GE Woodchester Car Finance loan to Link Outsourcing

[Spamalot]

Hi Beachy .. Me again

 

Here is a post about assignments by PT.. It's a bit complicated but it gives all the case laws....

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-1274894.html

 

I searched the Public register for Link Financial but with the limited details available, I'm not going to say this a concrete result, but, it would appear that they do not hold a credit licence which would mean that they are probably just DCA's and 'collecting' on the account... It's also likely, if this is the case that their wording of the letter they sent you is very misleading and you may have cause for complaint at a later date..

 

Hopefully Nicklea will look in and give you a more 'expert opinion'

 

 

Bye for now,

 

Spam.

[pompeyfaith]

IF the agreement is enforceable then the ppi with interest is more than the standing ballance.

 

If this is the case Beachy I would let them take me to court then counter-claim for the PPI.

 

It appears that they are not responding to your letters so just play it there way so long as your mis-selling reasons are good ones.

 

So ignore there letters until you get the N1 FORM though the post then counter-claim on it for the PPI.

 

Regards

 

PF

[alanalana]

Mornin Pompey/aa

 

Latest threat from LINK (dont waste time do they !)

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/209349-woodchester-now-santander-2.html#post2336823

 

 

The word Scavenging bird beginning with V comes to mind.

 

Beachy have you been onto the debt forum ?

 

Debt Collection Industry

 

forgive me if I have already posted this, I just do not have the time to refer back to all my posts in all threads.

 

They will have a lot of info there on dca activities. I personally tend to totally ignore anything from dcas. No acknowlegement of letters etc. I have softly softly letters, followed by we will take you to court and make you bankrupt letters followed by if we can help you in any way letters. They have all been ignored as no debt is acknowledged.

[beachcomber60]

Thanks for that Spam, on their letterhead it states that they are licenced under the Consumer Credit Act.

 

Another 'with held' call from them at 8:02 - Hi Jimmy (NO one calls me Jimmy!) its Nick could you call me back on 020... Call zapped the MUPPET!

 

Beachy

[N.P]

In short - they wont entertain reclaim of ppi based on them not being regulated at the time of the loan as taken out.

 

At least theres no post on Sundays !

 

Beachy

 

 

 

Just a thought, wouldn`t the Financial Services Authority (FSA) regulate their selling at the time of the loan via the Financial Services and Markets Act 2000?

[beachcomber60]

Just a thought, wouldn`t the Financial Services Authority (FSA) regulate their selling at the time of the loan via the Financial Services and Markets Act 2000?

 

Evenin' NP,

 

The only 'authority' to complain to is the FLA which was GE's trade association and I have it on good authority that they are as much good as a chocolate fire guard.

 

Woodchester is now owned by Santander & they have sold the debt to Link how are coming after me with a pitch fork & threatening all sorts.

[N.P]

Beachy,

 

You will find they all come on strong at times. It`s there way of bullying and intimidating you into payment.

 

The best thing you can do is tell them you have explained your concerns and stand by them, if they have anything else to say you are quite happy to hear it in front of a judge.

 

I`ve had all sorts of `scary` letters including a Statutory Demand Notice, which I have heard nothing of since.

 

Perhaps you could gather your documention together and issue them with a court claim for the PPI?

 

You never know, they might just pay up or cut you a deal.

 

Whatever happens, someone will always be helping you along the way on here

 

Watching with interest.

 

 

 

N.P

[beachcomber60]

Beachy,

 

You will find they all come on strong at times. It`s there way of bullying and intimidating you into payment.

 

The best thing you can do is tell them you have explained your concerns and stand by them, if they have anything else to say you are quite happy to hear it in front of a judge.

 

I`ve had all sorts of `scary` letters including a Statutory Demand Notice, which I have heard nothing of since.

 

Perhaps you could gather your documention together and issue them with a court claim for the PPI?

 

You never know, they might just pay up or cut you a deal.

 

Whatever happens, someone will always be helping you along the way on here

 

Watching with interest.

 

 

 

N.P

 

Thanks,

 

Couldnt go into much detail earlier as I was using my iphone and dits not easy posting up when using a little keypad.

 

I raed somewhere that if an agreement is naf then you cannot claim money back on that agreement (cant have it both ways) which is why I put the ppi reclaim on the back burn. On the strength of PT's findings they were told that no more payment were going to be made on the agreement and the balance should be zero'd. Although after saying that if its completely naf then I would have thought it would be possible to claim back the interest paid on the agreement and the ppi (complete novice at agreements).

 

All quiet until Santander took them over and then all hell broke loose, first there was CodeRED dca on my back - they were easy to despatch then although its in dispute over the agreement & ppi Santander sold it onto Asset Link, this is were the threats are coming from at the moment, I have been advise not to acknowledge any correspondence from them and to deal only with Santander.

 

I knew it wasn't going to be an easy ride with this but its turned out the oposite way to what PT thought (expected a letter from Wragge & Co which PT said would be easy to deal with).

 

Have recently PM'd PT for his advice but to no avail.

 

Beachy

[pompeyfaith]

Beachy,

 

PT is a very busy man dealing with cases and thats one of the reasons you get no response from him on the PM.

 

Only thing i can suggest is if you hit the red triangle and request a moderators help there.

 

Regards

 

PF

[beachcomber60]

Thanks PF,

 

Steven has asked for link.

