Has anyone heard of link financial???

[nj484]

Hi could anyone advise please??

 

I got a letter from Link Financial about a student loan in 1995. They had also been phoning my dad 10+ times a day - spoke to him twice and the rest of the time just hung up (over several weeks) He is 70 and panicked about this. I wrote a formal complaint. In their letter they said thank you for bringing the matter to our attention we have completed an investigation and apologise inconvenience caused by our actions. Please confirm in writings you accept our apology if we have not heard from you within 8 weeks we will close our file accordingly.

 

A request for information was made and a thick bundle came through with print outs etc - a loan agreement signed in 1995 which you can not read. I mean the only bits that are clear are the annual percentage rate, an account number and signature. It is very wierd that everything else is so badly grey that you can not read it!!! Also, the date is not my writing and is in the same as the date for official use only date and signature.

 

Part of my letter stated:

 

I would like to point out that I have no knoweldge of such debt being owed to finance higher education or Thesis servicing. You must supply me with a signed true copy of the deed of assignment of the above alleged agreement that you allege exists.

 

Reply:

 

Please note that Finance for Higher Education are the loan account owners. Until the 30th September 2008 your loan accounts were managed by the student loan company on their behalf. On 1st October 2008, FFHE exercised their contractual right by transferring the servicing rights to Thesis servicing. Because we do not own the loan account, a notice of assignment was not required. Please refer to section 6 which outlines this right (non of this is readerbale it just looks like a grey shaded area)

 

If you do not contact us by 2nd July we will recommence collection proceedings

 

Any advice does it sound right and who are Thesis servicing who they talked about? AND WHO ARE LINK FINANCIAL?????

[42man]

Link Financial are a debt collection agency....but in your case your debt is barred by the statute of limitations act 1980....there have been a few others in the past week or so who have been contacted by Link - please read this - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/257019-link-financial-outsourcing-student.html#post2974004

[nj484]

I thought that but they have stated I made 2 payments in 2008 so the debt is not barred??? I do not agree these payments have been made

[42man]

Even if you made 2 payments in 2008 then as long as there is a gap of at least 6 years ANYWHERE in the life of the debt then it will STILL be statute barred and nothing can unbar it (unless you change your name by deed poll or fake your death).....Did Link tell you this on the phone ? or in writing ? You could send a SAR to them of course !!!

 

Link have overstepped the mark previously - OFT warns debt sector about tracing tactics - The Office of Fair Trading

[42man]

Send them this letter by recorded delivery....do not hand sign it either http://www.consumerforums.com/resources/templates-library/86-debt-collectors/599-letter-sent-when-debt-is-statute-barred - also please do not speak to them on the phone unless you RECORD the calls....If they state it is NOT statute barred then get them to prove it. If they continue to harrass you once you have stated that you have no wish to make a payment towards a debt that is barred by statute they have to stop harrassing you - One other debt collection agency was recently warned of this by the OFT - OFT imposes requirements on Mackenzie Hall to improve handling of disputed debts - The Office of Fair Trading and the OFT clearly state in their guidelines -

 

• continuing to press for payment after a debtor has stated that they

will not be paying a debt because it is statute barred could amount to

harassment contrary to section 40 (1) of the Administration of

Justice Act 1970.

[nj484]

Thanks for replying so quickly. Yes, there is definately a 6 years (in fact an 11 year break) and this information is very useful.

 

However, what really concerns me is that looking again at the dates, it looks as if they have been changed by someone else. Also, the photocopy looks like they have deliberately shaded certain areas - but they wouldn't do that would they???

 

What should my next step be? I presume I should send them a letter to confirm their information is wrong?

 

Thanks again

 

This information came through because of a SAR immediately sent after the complaint letter.

[nj484]

I will type this letter up now and thanks again for this detail.

[42man]

Send the statute barred letter....(recorded) get them to prove you made the payments, if they do attempt a court claim then let us know....

[nj484]

I will do thanks again

[nj484]

Hi again, Just to confirm also is it true they do not need a notice of assignment?

[nj484]

Hi I also reported the harrassment to the office of faire trading and have just got this reply.

 

Consumer Credit Act 1974 (the Act)

Complaint Against: Link Financial Limited

Licence No: 446835

Thank you for your email received on 11 June 2010.

 

I am very sorry to hear about the difficulties you have been experiencing however, the OFT has no authority to become involved in individual disputes between consumers and traders so we cannot advise you directly in this matter.

 

I enclose a list of organisations which can offer you help and advice. For specialist, face-to-face assistance, or intervention, you may wish to seek legal advice either through a local Citizens' Advice Bureau or directly from a legal adviser. The Financial Ombudsman Service can help with most complaints about consumer credit products and services if the consumer has failed to satisfactorily resolve the matter directly with the consumer credit licensee itself.

