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    • Hi All,   Hoping for a little help and advice please.   This company Link Financial are chasing me for a debt that I had as a credit card with Royal Bank of Scotland. Out of the blue and having no correspondence from RBS a few year back this company claimed I now owed them the sum of money. I have written in response stating I do not acknowledge any debt to Link financial and asked them to supply evidence of liability. I also requested a true copy of the alleged agreement, a full statement of account, a signed true copy of assignment and any other documents referred to in the agreement. I also enclosed  a £1 payment for the credit agreement request and clearly stated that this £1 payment under no circumstances should be set aside for any alleged debt and if the documentation can't be supplied the fee should be returned.   Link's response was just a small statement of account with credit agreement number, account number (same as the RBS number), date of agreement and transaction sheet where they had taken the £1 fee off the debt value after I asked them not to. There was no true copy of assignment, true copy of alleged agreement or evidence of liability.   For reference, In 2009 my debts started to mount after my wife I had lost a child and we weren't at work for months, so ended up paying the mortgage on a credit card. Eventually it got too much and the RBS took me to county court in 2011 where I received a CCJ and then RBS was granted a charging order on my property which is in my name only. I was ordered to pay a monthly fee.    I received my first letter from Link in 2016 just stating, we have not written to you in some time as we have had to locate your address. We would like to discuss your intentions regarding the outstanding balance on  your account. I had no correspondence from RBS about this so I thought this was a scam company.  Unbeknown to me I also realised the monthly payment to the RBS had stopped being taken directly from my account.   After a few letters backwards and forwards about me disputing Link and this debt today 26th February 2021 I have now received another letter from Link stating. As you are aware a charging order on the beneficial interest you have in the property at.........has been secured. They are now seeking payment and will accept monthly payments on the account in accordance with my current financial situation. If I chose not to settle in full or fail to complete and return the form below or contact them within 7 days they will take further legal recovery action. There is a little boxed section at the bottom monthly or weekly payments for me to fill in and send off.   I'm really at my wits end now of what to do next. I have two years left on my mortgage and finding it really hard to get through that two year financially, especially since this pandemic has really hit home money wise. The last thing I need is the family home to be taken away especially with a 10 year old in the home.    I really appreciate any help and guidance. Thank you.    
    • OK lets pick out a few words in the ramble   Free energy?  Slavery?  Constructive manslaughter?  Weaponised energy of 5g Biowarfare Only wearing medical masks for criminal intent   Please may I suggest an extra layer of foil on the tin hat?    Oh and FYI there is no class action in the UK... 
    • i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.   I dont know what to do now -   @Andyorchcan i have your thoughts too please   the hassle just makes you feel like giving in to them
    • We believe this firm has been providing financial services or products in the UK without our authorisation. Find out why to be especially wary of dealing with this unauthorised firm and how to protect yourself from scammers. View the full article
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Godebt/advice needed.


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Pureangel, don't worry, read through the thread, and I'm sure someone will be along to reassure you.

 

Btw .. Go Debt (who don't scare me, thanks largely to this forum) have just sent me a threat of a visit from their field agent, and handwritten "bailiffs" at the top, surely this amounts to posing as bailiffs?

 

I was very down two years ago when I fell I'll and nearly lost the house, now I've bounced back and it's so easy to deal with these clowns. They rely on people panicking.

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I also have had a car with YCC and now have Go Debt chasing me. I bought my car a 1.9 tdi megane in 2004. Sadly due to illness i lost my job 3 months later and advised Yes of this they told me to hand the car back and i will owe nothing. This i did and have been chased ever since :evil: In the beginning i tried to offer goodwill repayments as i was on incapacity benefit of £20 then i'd raise it to £50 a month until i got back on my feet financially and medically but the amounts i offered were refused both times at one point they even tried saying i offered those amounts based per week not per month. I have since had a baby (i also have a teenager) and they have now threatened me with bancrupcy. After alot of verbal sh** on the phone they offered me a final payment offer of £1000, if i paid this that would be it........however the catch was that i had 1 week to get the money together. I begged, pleaded and borrowed off family and managed £500 and offered 5 monthly payments of £100 for the rest they also refused this offer. I have now recieved a letter from Hollis Briggs threatening me with bailiffs and bancrupcy. I'm still unemployed and i'm a single parent living on my own i don't want my children to lose all their things and i don't want to lose my things either. This is really starting to scare me ......PLEASE HELP ME SOMEONE

I've moved your post you made in the Welcome Forum into the Debt Collection Forum.

