Help With Link Financial and a CCA Request...

[Disaronno]

Basically I sent a CCA request on the 7th of May, Post Office tells me it was delivered on the 9th of May from the Southwark sorting office.

 

Link are claiming not to have received it and are asking for the tracking number. They're in default of the request so do I have to give them the tracking number?

 

Cheers.

[angry cat]

Did you send it to 89 Albert Embankment, or their PO Box number?

[Disaronno]

I think it was the PO Box number if memory serves me correctly.

 

Just double checked their website and they list the PO Box address for all correspondance so I'm pretty sure that's where I sent it.

Edited June 18, 2009 by Disaronno

[angry cat]

Many members wonder where the Link Financial PO Box No. Mail is re-directed to?

 

Have you checked on the Royal Mail website proof of delivery for the receiving post room operatives signature?

 

Maybe, your request was re-directed to the 'Boltons'?

 

Tell Link that, you have the Royal Mail electronic proof of delivery;

it is up to them to find your letter.

 

In future, bearing in mind the problems regarding Mail being delivered to Link.

Perhaps, it would be for the best if in future mail should be sent to;

c/o

Paul burdell

33 The Boltons

London SW1

 

AC

[Disaronno]

I did tell them I have proof of delivery and that its upto them to find out where it is. What shall I tell them when they ring again?

[alfwithhair]

Nothing, don't even speak to them.

Refuse to answer their security questions and put the phone down.

[angry cat]

You have the Royal Mail Proof of Delivery;

you have the copy of your letter.

 

In Law your Request would be, deemed served!

 

Do not take any harassment/bullying from Link Financial, they know the score...it is about time that they sorted out their re-direction of Mail!

 

Welcome to the Link Financial Fan Club

 

AC

Edited June 18, 2009 by angry cat
speling

[Disaronno]

I've told them to stop ringing and only write to me, I gave them a roasting today about them never sending me anything.

 

So next time they'll ring I'll them that they have defaulted on my request and to go fornicate with themselves

[angry cat]

If your landline provider is BT, you can opt for the 'Choose to Refuse' service, that will stop the unwanted calls!

 

You could also send a 'COPY' of your letter (unsigned) along with the proof of posring;

 

Write on it FAO Mrs J Pearcey;

received by Link Financial;

DateXXXX

 

Send this to their registered address and not their PO Box;

Camelford House, 89, Albert Embankment, London, SE1 7TP

 

AC

Edited June 18, 2009 by angry cat
addition

[Disaronno]

Its on my mobile so easy enough to ignore, I only really answer when I fancy arguing with them.

[diamondgirl]

Its on my mobile so easy enough to ignore, I only really answer when I fancy arguing with them.

 

Don't even waste your breath they are in default if it's over the 12+2. They are absolute morons, they don't deserve the time of day, they consantly lie, get everything wrong. Put everything in writing to them, always keep your copies in a file and make it a large file you'll need it by the time you've finished with them. Read all threads about the morons, put Link Financial in the search and you'll see just what sort of people you are dealing with. If you have to speak to them when they ring just say everything in writing and put the phone down or get a whistle and blow it down the phone.

 

DG:D

[Disaronno]

Yeah, I've read all I can on them, my job can be quite stressful though so it's nice to have an outlet sometimes

[Disaronno]

Infact, would people recommend sending a letter telling them that they're in default and to leave me alone?

[IdaInFife]

if they contact you you can send:

 

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**.(12+2 days after you sent the CCA request)

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 therefore request a copy of your official complaints procedure which you are obliged to supply.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,

 

along with:

 

Your Street

Town

City

Postcode

 

DATE HERE

Company Name

Road

Town

City / County

Postcode

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXXXXX

Dear Sirs

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to, FOS, OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded.

 

Yours faithfully,

 

[NAME HERE]

 

 

Ida x

[Disaronno]

Ha, they're fantastic. Thank you muchly.

[IdaInFife]

your welcome

 

ida x

[diamondgirl]

Well we've just had our second storm of the week I think if we have anymore it will blow my old mac up.

 

Ida you beat me to it.

 

Get the letter sent off asap make sure you RD or SD them, don't use your usual signature either. As this is now in dispute if you're still paying you have the right to cease payment until the account is sorted if you wish to.

 

You have found the right place for all the help you need without the forum I could never have beaten them at their own game. I'll probably hear from the at some point but at the moment since my case was struck out they've left me alone.

 

DG:)

[Disaronno]

Right, bit of an update to this. My CCA turned up this morning, seems to be all present and correct. What do I do?

[alfwithhair]

Could you post a scan of it on here (minus your personal details) so we can check if it is indeed enforceable

[Disaronno]

 

Not sure if they'll be big enough to see.

Edited July 13, 2009 by Disaronno

[Disaronno]

Anyone?

[diamondgirl]

Sorry I've not brought my specs home so I'm having a bit of difficulty reading it but I'm sure someone will be along soon.

By the way can you remove the figures at the top of page 1 as it may be possible for someone from there to identify you by that.

 

DG

[Disaronno]

Thanks, I've editted it.

 

Also here are the direct links....

 

http://i48.photobucket.com/albums/f233/J7-MAN/img003-1.jpg

http://i48.photobucket.com/albums/f233/J7-MAN/img004.jpg

 

They might be better to look at.

[IdaInFife]

it looks ok to me,

 

prescribed terms pages are linked,

 

i take it you have page 2?

 

any chance you have any missold PPI you can claim back?

 

Payment Protection Insurance (PPI) - The Consumer Forums

 

Ida x

[Disaronno]

The 2 scans are the only items sent to me along with a covering letter asking for payment by return.

 

Does it matter if they have provided the CCA as they didn't do it within the 12+2 aswell them claiming never to have received the CCA request in the first place.