 

I can confirm that the business you mention holds a consumer credit licence. Under the Consumer Credit Act, holders of consumer credit licences must be fit and competent to do so and the OFT has a duty to monitor the fitness and conduct of all traders who hold such a licence.

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt collection industry. The guidance is intended to ensure that debt collectors treat individuals fairly. Non-compliance with this guidance will call into question the fitness of licence holders and applicants. You can view our guidance at: www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

We have therefore noted the details of your complaint, and we will consider this alongside any other complaints we have received with a view to any consumer credit licensing or other action we may decide to take. If we do take any action against this trader, it is likely that we would need to disclose your identity to this trader along with details of your complaint. I should therefore be grateful if you could sign the enclosed consent form and return it to me. Unfortunately, we cannot disclose any details about any action we may take, due to legal restrictions on the OFT relating to disclosure of information.

 

Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

David Annis

Enquiries and Reporting Centre

Office of Fair Trading

 

To sign or not to sing that is the question?????

[nj484]

I did mean sign not sing - I am not about to break out into a verse!

[42man]

This is a 'usual' response from the OFT...however it will be noted against their 'file'

[nj484]

Ok thanks

[Katybintjas]

Hi

nj484 I am wondering if you have had any update from them? I sent them the recorded delivery letter at the start of the week and they have been on the 'phone again today. I said the person was not available and they should write. They claimed they had and had no response - which of course is a lie.

What is the next step?

[nj484]

Hi Katybintjas

 

What did you say in your letter? Did you request all information by a subject access request? I wrote to them for a subject access request (with postal order enclosed) and sent another letter about harrasssment. I found it on this site somewhere and it quite clearly stated that I would not speak on the phone and all correspondance should be by letter and made a formal complaint. The phonecalls ceased after this strongly worded letter and telling them that they had been reported to relevant bodies. Can anyone help with this letter location?

 

They are awful on the phone. Indeed I was laughed at and spoken to like dirt. This is why they are only receiving letters from now on. They have not yet replied to my statute barred letter - we will see

 

Nj484

[coffeeamour]

Hi

I have sent them a letter stating this is statute barred - this was last week. They are still calling me up (and like you they are being just nasty on the phone), I do not confirm anything at all to them.

nj484 you mention about a letter you sent regarding harassment have you any idea where you found it? When did you send the statute barred letter, I am wondering how long a reply will take and what sort of response I am likely to receive.

Thanks

[maroondevo52]

Hi, coffeeamour.

 

There's an Harrasment letter here.............

 

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sir/Madam,

In regards to your reply dated xx October 2009 in relation to the quantity and frequency of telephone calls that I have received from your company, which I again deem to be personally harassing.

 

I therefore again formally requested that these stop immediately and no further communication from yourselves via telephone is received, now or in the future. As is my right under the DPA I require that you remove my telephone number from all your systems and ensure that all further correspondence from your company is made, only, in writing .

 

 

I’m of the view that your continued harassment by telephone puts you in breach s 2,6a OFT guidance 664 - contacting debtors at unreasonable times 21:55PM most evenings and at unreasonable intervals, up to 10 times a day and also CUPTR 2008 - 7.11 - Failure to adhere to a code of conduct - to hold a credit license you signed up to be bound by OFT guidance.

 

If you continue to harass myself via telephone from this email, you will 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 with all written and recorded evidence, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded via "Trucall" that’s in place.

 

 

 

Regards.

 

Scott.

[coffeeamour]

Hello again

Does the number 0844 736 2490 sound familiar in regard to their calls? I received a message asking to call this number. Any ideas?

[42man]

Yes this is a number Link Financial use...

[coffeeamour]

42man. Thank you for that. I had a very strong suspicion that it was them. There have been several withheld calls and no messages and also an 0203 number with no message. I do not see why I should respond to this call. They should have received my registered post letter.

[beachcomber60]

42man beat me to it

 

Yes its Link Financial Outsourcing Ltd.

 

(Had a blazing row with them over the phone (I know - but I was caught off guard) started rabbiting on about not paying them any money, never given them a penny , unfortunately threat monkey didnt ensure he was talking to the right person before his abuse started, so he got an absolute gob full & told he/Link were being reported to the OFT, as far as Iam aware the account, in serious dispute, is still with the OC)

[coffeeamour]

42man. Thank you for that.

There have been several withheld number calls and also an 0203 one. I do not see why I should answer, they have received a registered post letter.

[coffeeamour]

beachcomber. Thanks too. They are completely unprofessional. Someone else answered it once well over a week ago and they spoke to that person as if it was me and were just rude.

Do I keep allowing the answer 'phone messages or pick up and tell them everything to be in writing, end of story?

[coffeeamour]

Hello again

It seems there is a news strategy at play here. I decided to answer them to tell them to get lost and conduct things in writing and when I answered - twice this morning - both times the call was hung up. Is this some sort of mind game??