link financial wierd claim (new member)

[deeper]

hi all,

 

i'm new here, posting out of necessity...hope you can help me. i've been contacted by link financial about a possible outstanding dept from around 2002 to maybe late 2003, i really can't remember.

 

the item in question, was for a door i bought via a consumer credit agreement that i no longer have a copy of. i later sold the house, and the direct debits for the door stopped. (i did change bank accounts during the same period for a totally unrelated issue (business).

 

i genuinely believe that the door account was settled via the solicitor during the selling process, and this is why the direct debits stopped. but it could be possible that i overlooked everything during moving and running a business. however, i never ever recieved any demand from the door supplier once i had moved. maybe they couldn't find me?? or maybe i had paid for the door??? i really don't know the answer to this question.

 

anyway, about a year after being in the new house, i rented it out and moved overseas for 3 plus years, and have been back in the uk for about 18 months.

 

i recently recieved several letters from link out of the blue, and curiosity got the better of me and i rang them asking why they were writing to me. they suggested i wrote them a letter, to their dsisputes section. they have now written to me asking for 6 seperate sample signatures, including my driving license and passport, in order to prove i am "their client". i am reluctant to do this as it could be a fraudulent claim, but it might be genuine.

 

i'm pretty worried in case i made a complete administrative ballsup, and worried as to what sort of debt a £1200 front door could have now mounted up to.

 

i'm not up against the wall financially, but neither am i flushed. if it is proved that i do owe this money (which i dont think i do) then i have no real objection to paying what i owe. however, i really don't want to pay extortionate interest and bogus charges. also, can i settle in installements if i have to pay anything?

 

incidentally, this debt does not show up on my credit rating with either equifax nor the other main credit lisintg agency, but i never ever used the address where i bought the door as a residential address as it was an improve and move on property which i sold within 1 year of purchase.

 

what should i do? i hope you can help. thanks in advance of your suggestions.

 

kind regards,

 

deeper.

[PGH7447]

Do not send them any specimen signatures send them this instead

 

Dear Moron

 

Get Lost

 

Yours

 

Deeper

[PGH7447]

seriously, from 2002 it is probably statute barred if it exists at all

 

send them a letter stating that you know nothing about this debt and that until they provide written evidence to the contrary, do not bother me again.

[deeper]

i've thought of that, but i potentially know something about it, but the only way i can find out more is through them.

 

then i suspect they will try to &$!w me.

 

if i claim to know nothing, and then later they prove i do, wont that make things worse?

[PGH7447]

send them a cca request

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20758-creditors-dcas-letter-templates.html

 

template N

 

Costs £1 do not sign it, send a postal order, send it recorded

 

they have 12+2 days to supply the alledged agreement.

 

Do not speak on the phone everything from now on in writing

[42man]

You could possibly send this to the original creditor (a SAR - Suject Access Request)...at least by sedning this you should know exactly where you stand - unfortunately this will cost £10 (send postal orders with the letter below by recorded delivery) - they have to provide your information within 40 days...

 

Data Protection Act 1998

 

Subject Access Request

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)

 

Please supply me with all data that you hold on me. This includes in particular, but is not limited to, the following:-

 

1. The original signed, executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor

3. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with ORIGINAL CREDITOR.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charges added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

 

sign your name but put crosses through it so it can't be 'lifted'

[silverfox1961]

Do not send them any specimen signatures send them this instead

 

Dear Moron

 

Get Lost

 

Yours

 

Deeper

 

 

 

:DOh dear me, I have nothing to add to this thread but all credit to you PGH. I haven't laughed so much in weeks:D

You have a lovely way with words:)

 

 

fox

[noomill060]

If you want to make the same point, but without the dreadful ambiguity of the above letter:

 

Dear Morons,

 

Foxtrot Oscar.

 

Merry Xmo,

 

Mr Deeper

 

[deeper]

hi all, a belated thankyou for all of your replies. i sent them a cca request, and am now waiting a reply. i have a query regarding the 12+2 days. are these calendar days or working days?

 

thanks in advance,

 

deeper

[maroondevo52]

Hi, deeper.

