GE Woodchester Car Finance loan to Link Outsourcing

[Spamalot]

Hi Beachy,

 

You're right about the default being insufficient time to remedy...is the arrears amount stated correct or have they added unlawful charges?

 

Also, have you received a termination notice or are you waiting on that?

 

Spam.

[beachcomber60]

Evening Spam,

 

No they havent terminated the agreement, a few days after the remedy by date I received a letter demanding the full balance as I didnt comply with the DN, if I didnt pay then they would seek a charging order or attachment to earnings order - I then started making 'token' payments then hit them with a claim for mis selling the ppi, which they rejected within a couple of days of receiving my letter.

 

Thats when PT stepped in and found that the agreement was improperly executed - a few letters each way, them saying we are right you are wrong ( never saying WHY they are right, they were then told I wasnt going to continue making payments - all went quiet until Santander bought GE and then the threats started & CodeRed crawled out from under their stone.

 

Thats were we are at present, they are added £30 default charges a month and I am awaiting my SAR from them.

 

Beachy

[Spamalot]

Evening Beachy,

 

Hmm... there are different schools of thought on termination at the moment and there is a great debate going on in the dodgy DN thread but a lot of the 'heavyweights' around here believe that the minute the full amount of a credit agreement is demanded it is construed as termination as they are requesting monies not yet due. As they have also threatened you with a Charging order it does look as if they consider the agreement at an end but it's up to you how you see it.

 

Roughly, how long have you got left to wait for your SARs. It will be interesting to see if they have stopped charging interest...another tell tale sign that the agreement is at an end.

 

Spam.

 

You may want to have a read around

[Spamalot]

Hi, Me again,

 

This is the thread I was talking about if you haven't read it yet. You may need a few hours to spare but I've linked it at a pertinent part..

 

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/208663-tale-dodgy-dn-further-43.html#post2294633

 

The original is a 'sticky' at the top of this forum I believe.

 

Spam.

[beachcomber60]

Thanks for the link, will have a good read when I get back home.

 

I have about 10 - 14 days left regarding the SAR, hoping to find some interesting reading in that.

 

Beachy

[beachcomber60]

Received this morning a letter from Asset Link informing me that they been assigned all rights to this account and that payment of the full amount be made within 15 days, failure to comply will result in the usual threats & and including a visit by bailifs to seize property (letter was 2nd class post)

 

This account is in serious dispute 1) because of PT's findings and 2) unresolved PPI reclaim complaint - surely they are allowed to sell off a disputed account.

 

PT if your around mate

 

Beachy

[Spamalot]

Hi Beachy... sorry I'm not PT..

 

You are right, they are not allowed to sell a disputed debt... if they have they have been very naughty.

 

Once again, they have 'terminated' the agreement by demanding monies not yet due.

 

Have you received a 'Goodbye letter' from the OC and a correct notice of assignment from the new one?.. If not it's just loads of hogwash.

 

In my humble opinion it's yet another 'kneecapping' by post job and should be treated with the contempt it deserves..

 

My advice is to send them a 'bemused...account in dispute etc.. letter and await your SAR to get to the nitty gritty of things.

 

Hope you are well.

 

Spam.

[beachcomber60]

Hi Spam (why arent you at work ? ? )

 

Sorry, didnt mean it like that when I asked whether PT was around , he was the one who found the flaws in the agreement.

 

No, not heard anything from the OC, no termination or a good bye letter, and Links letter was sent second class. Complaints still unresolved & in Woodchesters last letter they stated that the complaint

 

Inoticed yesterday that True Call zapped their number but this morning they tried again this time with holding their number with the threat monkey leaving a message 'Hi Jim this is Nick could you please call me on 020 ..........' cheeky barsteward!

[beachcomber60]

Hi aa,

 

Could do with PT's assistance now with this now, I've posted in the other thread as suggested but really need some urgent advice.

 

GE Woodchester have now sold the account onto a firm called Assest Link in London, even though the account is in dispute over what PT found and the fact that there is an unresolved dispute over PPI.

 

No letter from GE to say they intend selling the account on, no NoA from them either.

 

Just a letter from Assest Link, sent 2nd class, informing me that they have the account assigned to them from GE and to pay the full balance within 15 days or charging order and/or Bailiffs will be sent round to remove property.

