Please Advise- Link Financial Getting Stroppy!!

[CAGNewbie]

Hi all - sorry if this is wrong, I began this story in another area, so trying again here in hope that have got the right place!

 

This story begins back just before Christmas when Link sent me two letters, arriving on the same day. I had seen this site so I sent a CCA request in January (recorded delivery). In the cross-over they sent another letter re my non-contact, and then another acknowledging my letter and asking for driving licence, 6 signatures, old address, full name, date of birth...might as well have asked my to provide them with a full data file on myself, down to and including favourite colour and most embarrassing moment!!! I (thanks to wonderful people here) sent them the "not sending you my signatures" letter, again signed for delivery thing.

 

The advice I am looking for is not so much what next - will wait to see what they do first, but rather refers to the first two letters. In these it mentions defaults - I have not received any notices of these. It also asks for full payment - no mention is made of possible installments. The second letter refers to Trace Charges of 75 quid, and to default sums in another default sums notice. I have not had another default sums notice, and are they allowed to actually charge me the trace fee? And what can I do about any of this (other than CCA which is happening at present)?!

 

Please advise - am really not sure what they are allowed to do on my account and charge me for, and what they will try to do as a result of banking on my lack of knowledge!

[CAGNewbie]

whoops - forgot to attach....

 

hope that this is legible...

LINK DOCS.pdf

[42man]

Write back to them and ask them if they can give proof that the account has been terminated and state that you have not received any such default.....

[brucemcmitten]

I am very confused. Today I received a letter from Link Financial telling me that my debt from a HSBC credit cad for £2400 had been assigned to them and they want immediate payment. I have heard nothing from HSBC for some time. I have several credit card debts and 18 months ago the CCS set up a payment plan for me under which I pay £400 a month to the 7 credit card companies. I can't afford to pay all this money to Link but am very concerned about what they might do after reading some of the other posts about this company. I thought I had done the right thing setting up the payment plan and don't know what to do next. Any advice would be much appreciated.

[CAGNewbie]

Had the following from LINK turn up today (no scanner here so copying verbatim)

 

QUOTE

We acknowledge receipt of your letter dated the 27th January 2009, the contents of which have been noted.

 

Whilst we appreciate your concerns and apprehension at providing specimen signatures and confirmation of your date of birth, these are requested to protect your interests not our own. Due to the account being with a Trace Agent we have to be absolutely sure that your the (name removed) who signed the credit agreement. Upon perusal of the details in our previous letter you would know if you had indeed signed for the issue of a XXX store card, and also if the postal location at that time was familiar to you.

 

We required an official copy document which shows your signature and date of birth to resolve this matter, if nothing is received we can only assume you are the signatory on the agreement and recovery procedures will continue.

 

Please note any information sent previously, was sent before you advised us that the agreement in question was not known to you.

 

Yours

END QUOTE

 

What? So they are not giving me my CCA as won't give them signatues, but will continue and take me to court?! The account is in dispute now as the 12 + 2 days are well up now.

 

So - do I write and tell them it's in dispute? and how do I respond to the above pile of whatsit?! (politely, that is...!)

[42man]

Report them to the OFT.....this is against the guidelines...do not send them anything....

 

Section 2.8 -

j. requiring an individual to supply information to prove they are not the

debtor in question, for example, driving licences, passports, full name,

date of birth, signatures

[42man]

Send by recorded....and edit as required

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully