Re: Link Financial/mbna

[sailor sam]

Hi,

I have a problem with Link Financial. Basically I had a finance agreement with GE Capital in 2000 during which my circumstances changed for the worse and I was unable to maintain the payments. I did, however manage to payoff a third of the original amount and did keep in constant touch with them. Unfortunately without any notification to myself (although they did send me a default notice), they 'sold' the debt to Link in 2004 who are now hounding me for just over £8000. I have been sending them £50 a month but hav'nt paid them since June. They only have my mobile number

and I have written to them to ask them to communicate only in writing. I have even invited them to take me to court but so far they hav'nt. My question is; can GE Capital sell the debt to another company without notifying the borrower? I would appreciate any advice. Many thanks.

[saintly_1]

Thread moved to the MBNA forum this way you will get help from others who have had similar dealings

[angry cat]

A long thread but it will give you an idea about Link Financial:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162255-link-financial-limited-38.html

 

AC

[sailor sam]

Thank you both.

[sailor sam]

I've read a lot on here about Link so i'm thinking of sending them the following letter. can anyone give it the once over and give me an oppinion please?

 

Link Finance

PO Box 30095

LONDON

SE1 7WU

Your ref: xxxxx

Agreement: xxxxxxxxx

 

WITHOUT PREJUDICE

Dear Sir/Madam,

ACCOUNT IN DISPUTE

I am aware you are attempting to contact me by telephone despite my previous letter dated 27th June 2009.

During a recent telephone conversation I indicated to your operative that I was intending to again take specialist advice in whether the debt you are attempting to collect has been correctly passed to your company and as such, if you are legitimately entitled to pursue the same. I further indicated that I had not fully investigated further advice due to other situations I am involved which are more serious, being a long running legal case involving my 5 year old son.

However, due to your persistence I have now taken some further initial advice in this matter and it seems to suggest that you should have provided me with a Consumer Credit Agreement (CCA) within 12 days of taking over the account from the original creditor. You should also be aware that the original creditor; GE Capital Woodchester were in breach of the CCA by attempting to recover the item to which the agreement relates without a court order. They further ignored proposals from me to rectify the situation and did not notify me of them passing the account to a third party.

 

This letter therefore 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 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 cheque 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 plus all monies which have been paid to you by me which were paid to you under duress and by way of the misapprehension that you were entitled to these payments.

Please not that I am only prepared to deal with this matter by way of written correspondence.

 

 

Yours faithfully,

[AA99]

subbing Will you post up the contract that you've now received so we can all have a look at it:cool: