Link threats of car repo on sold GE agreement

[sasher01]

My daughter ended up in a realtionship with lazy good for nothing no hoper,

the sort who was more interested sat on his lazy backside rather than working for a living.

 

He used to work until I paid a deposit on a rented property and she got her benefits, child support etc.

then he had visions of being a kept man.

She got wise to him and slung him out despite having one child and expecting another in July.

 

while he was around he decided that they needed to change her car,

a Ford Focus which she owned outright because it only had two doors

and four would be better for getting children and gear in and out.

They traded in the Focus and came home with an Astra which he signed the finance agreement in his name with GE.

 

My daughter was the one who ended up paying the deposit with her own car

and has made every payment since except one which he paid.

 

He did make a lump sum payment of £300 but because she threw him out that week

he complained to his bank that the payment wasn't made by him so they got the payment back.

 

As far as she can remember she is not aware of a NOA from GE stating that Link were now dealing with the debt.

 

Obviously my daughter struggled to keep the payments up to date

and she didn't let us know of the problems so we could attempt to help out.

 

This resulted in the debt being taken on by Link Financial.

 

When she phoned them yesterday to enquire how much was outstanding,

she expected about £900 and was told that it is in fact £1200 because he got the payment returned.

She was also informed that they are in the process of drawing up Court papers to reposess the car.

 

They did give their usual bullcrap about the Court would be looking for about £89.25 per month.

I told her that is crap as the Court would expect what you could afford, it's Link who want that much.

 

The £89.25 per month was the monthly payment before Link got involved.

They stated they could not come to an agreement now as the papers are being drawn up.

 

All correspondence from Link still goes to my daughters house about the car

as he has avoided all his responsibilities such as providing for his daughter,

paying his finance agreements etc.

 

Question:

My daughter uses the car every day to transport her daughter to playgroup etc,

she has made 99.9% of the payments towards the car as well as struggle

to pay her household bills while he sits on his arse at his Mummys.

 

It would be very unfair for her to have the car reposessed

and he gets away scot free so what can she now do to keep the car

and make Link get the rest of the money off him?

Edited April 7, 2009 by sasher01

[PGH7447]

how much has she paid back if I remeber rightly if she has paid more than 2/3rds they cant reposses anyway

[emmaf01]

There is nothing which can be done unless it is done legally through child maintenance or through the court.

 

Either your daughter's ex pays or not- his choice and officially it is his car if he signed and it is in his name. He allows use of it to his ex.

 

Without knowing whether he chooses to pay for his car, the fact your daughter pays for a car not in her name is her choice. And if Link are talking to someone other than the named car owner, they are breaching the DPA.

[sasher01]

I think she's about £200 short of two thirds, had the lazy git not got his £300 payment back then she would have paid over two thirds back.

[sasher01]

There is nothing which can be done unless it is done legally through child maintenance or through the court.

 

Either your daughter's ex pays or not- his choice and officially it is his car if he signed and it is in his name. He allows use of it to his ex.

 

Without knowing whether he chooses to pay for his car, the fact your daughter pays for a car not in her name is her choice. And if Link are talking to someone other than the named car owner, they are breaching the DPA.

 

She uses the car because he couldn't drive and he sent them permission to discuss the account with her because he was bloody useless and incompetent to deal with them.

[PGH7447]

I take it she dosent use the car for work

[sasher01]

Nope she doesn't work at present, next baby due in July.

[PGH7447]

I can olny suggest that you either go to the CAB, or embarrass the supposed family provider into doing the right thing

 

sorry

[42man]

I think she should also make an agreement request......if she didn't sign it then she can't be held liable....

[diamondgirl]

If you must write to Link do not sign the letter, print name, type it, but do not sign it. You should always say everything has to be in writing don't speak to them on the phone they will say anything to get money out of you.

