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Just realised I had this in the wrong thread so will breifly explain what has happened in the hope that someone can advise me as to what to do next:

 

I had a threatening letter from Link saying they would take legal action if I didn't reply. I responded with the 'M' letter last week asking them to prove it. Today I received this back from them:

 

 

We write with reference to the above and your letter of 4th November 2008 and apologise for the delay in replying (I actually sent it recorded on 2nd Dec but forgot to change the date)

 

We note you state that you have no knowledge of this debt. The above numbered agreement relates to a credit agreement dated October 2000 for the installation of central heating, in the joint names of your former husband and yourself. the debt having been legally assigned to us. We confirm that this matter is not statute barred.

 

We trust this information helps to clarify matters and request that you contact the above number to confirm that you now accept liability in this matter.

 

 

To me, this letter is not proof just their word that the debt is owed. We did have new central heating put in but I have nothing relating to this anymore. I honestly do not know if it was paid off or not - as far as I am concerned it was paid by dd every month until it was paid and I know I haven't cancelled any. There is obviously no payments now and I do not have any statements past two years.

 

What do I do? and sorry its so long

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if you know who installed the heating send them a sar for all the relevant info

PGH7447

 

 

Getting There Slowly

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Advice is given freely but is in no way meant to be taken as Gospel:-)

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I think I may have the name from when Link tried this on last year - they phoned me and I said I had no knowledge then and asked for paperwork. Will check the letter and hopefully I can google the name for an address

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why not, if it is covered by a credit agreement

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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If you send a cca request , be careful of the dca using the £1 as a token payment , therby putting the issue of it being statute barred in question. If you do send one , make it really clear what the payment is for .. take photocopies etc , note the postal order number . You must use a postal order, not a cheque etc ..that way the only way they know whose payment it is , is by the accompanying cca request . Therby an acknowledgement they read it and know what the £1 is for . You send a cheque and they can say we didnt get any letter. Same applies for the SAR too i guess.

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My sister reminded me of this little fact when I was talking to her about it - my ex-husband agreed to pay any outstanding joint debts we had as part of the divorce as he was working and I am not.

 

Does this letter sound ok to anyone?

 

Dear James Hopkins

 

RE agreement no:

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY YOU REPRESENT.

 

Further to your letter dated 2nd December 2008 you state the details of the alleged debt. A letter of this kind does not constitute proof of any alleged debt.

 

Furthermore, as part of divorce proceedings Mr XXX agreed to pay any outstanding debts in our joint names. He can be contacted on XXXXXXX.

 

I trust I will receive no further communication from you regarding the above matter and that you will communicate with Mr X with further information.

 

Yours sincerely

 

 

Any suggestions on making this look more legal?

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Wait a minute, did they send you a copy of the agreement or just a number stating this was the agreement reference number, if the later then they have not fulfilled the cca request

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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so until they provide the agreement they are stuffed, tell em nowt

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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Just a quick question - what does a dca have to provide as proof of debt and that its not statute barred in responce to the 'm' letter?

 

That within the last 6 years you have neither paid nor made a written acknowledgment of the debt

PGH7447

 

 

Getting There Slowly

---------

 

Advice is given freely but is in no way meant to be taken as Gospel:-)

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:mad:Today I have received a letter from link enclosing the agreement, default notice (although it does not say who from) and statements - will attach to see if someone can advice. The statements start ok but not sure what the charges are and also the last questioned payments where not made by me. The default dates when I moved addresses so its possible I didn't receive it. Also its a joint loan so why aren't they also chasing my ex?

link2.pdf

link3.pdf

default.pdf

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