Me & my Debts - Haydon DMP since 2001- they charge a £20PCM fee from my <£40 payment - CCA time? In Scotland too!

[blueda]

No updates so far underdog, thanks.

[underdog13]

Thanks, Blueda. Fingers crossed for you that they maintain 'radio silence'

[blueda]

Received a letter from Link recently as follows

Your debt was sold to Link Financial Limited effective from 2001 Although Link Financial is entitled to immediate repayment of £1,6**.**, We write now to give you the opportunity to clear this debt by monthly instalments of £8*.** per month by way of a direct debit mandate.

[batman1956]

We need to see what they think is an enforceable agreement. Have you checked your credit file to see if it shows on there? When was the last acknowledgement of the alleged debt?

[seriously fed up]

True enough Batman, but really does today's letter alter anything much? They havent sent a new document or anything. Perhaps the key thing here is that you havent paid anything toward this account since December 2007, which means that in about eight months this account will be statute barred (note to English colleagues, Blueda is in Scotland where statute barred is five not six years) and so after that they will get the square root of hee haw.

I would either ignore it, or send them another copy of your last rebuttal of their claim.

[blueda]

Thanks batman and seriusly fed up, i intend to ignore them for now.

[blueda]

I received a letter from Cabot today as follows

Repaying your account

Weve tried to contact you on several occasions and its now vital that you contact Cabot urgently to discuss your account. You currently owe £2442.**

IF WE DO NOT HEAR FROM YOU

If you dont contact us we will have to move your account to the next stage of our collection process.

Contacting Cabot

The most important thing for you to do now is to get in touch with us urgently to prevent further action being taken. Call 0845 0700 116 and one of our helpful customer advisors will discuss the options for repaying your account.

Our aim is to help customers get their accounts cleared - so do contact us immediately

yours sincerely Customer Liaison Manager.

Should i send them an account in dispute letter reminder, all advice welcome folks.

[blueda]

Any Advice ?.

[IdaInFife]

Yes i would send it as a reminder to keep you paperwork in check

[fightingback99]

My OH's got a similar situation with Cabot. OH sent a letter saying this was a Final Response. Until such time as a valid copy of agreement was supplied no further correspondence would be be made by OH. Any further generic letters received would be filed but not responded to. That was a few years ago, and OH hasn't responded since.

 

During the past few years they've had periods of silence, then restarted the persistant calls, and more generic letters . Passed it to a new associate company, who also sent letters, and phoned a few times. More silence , then must have been returned to Cabot, who've just restarted calling again.

 

Fortunately a Truecall machine blocks all their numerous autodial numbers.

[blueda]

Thanks Ida and fightingback, i am goint to send Cabot a letter reminding them the account is in dispute.

[blueda]

I sent the letter to Cabot over 2 weeks ago reminding them that the account is in dispute, they have since tried to get me on the phone, but so far no written reply.

[blueda]

I received a response from Cabot this morning as follows

I understand you have made a request for a copy of your credit agreement with Barclaycard ( formerly Goldfish Bank Limited) the original lender pusuant to section 77/78 of the consumer credit Act 1974 and you are still waiting for the same.

Cabot credit management ( formerly the Cabot financial group) ( Cabot) purchased your debt from Barclaycard on ** ****** 2008.

We have requested the relevent information from Barclaycard, however we have been informed that they are unable to provide the required information.

Therefore, i can confirm that Cabot have taken the decision to no longer pursue collection of this account. Please note that this decision is not to be confused or or interpreted as a write off of the outstanding balance on your account as the debt legally remains.

I did have a Barclaycard debt years ago which i made regular payments to direct through a debt management company, Barclaycard never sold the debt and through debt management i paid an agreed sum as full and final payment on 2008, for which i have the letter of confirmation from Barclaycard and i never had a Goldfish account.

[IdaInFife]

I believe you know have traced the account.

 

How long has it been since you made a payment to this account now Blue?

[blueda]

I have now traced the account, sent for CCA and stopped paying December 2008.

[IdaInFife]

Ok well the ball is now in your court Keep that letter locked away.

 

Now you know they don't have a cca, in some way yes they are correct that the debt still exists but they are tied as into what they can do to enforce it.

 

I am sure you have read threads like Monty's and RFCfan over the last year or two or maybe more where they were taken to court and won as no agreement as up here they have to aver to the agreement when issuing court action but it is not 100% straight forward as it is a judge lottery.

 

If you were in a position too, this could get you a good reduce full and final to close the door on it or watch the clock ticking

[blueda]

Thanks Ida, im not in a financial position to offer full and final settlement just now.

[blueda]

i recently checked my credit report batman and it is clear and satisfactory.

[blueda]

Hi Folks, received a letter from Link financial today as follows

 

NOTIFICATION OF ACCOUNT TRANSFER TO AGENT

 

You have faied to reach an agreement with us regarding payment of this current outstanding debt.

 

Unless you contact us within the course of the next 7 days, we will instruct Instant Silver to take over the management of this account.

 

If you wish to prevent this, please contact us on 0800 *** ****.

 

We are able to take your call Monday Thursday 8 AM to 8.30 PM. Friday 8 AM to 5 PM and Saturday 9 AM- 6 PM.

 

No doubt this will be given your urgent attention.

 

I am going to send them a reminder that this account is in dispute, anyone heard of Instant Silver ?

[IdaInFife]

Not me......I would ignore until you hear from anyone else and sent the dispute letter then ......like the rest lol

 

 

Is this not sb now?

[batman1956]

Instant Silver are Link by another name as are Link Financial Outsourcing and Thesis Servicing amongst others. I am sure that others will post their other alias'

 

It is now Statute barred as you are in Scotland so I would bear that in mind for if they get serious.

[blueda]

Thanks Ida and batman, i have checked back on this thread and the account does not become statute barred until early May 2014 as i was continuing to pay them through debt management until May 2009 although challenging their right to collect since january 2009. interested to find out that Instant silver is Link, so it is a scare tactic being used as they can no longer call me as i cancelled the phone late last year.

[IdaInFife]

Yes i think it is

 

 

And i can see you quivering in your sandals

[blueda]

Received a letter from INSTANT SILVER today as follows

Dear *****

You currently owe Link Financial £1,6** .

We know that being in debt can be verry stressful, with to many:

Telephone calls

Agent visits

Collection letters

AT INSTANT SILVER WE WANT TO GIVE YOU THE OPPORTUNITY TO CHANGE THAT.

We will set you up with a repayment schedule that will give you an upfront discount of 25% of the current balance,

a single monthly payment and 0% interest.

Even better you will receive NO calls, NO collection letters,NO visits from today.

Your balance £1,6** Discount £40* New balance £1,2** New monthly payment £2* Term 48

We are not going to call to sell this offer, as we think it sells itself,

an easy way to get debt free and one less company to deal with.

Simply complete the direct debit form or standing order indicating if you wish to paying weekly or monthly and we will take £40*.** from the sum you owe.

If you would like to ask us a question or want any more information in relation to this offer contact one of the team on freephone 0800

or write to the address above.

Should you simply want to accept the offer complete the enclosed payment instructions and return to us within the next 15 days.

Instantsilver.

I am planning to send a letter to Instantsilver reminding them that the account is in dispute, any advice from fellow cagers is as always welcome.

[dx100uk]

discount letter

proves there is something very very wrong with the debt

 

pers i'd ignore them

 

dx