Asset Link-Asset Link Capital after 2 years again aaahhh

[sharmal]

Please excuse me if any of the questions I am gooing to ask have been asked before.

 

Just looking for validation before I take on these lovely people once more.

 

I had a lettter from Asset in October or November 2006, plus three or four phonecalls every day about a defaulted debt ith GE Money.

 

I followed the advice on here and sent the £1.00 fee and request for the credit agreement. Which I never received. Never heard from them again until last year. Told them I was still waiting for the above and then did not hear again until last week. Told them again the above and they said they would get something in the post.

 

Yesterday a week after taking the phone call,, I got a letter which says:

 

Dated 14 January

 

SALE OF YOUR DEBT

 

Vehicle Description: xxxxxxxxxxxxxx

Vehicle Registration: xxxxxxxxxxxxxx

 

We, Asset Link Capital (no1) Linimted ("ALC"), hereby give notice or intimation that effective from 16 Octover 2006 GE Capital Bank Limited (t?a) GE Woodchester)assigned tous the benefit of the debt that you owe to them under an agreement with the reference number set out above("your debt"). We have appointed Link Financial Limited ("Link Financial") to administer and revcover your Debt on our behalf.

 

Point here is that I actually had a letter from Lowell originally saying that they were going to collect the debt and I did ignore them.

 

I phoned GE Money and the only thing that they would tell me at the time was that the account was defaulted and been passed on but they could not tell me who. I had missed two payments aI think and they would not let me catch up.

 

Cont

 

As a result of this assignment your debt is now owed to us, ALC and any payments should be made to "Asset Link Capital (No1) Limited", ath the address above. Please ensure that you quote the reference number xxxxx when remitting payment. (over my dead body) No further payments should be made to GE Capital Bank or GE Woodchester and any payment made by you to them will take signigecantly longer to process on to your account. During such time aditional recovery action may be taken by us.

 

THE TOTAL LIABILITY OUTSTANDING IS 37,950.69. tHE CAR was only £4000 to start with.

 

They go on to say

 

If we do not receive full payment of the debt and all contractual interest due under the contract within the following 15 days we may choose to pass your account to a Debt Collection Agency (I thought that was what they were) or a Solicitor, without further reference to yourself.

 

We may take Legal Action against you to :

either RECOVER THE VEHICLE for sale at AUCTION (when you will be liable to pay the shortfall) - theres goes my job.

 

recover the full balance by enforcement of a JUDGEMENT on an ASSETT or PROPERTY yuou may own. House is in my husbands name and the mortgage.

 

instruct BALIFFS to seize goods up to the value of the debt.

 

If we issue legal proceedings againdt you we will charge you an administration fee, which will be added to the balance of your account and you will be liable for any recoverable costs incurred,

 

 

Please contat an Account Officer at Link Financial on

Edited January 22, 2009 by sharmal

[42man]

Dear Sirs,

 

I write in response to your letter dated XXXXX

 

Your letter is incorrect and frivolous, you are fully aware of legally valid reasons why no payment has been made on this account, namely that the agreement which underpins this account has not been supplied despite a perfectly valid request and furthermore, it is suggested that notwithstanding the failure to supply a copy, the agreement itself is improperly executed, devoid of all prescribed terms and deficient in respect of detail relating to APR, total charge for credit and statements of rights ,remedies and protections as required by schedules 1,2 and 6 Consumer Credit Agreements Regulations 1983

 

Therefore the agreement as outlined in section 65 (1) Consumer Credit Act must be laid before the court to be granted an enforcement order before any further action can be taken

 

It is my view that the court would not grant such an order due to the deficiencies that I have outlined within the agreement, further more this has already been raised with (original creditor/previous DCA) yet the absence of any documents disproving my points itself speaks volumes

 

Therefore, I would indeed welcome the opportunity to place this before the court. furthermore should you proceed with the threats to issue a court claim I will make an immediate application to have it set aside for the grounds outlined above, also I shall refer the judge to this letter when the matter of costs falls due

 

 

I trust this outlines my position clearly enough for you

[hillards]

Full of the usual clues - words like MAY and COULD, not WILL

...RECOVER THE VEHICLE for sale...instruct BALIFFS to seize goods up to the value of the debt.

They CANNOT instruct bailiffs, only a court can do that, and they've not taken that path yet. They cannot just take a vehicle, consider it theft if they even try.

 

If you did a CCA in the past then you should now tell these monkeys that you are 'bemused' as to why they should contact you when the matter is already in dispute... Here's a letter to modify http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/175840-halifax-problem.html#post1900426 - or do as 42man suggests in the post above...

[sharmal]

Wow thanks for being so quick to answer. Are they likely to take court. I dont mind if they do and I can win. Anyway will get this off in the post today and have it signed for as well. Hopefully this will be an end to this. Will keep posted to the outcome. Thanks 42 man.

[sharmal]

Could I send both of the letters off

[hillards]

Could I send both of the letters off

One of the other, but it would confuse the issue if you did both.

 

They could assume you don't really know what you are doing, and try to discredit you... Don't give them the ammo, I think the one from 42man is the punchiest in this case.

[sharmal]

I sent the letter as suggested, to be signed for and have not heard a thing from these people apart from a call on my mobile sking for me to contact them as it would be in my best interest. I have not called them and do not know what to do now. I dont want to ignore this for another two years just for them to start hasselling me again, any advice.

[sharmal]

I replied with the letter that it was incorrect nd frivolos. Still have not received anything in writting but did get a couple of calls and advised would not discuss anything over the phone. Last call was this morning. Hello is that Sharon Emsden "Speaking" this is so and so from Link could you confirm your address and postcode please. "Goodbye" and hung up.

I asked them to send me a copy of the agreement that meant that they could take on this debt and have not received anything from them except threats and phone calls. ~Should I now ask them for a SAR to get everything they have on me with the intention of counter-claiming. They have not produced anything to prove that they actually have this account, and after a year of not hearing from them I had a clear out of paperwork and threw alot away.

 

Does anyone hae any suggestions as to my next course of action

[cerberusalert]

Have you made a complaint to Trading Standards and the OFT?

[sharmal]

No I will write to them tomorrow when I finish work. But what will they do?

Edited March 12, 2009 by sharmal
Spelling mistake

[the_shadow]

I replied with the letter that it was incorrect nd frivolos. Still have not received anything in writting but did get a couple of calls and advised would not discuss anything over the phone. Last call was this morning. Hello is that Sharmal "Speaking" this is so and so from Link could you confirm your address and postcode please. "Goodbye" and hung up.

I asked them to send me a copy of the agreement that meant that they could take on this debt and have not received anything from them except threats and phone calls. ~Should I now ask them for a SAR to get everything they have on me with the intention of counter-claiming. They have not produced anything to prove that they actually have this account, and after a year of not hearing from them I had a clear out of paperwork and threw alot away.

 

Does anyone hae any suggestions as to my next course of action

 

If this is your real name, please take it out of the post above

[cerberusalert]

The OFT are beginning to take cases like this seriously and they have the power to fine them heavily.