LINK FINANCIAL - Advice Please.

[doodlesack]

Unfortunately I still can't really make it put enough to give clearer advice on it, except that it clearly states it is an application form, is there a 'Right to cancel' box on there?

 

Thanks for having a look.

 

Yes there is a box marked "Your Right To Cancel"

 

It goes on....Once you have signed this agreement you will have for a short time a right to cancel it. Exact details of how and when I can do this will be sent to you by post by the bank.

[Bazooka Boo]

Then IMO it is unenforceable, however please wait until someone who knows about CCA's and what they are talking about confirms this for you.

That just confirms that it is an application form and not the actual agreement, as on the agreement they 'would' or 'should' have sent you it will clearly state on it that you have a right to cancel within X amount of days.

[doodlesack]

Then IMO it is unenforceable, however please wait until someone who knows about CCA's and what they are talking about confirms this for you.

That just confirms that it is an application form and not the actual agreement, as on the agreement they 'would' or 'should' have sent you it will clearly state on it that you have a right to cancel within X amount of days.

 

 

Cheers for that.

 

The box "Your Right To Cancel" is on the lower right of the application form.Just above where it was signed by me. Above which is another box confirming that the info given by myself is true etc, and this box appears to have been writtten or signed on by someone called Hogan ??

 

There is nothing on the rear of the application relating to cancelling the agreement.

 

I will standby for someone else to give me their opinion.

 

I seem to think that a true copy of a CCA should be A4 in size?

 

Thanks again...Nice avatar...RA??

[DonkeyB]

Can't answer cos still can't read it!

[angry cat]

Looks like a hotch pot to me.

 

However, you need to post up larger images!

[doodlesack]

Hello All,

 

Well it`s been a while since I posted regarding my problems with LINK.

 

Until mid-January 2011 I had not heard from them since early May last year.

 

Anyway in mid-January 2011 I recieved a call from their office in South Wales.

 

They wanted me to go for a Full and Final Settlement - I told them that as I had not received a true copy off of the CCA I was still in dispute with them.

 

The woman on the phone said one would be sent, and that she would get back in touch and look at a Full and Final Settlement.

 

On 18 January 2011 I recieved 2 x photocopied A4 sheets from LINK. One showing the "Priority Application Form" and the other the "Terms and Conditions" . Exactly the same as the photo copied form that they sent me in May 2010, except that now its on two sheets of paper !!!

 

Its now nearly two months since LINK phoned me. I have had no further contact with them either by phone or in writing !!!

 

I would have thought that IF my account was enforcable that they would have been contacting me way before January 2011 - if it were. After all its an 8 month gap between sending a document that they claims fulfils their obligations.

 

Add to this the fact that they haven`t contacted me since they sent the A4 sheets in January 2011 - which would also seem to indicate that the agreement is not enforcable !??

 

Your thoughts please.

[doodlesack]

.....and so the saga continues !!

 

A few weeks ago I had a letter from a company called Elmswood - Which is part of LINK Outsourcing. The letter offered me a discount if I started to make payments again. As I do not beleive the agreement is enforcable I ignored it.

 

Anyway, today I have had a letter from LINK threatening court action if I do not contact them within 14 days.

 

I`m not sure if this a bluff on their part or not - after all the account has been in dispute for 18 months.

[Bazooka Boo]

Hello doodlesack, just gone back over your thread to refresh my memory.

 

As this has been going on for so long now, the goal posts have moved, in their favour unfortunately.

 

The enforceability argument has been eroded somewhat due to the likes of rankine etc, so this shouldn't be relied upon as a solid defence.

However there is a thread on here which goes into some detail about how you can question reconstituted agreements and fight back. (They are now allowed to send recon agreements and have successfully used them in court to win)

 

Have you been able to learn how to post up your scans yet??

 

What does the letter from link say? If you can't scan and post it up, then if you can type out their exact words, less for your details etc.

 

Do they still use the words 'may' 'if' 'possible'?

[doodlesack]

 

 

 

CCALARGE1740.jpg picture by jonesyboyo - Photobucket

 

http://s160.photobucket.com/albums/t197/jonesyboyo/?action=view&current=CCALARGE2741.jpg

 

Hopefully these scans are a bit bigger!

[Bazooka Boo]

Yes their OK, some good fot's too!

 

What about this missive they sent you?

[doodlesack]

Thanks for the reply Bazooka Boo. Hope the scans (above) are bigger?

 

 

I cant say I have heard of Rankine and I dont know anything about recon agreements - a little research needed on my part there !!

 

 

 

The letter reads:

 

LETTER BEFORE COURT ACTION

 

Link outsourcing limited has attempted to recover the outstanding balance from you but has however been unsuccessful.

 

County Court Proceedings will now be issued against you without further notice. We shall obtain and enforce a couty court judgement against you.This may affect your ability to obtain credit in the future.

 

You should be aware that where applicable contractual interest will continue to be charged on the outstanding balance until the debt has been fully repaid. although we will not ask you to pay anymore than the amount you would have paid if you had continued to pay your account as per the original terms of the agreement.

 

You may be liable for the costs of any action we take and statutory interest will accrue on your account at 8% for the full period. We will also impose a maximum fee of £130.00 which you will be liable for.

