Please Help - Credit card debt

[bartsimpsy]

Hello everyone...

 

Apologies if I have posted in the wrong place. I am a new user and am so nervous and stressed out ever since I've been contacted by a debt collector named Link Financial.

 

I had a credit card from PayPal last year which had a balance of 2,500 pounds approx. I was making monthly payments when all of a sudden I had some financial difficulty (as I had a bank loan and another credit card with HSBC) and cancelled the direct debit for my PayPal credit card (I know this was a bad thing to do - but at the time I made a stupid mistake thinking I could hide from my debts).

 

Since then, I have moved addresses and 8 months later I've received a letter from Link Financial requesting me to contact them. As I was not aware who they were and what they wanted I ignored the letter. Since then they have sent me another letter stating an outstanding balance of 2950 pounds and have requested me to contact them else they have threatened to start a formal debt recovery plan.

 

Since then I have written an email requesting more information but they haven't responded. And today I receive a postcard from then asking me to call them urgently.

 

Can someone kindly please help me and advise me what I need to do. I am aware that not responding or hiding from the problem is only a temporary solution. My sister has kindly offered to lend me 2000 pounds to pay off this debt via a settlement with Link financial.

 

Any help you provide will be much appreciated. I have been so stressed and worried ever since I've received the first letter. Please help

[cerberusalert]

First send them a CCA request to see if they are entitled to collect this debt & if it's enforcable. If they fail to provide it within 12 working days from receipt, or the CCA is unenforcable you can legally withold any payment until they do. Send it recorded delivery enclosing a £1 postal order. When you get a reply, scan it & remove any identifying details and post it back here where we can have a look at it. We'll advise you from there;

 

Dear Sir/Madam

 

Re:- Account No: XXXXXXXX/Your Reference Number: XXXXXXX

 

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 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.

 

Furthermore, with regards 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.

 

You are reminded of the following under Consumer Protection from Unfair Trading Regulations 2008.

 

Trading Standards can bring about a prosecution if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of the Consumer Protection from Unfair Trading Regulations 2008, 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 OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this if it is your intention to arrange a call from your 'Doorstep Collectors', I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.Be further advised that any further telephone calls from your company will be recorded.

 

(Optional addition)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

 

(Print do not sign signature)

[cerberusalert]

It may be wise to send Paypal a sar too http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca this will help you determine what unfair charges have been added to the a/c which you can reclaim thus reducing the alleged debt.

[bartsimpsy]

Hello cerberusalert,

 

Many thanks for the speedy reply... Much appreciated. I'm so glad I found this forum. All the members here seem to be so friendly and really helpful. It feels really good and reassuring to know that you have some support.

 

Thanks alot once again. I shall get a bank draft arranged on Monday and post it recorded/special asap. I will keep you posted.

 

Thank you ever so much.

[abi_cutie09]

Hi Im a newbie here, I have been reading this site for months, but I have finally signed up to be a member. Please could someone tell me how to start a new thread, I am after some advice but cant find a 'post a new thread' button.

Thanks.

[cerberusalert]

Scroll to the bottom of Debt Collection Industry - The Consumer Forums & click 'New Thread'.

[bartsimpsy]

Hello fellow peeps...

 

I finally received my CCA from Link Financial on Fri. Attached above is a covering letter followed by the agreement itself. I'm uploading it in tiny chunks as I don't have access to a pdf editor.

 

ta,

[bartsimpsy]

The second part

[bartsimpsy]

Final part.

[bartsimpsy]

Hi there...

 

Apologies .. I've just realised that the text on the images i've uploaded are small. The only way to read them would be to zoom albeit i'm aware this isn't ideal. If anyone has any ideas on how I can upload them better to retain the original size of the text, please advise and I'll reload it again.

 

Thanks guys.

[vint1954]

It depends if the agreement had your signature on it and if it was on the document that contained the prescribed terms.

[vint1954]

If you scan each page then save to your desktop.

 

When you go to advanced reply, you can add the documents from your desktop. Ten on the top bar, there is a paperclip to add to the post.

[bartsimpsy]

If you scan each page then save to your desktop.

 

When you go to advanced reply, you can add the documents from your desktop. Ten on the top bar, there is a paperclip to add to the post.

 

Hi Vint, thanks for the reply. Re. signature on the document - It only had my name and date on it.

 

Re. uploading from desktop - any idea how i'd be able to edit/delete my name and account details on a pdf prior to uploading?

 

Currently I just clicked print screen on the pdf doc and then pasted/edited the image on picture viewer and uploaded here. But when viewed the text is kinda small.

 

ta.

[bartsimpsy]

If you scan each page then save to your desktop.

 

When you go to advanced reply, you can add the documents from your desktop. Ten on the top bar, there is a paperclip to add to the post.

 

 

If u kindly click on 3b - u will see the name and date section of the agreement.

[cerberusalert]

You can edit it using 'Paint' & also resize the image.

 

The image can also be enlarged when viewing it on here by holding down the 'Ctrl' key & using your scroll on your mouse.

[bartsimpsy]

Thanks for the tip cerberusalert. I've just tried resizing 3a and 3b. Hope it works.