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hi and welcome..first thing to do is not to panic...no baillif will call to the house or anything and as to threatening you with bankruptcy...so far every one godebt has tried on here they have lost....have you the original agreement? also when was the last time you paid any money at all against this debt?

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to pureangel can you have a look at my posting above and let me know.. if you dont have the original agreement from ycc...i want you to send the letter posted below to godebt...enclose a pound postal order...do not sign the letter simply print your name...when you get the agreement let us know and we will advise from there...if godebt ring you do not speak to them on the phone.....tell them in writing only....do not get into any conversations with these idiots....if they issue any court papers..post on here and again we will advise...do not worry this company are a bunch of losers and so far we have won every court case we have done on here against them on this ycc agreement

if you need any more help just shout

CONSUMER CREDIT ACT 1974

Xxxxxxx

Xxxxxxx

Xxxxxx

Date xx/xx/xx

 

 

 

To Whom It May Concern:

 

Your Reference: Agreement Number:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

With reference to the above account, I request that you send me a true copy of this Credit Agreement before I will correspond further on this matter.

 

This is my right under the legislation contained within Section 77 (1) and Section 78 (1) of the Consumer Credit Act 1974, and I am entitled to receive a copy of my Credit Agreement on request.

Your obligation also extends to providing me with a statement of account. I enclose a £1 Postal Order, which represents payment of the statutory fee payable under the Consumer Credit Act. I understand that a copy of my Credit Agreement should be supplied within 12 working days from the date of this letter.

I also understand that under the Consumer Credit Act, creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the Agreement under these sections of the Act.

In summary, I DO NOT ACKNOWLEDGE THIS DEBT AND THEREFORE REQUIRE YOU TO SUBSTANTIATE THIS BY PROVIDING THE FOLLOWING DOCUMENTATION BEFORE I CORRESPOND FURTHER :

1. True copy of original Credit Agreement

2. Statement of Account

3. Copy of the executed Deed Of Assignment

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 Consumer Credit Agreement request. If you intend to send a reconstituted copy of the Consumer Credit Agreement you must declare the reason why it has been reconstituted and if the original still exists and in what form (microfiche) etc

As you are aware, a Credit Agreement that is not properly documented and signed by the customer is totally unenforceable under the Consumer Credit Act and therefore is a complete defence to any court claim that is issued.

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

Further to the above, please ensure that any contact by you is made in writing only to the above address. Telephone calls and personal visits will not be accepted and viewed as harassment - Administration of Justice Act 1970, Protection from Harassment Act 1997, and Communications Act 2003. If you continue to harass me by telephone I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine

I look forward to hearing from you within the statutory time limit.

 

Yours faithfully

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to alicat....if the deposit was taken off the insurances then this makes the agreement null and void godebt know this...send them this and lets see what happens

Xx

Xx

Date

Agreement number

Dear sir/madam

I do not acknowledge any debt to your company

after having my agreement from DAF looked at I can now confirm the following

I HAVE NO INTENTION OF MAKING ANY PAYMENT ON THIS ACCOUNT. I REQUIRE GoDebt TO EITHER CLOSE DOWN THIS ACCOUNT OR ISSUE AN N1 county court claim

 

I will now explain why the agreement is unenforceable, might I also suggest yourselves running it past a solicitor qualified in the consumer credit act and regulations.

 

When the agreement was taken out, I was informed that I had to take out payment protection insurance to cover the creditor if I was unable to make repayments, and also for GAP insurance.( if you didnt take out ppi cross out but include gap insurance)

 

Now this constitutes a charge for credit as it has been included in the amount of credit.

 

As the amount of credit has been misstated, the agreement cannot be enforced, as the amount of credit is a prescribed term, a court is prohibited from enforcing the agreement.

 

For clarity may I suggest you study s.127 (3) of the consumer credit act 1974?

 

The agreement in the way it is laid out falls well short on a compliant agreement.