 

IF YOU WISH TO PREVENT THIS COURSE OF ACTION PAYMENT MUST BE RECEIVED IN FULL WITHIN THE 14 DAY PERIOD.PLEASE CONTACT AN OFFICER ON 02920 808698 AS A MATTER OF URGENCY

Edited August 30, 2011 by doodlesack

[doodlesack]

Yes their OK, some good fot's too!

 

What about this missive they sent you?

 

Glad the document is ok and you like the fot`s !

 

You should find the content of the letter on page 4 of this thread !

[Bazooka Boo]

You'd be forgiven in thinking that they do this as a matter of routine and no-one defends their claims? "We will obtain and enforce county court judgement against you" Really? Are you seriously that confident?

 

Time to hit them with the big boys guns I believe, a CPR request for exactly what documents they hold in order to rely on in court and win this CCJ...

[doodlesack]

Thanks for the advice.

 

Would that be a CPR 31.14 Request ?

[davehayes]

Simply Ignore them, they have no call on you as they are a 3rd Party and have no right to chase you for this money.

[davehayes]

I deal with Commercial Contract Law for a living, from the Right ( Truthful Side) and under the Contracts ( Rights of 3rd Parties Acts) they have no call on you for this.. .It goes a bit deeper than that, & am happy to help you with this, but in Essence, thats the bottom line.

[Bazooka Boo]

CPR 31.14 is a request for them to provide you with all of the details/paperwork they intend to use against you in court, less of a request, more of a demand, it simply tells them that you are not one of the sheep, and you will fight them every step of the way. (And in most cases win!)

[doodlesack]

Cheers for the replies.

 

So what did you make of the "Priority Application Form" / Terms and Conditions ??

 

Would that actually be considered as an agreement and more importantly would they be able to enforce it ??

 

Here they are again:

 

CCALARGE1740.jpg picture by jonesyboyo - Photobucket

 

http://s160.photobucket.com/albums/t...ALARGE2741.jpg

 

 

......and by the way Link have now started to to phone me at home !

[Bazooka Boo]

I wouldn't like to defend solely on the enforceability issue, you will be better pushing water up hill, the enforceability of paperwork is now as old as the wheel, they have been lucky and have managed to shift the goal posts, in their favour, you will need more than that to defend unfortunately.

[doodlesack]

I wouldn't like to defend solely on the enforceability issue, you will be better pushing water up hill, the enforceability of paperwork is now as old as the wheel, they have been lucky and have managed to shift the goal posts, in their favour, you will need more than that to defend unfortunately.

 

 

Ok thanks for the info.

 

Reading between the lines, if they have all the paperwork it looks like I`m up the creek without a paddle !

 

Dispite what davehayes has said I am considering sending a CPR.

[doodlesack]

Can I still send a CPR even though they are only threatening court action at this stage ?

[BRIGADIER2JCS]

Hi davehayes if you have knowledge that

that third parties cannot chase debts it

would be most useful to be enlightened

as all the debt collection agencies and debt

purchasing companies are third parties assigned

to collect the debts or have bought them in view

of making a profit.

[Bazooka Boo]

Can I still send a CPR even though they are only threatening court action at this stage ?

 

Oh yes without a shadow of doubt, this is often the favourite ploy of Bryan 'bloody' Carter, then when he receives the CPR request he soon scurries back off into his cave and hands it back to whoever is desperate enough for a suck on a lemon.

 

The CPR request, is telling them to provide you with all of the documents they intend to rely on in court to enforce a judgement, it costs you nothing less for the price of recorded delivery 1st class, and it may have the desired effect that they do indeed realise that they have nothing to put before a court, therefore will stop threatening legal action and actually behave like adults.

[doodlesack]

Oh yes without a shadow of doubt, this is often the favourite ploy of Bryan 'bloody' Carter, then when he receives the CPR request he soon scurries back off into his cave and hands it back to whoever is desperate enough for a suck on a lemon.

 

The CPR request, is telling them to provide you with all of the documents they intend to rely on in court to enforce a judgement, it costs you nothing less for the price of recorded delivery 1st class, and it may have the desired effect that they do indeed realise that they have nothing to put before a court, therefore will stop threatening legal action and actually behave like adults.

 

 

 

Right cheers for the info.......Can you give this the once over please ?

 

 

 

 

Dear Sirs

 

REQUEST FOR INFORMATION

 

I refer to your letter dated 25th August 2011.

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of each of the following document(s) mentioned.

 

The information must be furnished within fourteen days of the receipt of this letter. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought.

 

1. A true copy of the executed credit agreement that applied to the account at the time of default and at the time the account was opened.

 

 

2. All records you hold on me relevant to this case, including but not limited to:

 

a. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations by your company, or by any previous creditor.

 

 

b. Where there has been any event in my account history over this period which has required manual intervention by any person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my account formerly held with MNBA.

 

 

c. True copies of any notice of assignment and/or default notice or enforcement notice that you or the original creditor sent me, with a copy of any proof of postage that you hold.

 

 

d. Documents relating to any insurance added to the account, including the insurance contract and the terms and conditions, date it was added and deleted (if applicable).

 

 

e. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

 

 

f. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

 

 

g. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

 

h. A list of third party agencies to which you have disclosed my personal data and a summary of the nature of the information you have disclosed.

 

 

i. Copies of statements for the entire duration of the credit agreement.

 

3. Any other documents you seek to rely on in court.

 

 

I will require this information within the next fourteen days. I must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim.

 

Yours sincerely,

[Bazooka Boo]

Sorry not my forte, Brig will be better suited I believe...?