[bartsimpsy]

sorry guys, I don't seem to get the hang of this editing business. Please bear with me, till I try to get my head around this. In the meantime any idea what I should do or how much time I have before I need to respond to the CCA I received last Fri? ta.

[cerberusalert]

Try uploading the image file to TinyPic - Free Image Hosting, Photo Sharing & Video Hosting & then copy and paste the URL back here.

[bartsimpsy]

cerberusalert - many thanks for the link. I have uploaded em all on the links below. Any help and advice you provide will be much appreciated. Thanks for the support.

 

 

1 - Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting (covering letter by Link Financial)

 

1a - Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

1b - Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

1c - Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

2a - Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

2b - Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

2c - Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

 

3a - Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

3b - Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting (name, signature and date) note: I've only deleted my name. This part of the contract does not or was not signed by myself.

 

4 - Image - TinyPic - Free Image Hosting, Photo Sharing & Video Hosting

[cerberusalert]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

[bartsimpsy]

I'd be tempted to send them Scots letter below & see what their response is;

 

Re: my request under the Consumer Credit Act 1974

 

Thank you for your recent letter sent to me, the contents of which are noted. I appreciate your quick response to my original letter. However, the reply received by me does not fulfil your requirements under the Consumer Credit Act 1974.

 

The Act demands that I be supplied with a true copy of any properly executed credit agreement that exists in relation to the above account. I may ask for this on demand providing that a fee of £1.00 is paid. This fee was sent with my original letter.

 

My request remains outstanding. The items you sent in your reply, does not constitute a true copy of any credit agreement that may or may not have been signed by me on the opening of this account. It neither confirms that I am liable for any alleged debt to you, nor gives me any chance to evaluate whether any original agreement was ‘properly executed’.

 

I still require you to send me a true copy of the original credit agreement that you allege exists. As you will know, under the Consumer Credit Act 1974, a judge is not permitted to make any enforcement order unless the creditor can provide a true signed copy of the original credit agreement. This means that unless you can produce such an agreement, this alleged debt is not enforceable in law.

 

You had until XX/XX/2008 to provide me with the true copy I requested. You are now in default of my request. Any account I hold with you is now in legal dispute. Whilst the account remains in dispute, you are not permitted to ask for any payment, nor am I obliged to offer any payment to you. Furthermore, whilst the dispute remains, you are not entitled to charge any interest on the account, nor make any further charges to the account. Additionally, you are not entitled to register any information on this account with any credit reference agency.

 

To register information with a credit reference agency, you must have written consent from the customer to collate and share such information. This consent is given in the form of a signed credit agreement, so until you produce such an agreement, you may not do this.

 

The requirement for consent to share data is a clear requirement of the Data Protection Act 1998. any such attempts to share my data without my consent will be met with a complaint to the Information Commissioners Office

 

To sum up, I will not be making any further payments to you until you provide me with the document I have requested. Whilst you remain in default of my request, you are not permitted to take any action against this account. This includes adding further charges and passing any information to the credit reference agencies.

 

Should you not have any signed credit agreement in relation to this alleged debt, please confirm this in writing to me.

 

 

I look forward to your reply.

 

Yours faithfully

Print name do not sign

 

**amend to suit your circumstances.**

 

Quick question - having read and re-read the signature bit of the agreement - it states "Signature of Customer (Please type your name)" which is then followed up by my name.

 

So if I send the above letter - do u think they could use the above as an excuse?

 

To be honest I don't recall signing a document but on the other hand I vaguely remember from the back of mind where they did correspond with me and I had to send them something prior to them sending me the credit card.

[cerberusalert]

We always advise people never to sign any document they send a creditor as it has been alleged in the past that someone could be creative with Photoshop.

 

Unless an agreement has your signature it is not enforceable.

[bartsimpsy]

We always advise people never to sign any document they send a creditor as it has been alleged in the past that someone could be creative with Photoshop.

 

Unless an agreement has your signature it is not enforceable.

 

Thanks i'll give it a go and see what happens. Will keep you posted as soon as I hear from em. Nervous and hoping for the best.

[vint1954]

If your signature was not in the box, then they cannot use that document in court.

 

Just about confirms that it is a current reconstruction of terms and conditions.

 

Send cerberusalert's letter and wait for the respons. Be preparred for a long haul.

[bartsimpsy]

Hello peeps...

 

Apologies for the long absence. Been away and just received a mail from Link financial in response to cerberusalert's letter (above) I sent em.

 

The most recent Link correspondence was as follows:

 

 

Dear Sir,

 

We acknowledge receipt of your letter dated the 28th Sep 2009, the contents of which have been noted.

 

In response to your points raised please be advised that the copy agreement provided is a true copy and enforceable. The application for the Credit Card was completed on line, the reason no signature is present, the application was successful and the card was issued. Upon receipt of the card you signed the back, enabling you to use the said card, upon use of the card you confirmed your liability of any balance due under Section 66 of the Consumer Credit Act 1974.

 

We hope this clarifies matters and look forward to receiving your proposals for repayment of the outstanding debt.

 

Yours faithfully

xxxx.

 

[End Quote]

 

Any idea folks on how I proceed from here on? I'd be really really really grateful for any advise provide. Thank you in advance.