 

Phone calls already started from this lot, although True Call has worked, I had one today from some smart ar*e with holding his number and leaving a message as if he's my best mate 'Hi Jim it's Nick, could you call me back on 020 ..........' cheeky GIT!

 

So I could really do with abit of guidence from PT if he can be contacted (dont want to PM him)

 

Regards

Jim

[pompeyfaith]

right they sound a right bunch of shysters do they not know to set bailiffs they first have to go through court procedures and thats a long way off yet

[pompeyfaith]

lets have a read and see what can be done

[pompeyfaith]

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/53331-ge-capital-asset-link.html

 

It would apear this company is actually called link financial.

 

PF

[beachcomber60]

Thanks for the detective work Pompey.

 

Looks like this dca are something to worry about if they go straight for charging orders.

 

So it really looks like I'm in the smelly stuff with this one even though the agreement is flawed, mis sold ppi, defective DN, debt sold while in dispute & no NoA issued.

 

I have absolutely no idea what to do or how to do it, apart from sending a bemused letter.

 

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

 

BC

[nicklea]

Received this morning a letter from Asset Link informing me that they been assigned all rights to this account and that payment of the full amount be made within 15 days, failure to comply will result in the usual threats & and including a visit by bailifs to seize property (letter was 2nd class post)

 

This account is in serious dispute 1) because of PT's findings and 2) unresolved PPI reclaim complaint - surely they are allowed to sell off a disputed account.

 

PT if your around mate

 

Beachy

 

This is actually very good news ( I assume that they did not send it by recorded delivery).

 

It is important that you do not acknoledge any letters from Asset Link until such time as it goes to court. If you do want to write to anyone just write to Santander.

 

They haven't complied with the Law of Property Act which means that the assignment is not effective and if they ever try to take you to court then tehy won't have a leg to stand on. The only thing that will undermine your defence will be if you write to them or otherwise contact them.

 

What pt2537 wrote above about your agreement is very true and, for him, it would be a relatively easy thing to stand up in court and present the case. However, as I know from experience, it is quite something else for an ordinary person to try and do that. However, it is, I would suggest, easier to make the case for the assignment not being done properly.

 

By the way, to answer your question, a debt can be sold at anytime whatever regardless of it's state or enforceability - however, it is a very unwise purchaser that would buy a debt without checking that it is enforceable.

[nicklea]

Hi Spam,

 

I would disagree with you on a couple of points

 

You are right, they are not allowed to sell a disputed debt... if they have they have been very naughty.

 

Yes they are - however, as I said above, it's a very unwise purchaser that buys a debt without checking its enforceability

 

 

Have you received a 'Goodbye letter' from the OC and a correct notice of assignment from the new one?.. If not it's just loads of hogwash.

 

You don't need to receive anything from the OC.

 

My advice is to send them a 'bemused...account in dispute etc.. letter and await your SAR to get to the nitty gritty of things.

 

Don't send them anything as this will be acknowleding the assignment

[Spamalot]

Ok, I stand corrected and shamed...

 

Thanks for looking in Nicklea....

 

 

Sorry if I steered you in the wrong direction Beachy...

 

 

Spam.

[nicklea]

Ok, I stand corrected and shamed...

 

 

Sorry, I didn't mean it like that.

 

But it is quite important not to acknowledge the assignment

[Spamalot]

Sorry, I didn't mean it like that. No offence taken

 

But it is quite important not to acknowledge the assignment Yes I Agree

 

I was not 100% sure as to whether Asset Link were another DCA or an assigned 'Creditor' . My bemused account in dispute letter was aimed at a 'DCA' as I believed that if an account was in dispute it could not be passed on/ sold to a collection agency until the dispute was dealt with by the OC. But as i said.. I am always open to being corrected as I freely admit I'm still learning to sidestep through this minefield of consumer law. .

 

If all rights have been assigned to another creditor then I agree definitely do not acknowledge the assignment.

 

The reason I mentioned a 'goodbye letter' from OC was only from the experience in my case where I received a notice of assignment from one Company and when I received a reply to my SAR the OC said they had sold it to a completely different company altogether.

 

Anyway, once again, thanks for looking in Nicklea.. your sound advice is always welcome.. I just hope I haven't misled Beachy with my misunderstandings

[beachcomber60]

Spam & Nicklea,

 

Thank you both so very much for your input.

 

I am so depressed at the moment, over this and another problem that arose last week I just dont know what to do or which way to turn.

 

I have just received a bright yellow envelope (thought it was yellow pages !), sent via TNT and stamped, in very bold black print, CREDIT ACTIVE on the front of the envelope.

 

Letter states Quote:-

 

We, LINK Financial Ltd, hereby give you notice or intimation that with effect from ** July 2009 Santander Consumer (UK) plc (t/a Santander Consumer Finance) assigned to us the benefit of the debt that you owe to them under an agreement with the reference number set out above ("your Debt").

 

As a result of this assignment your Debt is now owed to us, and any payments should be made to "LINK Financial", at the address above. Please ensure that you quote the reference number ****** when remitting payment. No further payments should be made to GE Capital Bank oe GE Woodchester and any payment made by you to them will take significantly longer to process on your account. During such time additional recovery action may be taken by us.

 

THE TOTAL LIABILITY OUTSTANDING IS £****.**

 

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 Agent or Solicitor, without further reference to yourself.

 

We may take Legal Action against you to and where applicable:

either RECOVER THE VEHICLE for sale at AUCTION (you will liable for any short fall); or

 

recover the full balance by enforcement of a JUDGEMENT on an ASSET or PROPERTY you may own; or

 

instruct BAILIFFS to seize goods up to value of the debt

 

If we issue legal proceedings against 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 contact one of our Account Officers on 0207 793 2699 if you have any queries in relation to the contents of this letter or to arrange payment of this account. A copy of our internal complaints hadling policy is available should you feel you have been treated unfairly.

 

For and on behalf of

Link Financial Limited

Edited August 3, 2009 by beachcomber60
Hit the wrong whilst typing :(

[beachcomber60]

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

[nicklea]

Again, as long as you did not sign for this letter, then do not acknowledge receipt of it in any way

[beachcomber60]

Thanks nicklea,

 

Blood pressure going through the roof (well it feels like it)

 

This starting to feel like a game of Russian Roulette

 

Should I still communicate with GE/Santander ref: dispute and unresolved ppi claim?

 

Beachy

[Spamalot]

Hi Beachy... really sorry to hear you are not your usual cheerful self. I hope it won't be too long before the problems start to disappear..

 

I will carry on researching as I have a bit of time today but I have found this link and it would appear that if your 'Link Financial' and this

 

Link Financial Limited - Consumer Wiki

 

Company are one and the same, then they may just be yet another DCA they've set on you..

 

I'll be back,

 

Spam.

[beachcomber60]

Hi Spam,

 

Yes you are right that is the correct leeces, although they are a dca they state that they have been assigned the debt outright and own all rights to it.

 

I still feel the need to write to Woodchester and tell them that account dispute has not been resolved and fight the ppi again, however if I do that they would more than likely turn round and say the debt has been sold. Then where would I stand.

 

Sorry if I sound thick

 

Beachy

[Spamalot]

Hi Beachy..

 

At this moment in time you have NOT received a valid notice of assignment from the so called Assignees therefore as Nicklea says....Do not have any correspondence with them at all! Do not acknowledge their existance and whatever you do do not acknowledge the 'assignment' letter they have sent you. Only correspond with Woodchester at all times.

 

If it turns out that Asset Link are licensed creditors and have bought the account 'Absolute'they must send you a valid notice of assignment by recorded or special delivery to ensure you have received it.

 

This is in keeping with the Law of Property Act 1925. I'll post you some bits about that in a while.

 

If when you contact Woodchester they inform you that the debt has been sold absolute then I would still advocate waiting for a valid NOA off the buyers before doing anything.

 

You are not thick!! I was thick... I paid Marlin without questioning and now I'm on the wrong end of a CCJ and trying to fight back!

 

If it turns out that Asset have bought the debt absolute then they will have to pay you back the missold PPI as they now own it 'warts and all' but you can cross that bridge when you come to it..

 

I'll be back... Spam:)