Link/Thesis) are like, but even I am shocked at this, though not surprised. You are doing the right thing in complaining to your MP (having already complained to the OFT/TS) and it is his duty to positively respond, given that it was the government as you say that passed these debts to thesis anyway. The ironic thing is that Link purchase these debts for next to nothing and then set about making your life hell. Hope this all works out for you eventually, Magda

 

Yes MAGDA, I am also appalled...Absolutely Despicable!!!

 

Letter to our MP

 

Quote by Disgruntled Employee:

 

I am sorry to be writing to you about a matter that has been causing me enormous problems as I know you and your staff are incredibly busy at the moment and I don’t like to add to the workload but I feel the matter has become sufficiently serious to warrant asking for some help.

Many years ago I attended University and “acquired” a small student loan. Upon leaving there I have never managed to reach the earnings threshold to be required to start paying this money back. All through this time I have sent in my deferment paperwork without fail to The Student Loan Co and never had a problem.

I then started receiving letters from a company called Thesis Servicing who said that they had taken on my loan and all correspondence was now to be with them instead, ok not a problem I thought. I received my deferment paperwork as normal and sent it back and unusually didn’t hear anything back for some time. The next contact I had from them was saying that I owed them money as I had not deferred, again I wrote to them and enclosed copies of everything and once again didn’t hear anything back.

This has been going on for some considerable time, I write to them they ignore me and send me yet another “template letter”.

Thesis then went on to start calling my elderly aunt who has serious health issues the worst of which being a serious heart problem. They have called her repeatedly demanding that she pass messages on to us (which I believe the OFT have already cautioned Thesis for).

The most recent problem being that they have somehow phoned my father. I have not had any contact with my father since I was a very young child and my parents divorced, he was not allowed contact due to fears for my safety. I know they have phoned him as out of the blue and after 30+ years I have had a letter from him telling me that they have called asking about me. Up till this point I had not heard from him at all and now he is writing me letters. I believe that he was given my address by Thesis, possibly under the pretence of confirming my current address. I am now terrified that he is going to turn up on my doorstep and as my mum lives next door and also suffers from extremely bad angina attacks if he did I think it would put her in hospital or worse, not to mention the fact that as I have 2 young children of my own to worry about as well. Luckily Thesis don’t have our phone number or we’d probably now be getting calls as well. This current mess has turned me into a nervous wreck I jump every time there is a knock on the door or the garden gate opens and again if it was not for the fact my mother lives next door I would have to consider moving house.

After receiving this letter I was so upset that I called xx xx at Thesis on 3rd August, she admitted it was her that had phoned him but only because they had had mail returned to them and that she “only worked in the mail department” which I believe to be a total lie. I asked her to send me these letters which she said she would but surprise surprise they haven’t arrived but we are getting post from them as another one of their template letters arrived 2 days later.

I have reported Thesis (a trading style of Link Financial apparently) to:

The Office for Fair Trading and Trading Standards

I also intend to complain to the Information Commissioners Office for breach of the data protection act 1998 and the Financial Ombudsman as well.

I have also written a very stern letter to Link Financial about this as well.

As this whole mess is the fault of the government I was wondering if there is anything you can do to help get this mess straightened out and get some justice for what Link Financial have done to me and my family.

Sorry once again to be writing to you about this matter and sorry for making it such a long letter but if there is anything you can do to help it would be greatly appreciated especially as whilst doing some research I do not appear to be the only one Link is treating in this manner.

I look forward to hearing from you in due course."

 

Good Grief,

 

How long does the General Consumer have to put up with this sort of Abuse & Harassment before, the so-called "Regulators", step in?

 

This sort of treatment is not fair, not reasonable and NOT ON;

it is nothing more than, "in the gutter tactics".

 

If the OFT & TS will not enforce the Guidelines & the Regs:

 

It is time to call in the big guns;

 

Lord Mandleson;

David Cameron;

Ken Clarke;

George Osborne;

John McFall;

Vince Cable and;

Nick Clegg.

 

Also lobby your MEP's.

 

AC

Edited August 15, 2009 by angry cat
additional

[ds66]

Hi to all, new on here and I hope I can get advice.

 

3 Years ago we entered into an IVA. The debtors are off our backs and payments are made as requested. HOWEVER..... This morning I received a phone call from a sarcastic agent from Link Financial Ltd.

 

He didn't hang around and asked me to make a payment. (I refused)

 

I questioned who he was and what this was about. He tells me that it relates to a debt with Northern Rock which is a secured loan on our house. I told him that this was crafty by Northern Rock, that they, knowing we entered an IVA went ahead and secured the loan on our mortgage with them!

 

He then told me that Link financial bought the debt from NR two years ago. This is the first I have heard of this. I have never been informed by NR of this and have never received any letters from Link financial regarding this either.

 

He asked me a few times to make payment I refused again and asked him what happens now he said it woud be refereed to the management team.

 

I know this may have been answered a 100 times on here but what do I do???

 

Many thanks

[angry cat]

Hi to all, new on here and I hope I can get advice.

 

3 Years ago we entered into an IVA. The debtors are off our backs and payments are made as requested. HOWEVER..... This morning I received a phone call from a sarcastic agent from Link Financial Ltd.

 

He didn't hang around and asked me to make a payment. (I refused)

 

I questioned who he was and what this was about. He tells me that it relates to a debt with Northern Rock which is a secured loan on our house. I told him that this was crafty by Northern Rock, that they, knowing we entered an IVA went ahead and secured the loan on our mortgage with them!

 

He then told me that Link financial bought the debt from NR two years ago. This is the first I have heard of this. I have never been informed by NR of this and have never received any letters from Link financial regarding this either.

 

He asked me a few times to make payment I refused again and asked him what happens now he said it woud be refereed to the management team.

 

I know this may have been answered a 100 times on here but what do I do???

 

Many thanks

 

Firstly, never talk to Link on the telephone, keep everything to the written word.

 

:

 

He then told me that Link financial bought the debt from NR two years ago. This is the first I have heard of this. I have never been informed by NR of this and have never received any letters from Link financial regarding this either."

 

If it were me, than I would be asking them to prove it;

request documenatary evidence and;

make a SAR.

 

Mark your letter; ACCOUNT IN DISPUTE!

 

AC

[sailor sam]

I've read a lot on here about Link so i'm thinking of sending them the following letter. can anyone give it the once over and give me an oppinion please?

 

Link Finance

PO Box 30095

LONDON

SE1 7WU

 

Your ref: xxxxx

Agreement: xxxxxxxxx

 

WITHOUT PREJUDICE

Dear Sir/Madam,

 

ACCOUNT IN DISPUTE

I am aware you are attempting to contact me by telephone despite my previous letter dated 27th June 2009.

 

During a recent telephone conversation I indicated to your operative that I was intending to again take specialist advice in whether the debt you are attempting to collect has been correctly passed to your company and as such, if you are legitimately entitled to pursue the same. I further indicated that I had not fully investigated further advice due to other situations I am involved which are more serious, being a long running legal case involving my 5 year old son.

 

However, due to your persistence I have now taken some further initial advice in this matter and it seems to suggest that you should have provided me with a Consumer Credit Agreement (CCA) within 12 days of taking over the account from the original creditor. You should also be aware that the original creditor; GE Capital Woodchester were in breach of the CCA by attempting to recover the item to which the agreement relates without a court order. They further ignored proposals from me to rectify the situation and did not notify me of them passing the account to a third party.

 

This letter therefore is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request; the provisions of s.77 will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a cheque in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee plus all monies which have been paid to you by me which were paid to you under duress and by way of the misapprehension that you were entitled to these payments.

 

Please not that I am only prepared to deal with this matter by way of written correspondence.

 

 

 

Yours faithfully,

[diamondgirl]

Great letter, get it sent off. I would make sure you send it special delivery (as this goes via courier and not royal mail even though you take it to the PO) with the postal strikes that are happening throughout the country from today up to and including 24th.

 

Knock em dead for me.

 

DG:)

[angry cat]

Please ensure that you mark your postal order;

CCA Statutory Fee ONLY.

 

Keep a copy!

 

AC

[angry cat]

Note that Link Financial are still harassing consumers!

 

Oh My! Link Financial and whilst you are in breach of S78 of the CCA, Post No. 111:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/192146-mbna-debt-bought-link-6.html

Edited August 17, 2009 by angry cat
error

[tierisch]

Link hasnt hassled me for a while - every so often i get a request for money and i just refer them to the statutory requests which they have ignored and so go quiet...........in the meantime have complained about them to OFT for not following guidelines etc

[Chickenlegs]

Hi there,

Sorry to muscle in on someone else's thread but we are OAPs and have just returned from a shopping trip this morning to find an envelope through the letterbox addressed to me with a pink slip inside from a Data Services company headed Personal Visit/Contact Card and their client is guess who............Link Financial Services!!

 

We CCA'd Link last year and, of course, they never replied. We had a Statement from them a month or two ago and now this visit!!

 

I feel personally violated by this - that someone has been to my front door. I wonder if they knocked at neighbours houses and told them that we owe money - it frightens me!! Do you think they will come back again? Should I send the template letter about no personal visits or am I too late?

 

Chickenlegs

[Seminole]

Hi DE, this is absolutely appalling. I know from first hand experience exactly what Link (Asset Link/Thesis) are like, but even I am shocked at this, though not surprised. You are doing the right thing in complaining to your MP (having already complained to the OFT/TS) and it is his duty to positively respond, given that it was the government as you say that passed these debts to thesis anyway. The ironic thing is that Link purchase these debts for next to nothing and then set about making your life hell. Hope this all works out for you eventually, Magda

 

Just to be clear about this what has the Government sold? Is it just the non-performing bits of the Student Loan Company debt i.e. the debts of those students whose earnings don't exceed the repayment threshold or have they sold other debts as well?

[angry cat]

Hi there,

Sorry to muscle in on someone else's thread but we are OAPs and have just returned from a shopping trip this morning to find an envelope through the letterbox addressed to me with a pink slip inside from a Data Services company headed Personal Visit/Contact Card and their client is guess who............Link Financial Services!!