 

It's working days.

 

I'll move this thread to the DCA Forum, let folk know how your getting on

 

Regards.

 

Scott.

[deeper]

Hi all,

 

Thanks for the advice so far. So, on friday, within the working day time limit, I received a copy of the credit agreement. It was dated 28/08/2003. It's definitely my credit agreement, but as I stated above, I considered that I had paid it off when I sold the property, although I could have been mistaken on that point, but I never ever received a letter or phonecall from the creditor or supplier to let me know that I was in any arrears. I moved house, yes, and i went overseas for almost 4 yers, but the property I moved to was rented by my sister, who passed me all my post, so I know I was not contacted by this company or any other relating to this debt, until their original contact at my now address, a rented property, which I have been in for two years.

 

Asset have enclosed a summary of charges, raising the original price by around double, and now stands at around £2600. I am not a person that does not pay his bills, and I have never deliberately not paid anything, and had I been contacted, this situation would never had got to this stage.

 

Where do I stand? How do I get out of this?

 

Hope someone can lend advice.

 

Sincerely,

 

deeper.

[cerberusalert]

What was the date the last payment was made?

 

Can you scan the CCA & post it here after you've removed identifying details?

[deeper]

hi cerebusalert,

 

I had made payments up until 26th sept 05, then there are payments returned by the bank until dec 05. This was a period when I was having a financial nightmare through the sale of a house, and got behind with several bank payments. I had considered that I had payed all of them off after the house was eventually sold, as I had about two or three household items on consumer credit.

 

I was never contacted at this point or afterwards by anyone concerning this debt. I even had a new loan for a car through GE in march 07 and they never mentioned any bad debt history.

 

I'll work on scanning this in and posting it.

 

Thanks again.

 

deeper.

[deeper]

hi again all,

 

i've attached the scans of the covering letter, (which i never received, the first correspondence i got from them was a month later), the credit agreement, and the most recent covering letter in response to my CCA request.

 

there was also attached a list of interest charges, charged to me since 2005, when the bank began bouncing my payments. my complaint here is that i was not contacted by anyone since 2005 to allow me to pay an overlooked oustanding debt.

 

all help much appreciated.

 

many thanks in advance,

 

deeper.

[deeper]

note on the above, the images ive posted seem too small to read, but any bigger and they exceed the max width requirement for attachemnts. suggestions??

[cerberusalert]

Can you repost it using something like TinyPic - Free Image Hosting, Photo Sharing & Video Hosting they are too small to read at the moment. Just copy & paste the links from tinypic onto here.

[deeper]

hi again,

 

hope this is right this time. thanks for the info on posting these.

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

hope to hear from you soon.

 

deeper.

[cerberusalert]

As I understand it the PPI should be calculated seperately to the loan, but no doubt someone more experienced will be able to give a definitive answer.

[deeper]

ok lets hope someone can post

[42man]

You might find these useful -

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/171037-multiple-agreements-falling-within.html#post1845581

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/168115-mathematicians-needed-help-credit.html

[deeper]

hi 42man,

 

thanks for posting the links. however, i'm not sure, in fact even more confused as to what significance these have. are you suggesting that the agreement is unenforceable? or that it is?

 

also, my main gripe over this whole issue, is that i was never contacted by any company to initially tell me my payments had stopped or that they were not received, or that my debt was being passed onto any agency. do they not have a legal obligation to inform me by post of these matters, which in this case would have been back in 2005. if i has reset payments, or payed in whole, at that point, when i should have been made aware, the interest would not have got so large.

 

although, if you are saying that the whole agreement may not be enforceable, then i might be able to not pay anything, which after such a long time, i feel quite happy to try.

 

thanks,

 

d

[davey77]

The Prescribed Terms should be within the signature document or any pages referred to in it. I see no Prescribed Terms on that one page 'credit agreement'.

[cerberusalert]

If your PPI was mis sold or was not set up within the agreement properly it could render the whole agreement null & void.

[deeper]

there is a small print page, do i need to post that too?

[deeper]

??? what should i do now?