 

For your reference both the payment protection insurance and GAP insurance needs to be included in total charge for credit and not the amount of credit

.

As the agreement is in two parts, the conditional sale and credit agreement, as they have been linked, the true cost of the vehicle has been overstated. This puts the debtor at a disadvantage should he/she wish to do a voluntary termination on the vehicle.

 

I now draw your attention again to the meaning of amount of credit.

 

This is the difference between the cash price of the vehicle and any advance deposit.

 

Might I suggest you look at s.9 (4) of the consumer credit act 1974 for clarity?

 

Now as the price of the deposit was added to the insurance and not the credit agreement (car)

 

The cost of finance to the debtor has increased in the conditional sale agreement (car finance)

 

I WILL NOW EXPLAIN IN CRYSTAL CLEAR ENGLISH

 

1/ ANY DEPOSIT HAS BEEN ADDED TO THE CREDIT AGREEMENT/INSURANCE AND NOT FOR WHAT IT WAS INTENDED FOR.

THAT WOULD BE THE CONDITIONAL SALE PART OF THE AGREEMENT

 

2/ THE DEPOSIT HAS BEEN ADDED TO THE AMOUNT OF CREDIT ON THE INSURANCE

 

3/ BY DOING THIS, THE TOTAL FIGURE REPAYABLE ON THE CONDITIONAL SALE AGREEMENT HAS BEEN MISSTATED, PUTTING THE DEBTOR AT A DISADVANTAGE IF HE/SHE WISHES TO DO A VOLUNTARY TERMINATION.

 

IN SIMPLE SPEAK

 

THE TOTAL CHARGE FOR CREDIT AND AMOUNT OF CREDIT HAS BEEN MISSTATED.

 

May I suggest looking at s.90 of the consumer credit act on termination and payments of a third?

 

THIS ALSO IS PREJUDICIAL IN THE ANNUAL PERCENTAGE RATE WHICH TO WILL BE MISSTATED AND BEING A PRESCRIBED TERM, MAKES THE AGREEMENT UNENFORCEABLE.

 

Please do not insult my intelligence by stating its In the terms and conditions which I signed and agreed to. That is unless you consider a contractual agreement is binding and the consumer credit act is not.

 

 

I require a final response as to either issue an N1 claim and allow me to enter a defence or close down this account.

 

 

yours faithfully

xxxxx

 

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right in that case your agreement is unenforceable and godebt know this...dont worry we will get rid of them for you...send them the sod off letter stating you are not paying them them another halfpenny....can you tell me when you last paid anything on this account

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  • 1 month later...

Dont GoDebt ever give up?

 

Ater getting a deed of release from them on 13th of August i thought it was all over.

 

Whilst collecting my kids from my ex partners house this weekend she hands me a letter from godebt, a statement, stating that as of 1st october my balance is £6544.10.

 

Makes me wonder if they will start chasing me for money at her address now?

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  • 2 weeks later...

As regards the debt to Dell - what information have they sent you.

 

Copy credit agreement?

 

Which company was the finance with? - and how much is oustanding/when did u make the last payment?

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  • 6 months later...

hi shiflty nice to hear from you agian..i wouldnt worry too much you have a deed of release from them report em to the oft and everyone else you can think of...if they do chase it too court again..stephensons if i remember correctly got you the release deed...would be more than happy to take their money...

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  • 6 months later...
  • 1 year later...

A year on and nothing changes I think.

 

I just received a letter from GoDebt informing me I am registered on the electoral register and I should contact them right away. Didn't say what about though, but it was in my best interests.

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  • 4 weeks later...

Hi all,

 

So yesterday I opened a rather well padded envelope from someone in Cardiff. Yep, you guessed it - GoDebt. Inside was a claim for £1,200 more than the original defaulted balance - which goes stature barred very, very shortly. I have already disputed the 'penalties' in my original conversation with them nearly two years ago.

 

Also inside were three sheets of paper. One was a leaflet on how they could help me come to some arrangement if only I would call them - they would be sympathetic to my circumstances. One was a incomings/outgoings form and the last was a sheet asking for my preferred method of contact.

 

Is this GD just looking to be seen to be doing the right thing now but still demanding 'penalties' for default over 5 years ago?

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