These people can scan things so never sign it. DG

[sasher01]

My daughter was in a relationship with a guy. He purchased a car on a finance agreement with GE Capital as sole signatory (by that I mean my daughter was not part of this agreement). As he couldn't drive my daughters name was on the log book for road tax, insurance purposes. This as far as Link are concerned seems to be their reason why she is responsible for the debt as well as the partner.

 

After a while they split up and she kept the car, unfortunately he stopped making the payments and she couldn't afford to keep them going. The account got taken over by Link Financial who went for reposession. My daughter contacted them and said that she would surrender the car but she refused to sign their statement stating that she would be responsible for any monies owed once the car was auctioned. She wrote her own statement stating that any monies owed would be the sole responsibility of her ex partner who signed into the agreement with GE Capital.

 

She has just had a letter from Link informing her that the car has been sold and there is still an amount owing. They give her 7 days to contact them to make arrangements to clear this sum otherwise they will apply to the Court for a default Judgment.

 

These prats obviously have a problem understanding plain English, she has previously informed them that she has never been a customer of theirs, that she has never signed any agreements with them or GE Captial for the car yet they still harrass and threaten her. The morons have even sent a copy of the finance agreement which clearly shows she is not a signatory to it, her name is not even on it.

 

What is the best move to make these morons understand they need to back off and chase the ex partner for his own finance agreement?

[clemma]

Either ask them to prove it, or get her to send a CCA request - obviously, this would show she is not responsible for the debt

 

The two letters to chose from:

 

Dear Sir/Madam,

 

Reference no: 00000000000

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully,

 

OR, the CCA request one (enclose a £1 postal order and send it all off recorded delivery - get her to PRINT not sign her name)

 

DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

 

Dear Sir/Madam

 

Re: Account no: xxxxxxxx

 

This letter is a formal request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

 

 

Yours etc

 

Also, as she is not responsible for this, complain to the OFT, ICO and Trading Standards......DCA's are forever chasing the wrong people in the hope that they will pay up!

[clemma]

Just noticed she has a copy of the agreement from them - tell them to go forth and multiply instead! Never phone these people, but write to them stating that she is not responsible for this debt. If they wish to commence court proceedings, then go ahead, otherwise no further correspondance will be entered into.

 

Or, send the prove it letter........maybe add in to it that she is in possession of the CCA kindly produced by link which already shows she has no liability for the amount owed. If, however, they possess proof that she does indeed owe the money, then could then forward the information on to her!

 

Sorry this is all over the place - is a bit early for me

 

Oh, and definitely complain - telling the OFT, ICO and trading standards about the CCA and that she is being chased for a debt that is not hers. Put a complaint into the FOS too.

[angry cat]

Report them to Consumer Direct and;

The Office of Fair Trading!

 

DECEPTIVE AND/OR UNFAIR METHODS

 

2.7 Dealings with debtors are not to be deceitful and/or unfair.

 

2.8 Examples of unfair practices are as follows:

 

a. sending demands for payment to an individual when it is uncertain that they are the debtor in question, e.g. threatening debt recovery action to 'the occupier' or sending a payment demand to all people sharing the same name/date of birth as a debtor in the hope that contact with the correct debtor will be made.

 

b. disclosing debt details to an individual when it is uncertain that they are the debtor in question etc...

 

i. failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possible resulting in debtors being wrongly pursued.

 

k. not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

Please REPORT Link Financial, their Bad Business Practices must Cease!

 

AC

[sasher01]

Many, many thanks to you both for your help and advice. I'll get some form of go forth letter sent to them.

[diamondgirl]

Make sure you include a note stating all communication must be writing.

 

Dont let your daughter sign in her usual way type it out in itallics or just put her initials something like that.

 

The are utter morons and I can think of strong words than that but it if put them on here someone would edit them out. They are absolute and utter rubbish and are the most useless load of plonkers I've come across.

 

Never ever speak to them. If you get constant telephone calls send the telephone harrassment letter (if they haven't started yet they soon will do.)

 

DG