 

Beachy

[pompeyfaith]

There you go pleasure my friend.

 

PF

[alanalana]

PT is a quality legal mind. Very busy but always a great help. Steven is also highly switched on to legal issues. you will be in good hands.

 

aa

[pompeyfaith]

Indeed the help he gave me was spot on and ill always be grateful for that.

 

PF

[steven4064]

The Law of Property Act 1925 say that a Notice of Assignment has to be sent recorded delivery - these days that is intepreted as being by Special Delivery. Second class post just will not do

[andrew1]

I'd take a read on this too beachcomber, you might recognise one or two aspects of their behaviour which does not comply, like sending big yellow envelopes with CREDIT ACTIVE on, it's psychological harassment.

 

[ATTACH]11531[/ATTACH]

[Fester Tester]

I think that you need to concentrate on a couple of things cos I would personally be unhappy rellying on a dody DN if this went to court. To comply, all they really need to do is do it properly then you are stuffed.

 

The agreement is unenforcable without question. Normally I am not too happy about the s18 argument and I am learning more about this for my own purposes, but the other areas make this academical. The fact that there are apparently £30 charges acrruing would make the defaulted amount wrong too so assignment would be innefective in any case.

[angry cat]

Link Financial do hold a Consumer Credit Licence;

but the OFT have just recently imposed requirements upon them!

Asset Link are part of the Link Group.

 

I note that there are an awful lot of "We MAY" in that letter.

[angry cat]

The Consumer Protection from Unfair Trading Regulations 2008

 

These new consumer protection rules came into force in May 2008. They are designed to stop traders acting unfairly including the use of what the rules call ‘aggressive commercial practices’. These rules may help you tackle harassment by your creditors because the OFT and trading standards now have the power to take enforcement action against creditors. This can lead to fines or even imprisonment if the creditor is found guilty of an offence.

 

The OFT has issued guidance on how they will take action under the rules. This includes examples such as:

 

•a debt collector pressurising you to repay a debt by contacting you at unreasonable times such as late at night or at unreasonable locations such as your workplace;

 

•a debt collector threatening you with action, such as use of bailiffs, to recover money for unenforceable debts.

If you think you may have a complaint about your creditor under these rules, contact Consumer Direct."

 

Nice one, Link have once again breached the CPUTR's:

 

"•a debt collector threatening you with action, such as use of bailiffs, to recover money for unenforceable debts."

 

There is a massive thread running about Link:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162255-link-financial-limited-45.html

 

AC

Edited August 11, 2009 by angry cat

[angry cat]

Application / Licence Details

Licence Number:0566896Licence Status:Current

Current Applicant / Licensee:

Business Name Company Registration Number

Asset Link Capital (No.1) Ltd 5322368

 

Categories:

Consumer credit

Credit brokerage

Credit reference agency

Debt adjusting/counselling

Debt collecting

 

Right To Canvass Off Trade Premises:Yes

Issued Date: 02-Mar-2005 Expiry Date: 01-Mar-2010

Legal Formation:

Body Corporate (incorporated inside UK)

 

Current Individuals that run the organisation:

Name Position

Mark Howard Filer OFFICER

Ruth Louise Thomas OFFICER

 

Historic Individuals that run the organisation:

Name Position

Adrian Cloake OFFICER

Paul Burdell OFFICER

Selina Lee Burdell OFFICER

 

Current Organisations that run the organisation:

Name Company Registration Number Position

Wilmington Trust SP Services (London) Ltd OFFICER

 

Nature of Business:

Debt Collection

 

Current Address(es):

Address Type Address

Principal Place Of Business Camelford House, 89 Albert Embankment, London, SE1 7TP

Registered Office Camelford House, 89 Albert Embankment, London, SE1 7TP."

 

There is also Asset Link Capital No. 2 & No. 3 plus the holding company.

 

Link are not dissimilar to Cabot; a tangled web thy weave!

 

AC

[angry cat]

Wilmingon Trust SP Services:

 

Securitization.Net

[beachcomber60]

From the bottom of my heart may I say a big thank you to you all for your support & guidence.

 

This has been festering away since the being of the year and I feel is coming to a climax.

 

My problem is, apart from being a negative person, is that I cant absorb into the 'memory bank' what I read today is gone tomorrow - if you know what I mean.

 

The ppi on this account (which no way will they accept it was mis sold) amounts to about 60% of the remaining balance.

 

Beachy

[beachcomber60]

Have now received a stronger worded letter from Link, basically telling me that I was served a notice under the Property Act 1925 which I must not ignore as it would be very serious.

 

I must ring Link immediately & make arrangements to pay the debt.

[angry cat]

Never speak on the telephone with a DCA, especially Link Financial!

[beachcomber60]

Thanks AC,

 

I have absolutely no intention of speaking to them by phone & True Call has stopped them ringing me.

 

Is it now time for the bemused letter, although they still using TNT second class via Royal Mail.

 

Beachy

[Spamalot]

Hi Beachy...

 

Who will you be bemused by???

 

If you have not been sent a correct notice of assignment these people don't exist so you haven't received anything!!!

 

Have no contact with them whatsoever.. only deal with OC... If Link decide to litigate you will have an enormous piece of ammo as they have not served you with a correct notice of assignment and therefore have no legal right to take the alleged debt to court.

 

Spam.