 

We CCA'd Link last year and, of course, they never replied. We had a Statement from them a month or two ago and now this visit!!

 

I feel personally violated by this - that someone has been to my front door. I wonder if they knocked at neighbours houses and told them that we owe money - it frightens me!! Do you think they will come back again? Should I send the template letter about no personal visits or am I too late?

 

Chickenlegs

 

Hi Chickenlegs!

Sorry to hear that Link Financial are harassing you.

 

Please send to them the Trespass Rule letter and phone Consumer Direct (the OFT's Consumer Arm) ask Consumer Direct to LOG your complaint.

 

Also make a formal complaint to the OFT:

 

Any complaints about non-compliance with the OFT requirements should be sent to:

 

Enquiries

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

 

[email protected]"

 

 

QUOTE:

5. Failure to comply with a requirement could lead to a fine of up to £50,000 and/or be grounds for revocation of a consumer credit licence."

 

AC

[Chickenlegs]

Thankyou AC appreciate the fast reply - will do these immediately. If blokey comes back before they receive the Trespass letter what should we do?

Rgds

Chickenlegs

[Seminole]

Thankyou AC appreciate the fast reply - will do these immediately. If blokey comes back before they receive the Trespass letter what should we do?

Rgds

Chickenlegs

 

Tell them to leave. If they don't then call the police.

[underdog13]

Tell them to leave. If they don't then call the police.

 

and hand them a copy of the Trespass letter:)

[angry cat]

Send the letter to Link Financial and;

type out one to;

Whoever it May Concern Re: Link Financial Limited.

 

Keep two copies by your front door;

if the **** blokey comes back;

say nothing, do not enter into any discourse, just give him the letter and;

then shut the door...SHUT THE DOOR!

 

Please do not worry, these lowlfie/ pondlife morons do not have any rights.

 

I realise that the intimidation is frightening but what you have to bear in mind is that is their intention;

To SCARE You.

 

Come on OFT, when are you going to do the job that, you are paid to do?

STOP, this cesspit industry from hounding & harassing the British Electorate!

 

AC

[Chickenlegs]

Brilliant, will do angry cat. I feel better now; makes you feel in control when you can do something about it doesn't it!!

 

We have a letter sent to us last September from the OC apologising because they don't have a CCA for the a/c - so what are Link on????

 

Kind regards

Chickenlegs

[42man]

Hi CL....long time no speak....

 

Send this recorded to Link....

 

ACCOUNT IN DISPUTE

 

Date:

 

Dear Sir or Madam,

 

Account number: XXXX XXXX XXXX XXXX

 

I am in receipt of your letter dated XXXXX

 

This was disputed with you on (date CCA was sent) and has been since then, you are at this time still in default of my request for a copy of my agreement made under the Consumer Credit act 1974.

 

This is a clear breach of the Consumer Protection From Unfair Trading Regulations 2008 which in line with the Office Of Fair Trading's debt collection guidelines. As a holder of an Office Of Fair Trading Licence you are required to have a compaints procedure. I now require you to send this to me within 14 days.

 

My previous dispute from **DATE** has NOT been answered.

 

As you are aware while my Consumer Credit Act request remains in default enforcement action is NOT permitted, under s127 this constitutes a complete defence at law.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

If you now choose to ignore my dispute and attempt enforcement, I will initiate legal action and file reports with the appropriate authorities, including, but not limited to, Trading Standards, Office of Fair Trading, Information Commissioners Office, Financial Ombudsman Service and possible court action.

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Consumer Protection From Unfair Trading Regulations 2008 in line with the Office Of Fair Tradings Collection Guidelines, and as I understand it Link are already under restrictions from the Office Of Fair Trading

 

Your letter states an intention of a 'visit' I will ONLY correspond in writing, and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

I hope this makes my point perfectly clear

Yours faithfully/sincerely

[angry cat]

Brilliant, will do angry cat. I feel better now; makes you feel in control when you can do something about it doesn't it!!

 

We have a letter sent to us last September from the OC apologising because they don't have a CCA for the a/c - so what are Link on????

 

Kind regards

Chickenlegs

 

Very GOOD and do NOT Worry!

 

Link Financial Limited are "Chancers" (polite description).

 

If the OC does not have an agreement, then neither do Link;

Link are in breach of the OFT Guidlelines on Debt Collection and;

in breach of the CPUTR's, which has now been incorporated into UK Law.

 

Report Link Financial to the OFT.

 

Have your "Trespass Rule" letter at the ready by your front door;

Stand up for your Rights.

 

Love

AC

x

[Chickenlegs]

Hello again 42man, as you say, long time no speak. Thanks for the letter. I think the likes of Link are extremely disgruntled with us because we changed our telephone number and they can't ring us - the peace and quiet is beautiful.

rgds

CL

[Chickenlegs]

OK AC we will. Can't help but worry though, it goes with the age group you know. Thank you so much for the support - thats what its all about on here isn't it. Its just so...so......comforting to know you are all out there.

Kind regards

CL