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hi i need help with dealing with link financial, who they tell me are not a debt collecting agency (yeah right) my husband has a debt passed to them from GE Money, i am worried after readig the threads above, i have called link today and told them where to go as they wanted all our financial details but wouldnt send out a means form, which is what a financial co would do.we don't know what to do next can anypne help

 

thanks

 

jules

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Hi Jules

 

I suggest you don't call them again or take their calls. You need to send a request for the original credit agreement straight away with a £1 postal order. Send it recorded delivery as soon as possible. I'm not using a computer so can't attach a link to the letter. It's CPR 31.14 you need to send. Click the warning sign on the left hand corner of your post and ask the site team to move it to your own thread as Caggers will be along to help quicker!

 

I hope that helps enough for now! Don't panic we know how to deal with link now! We will help you!

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hi

 

thanks for your mail, i am new to this as you can see lol, its just seems bizare that this company can apply a charge on your property and the courts do nothing about it xx speak to you soon

 

Hi, check my thread out for a heads up on how they operate and how you can beat them if they've not behaved themselves. You'll learn a lot about these muppets here :-D

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?221243-LINK-Financial-Check-this-out

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hi emandacole

 

its great to see there are people out there who can help, i will let you know how i get on, theguy on the phone was an idiot asking for financial info told him to foxtrot oscar and put anyhting he wants to discuss in writing so we will see.

 

:|:-)

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hi emandacole

 

its great to see there are people out there who can help, i will let you know how i get on, theguy on the phone was an idiot asking for financial info told him to foxtrot oscar and put anyhting he wants to discuss in writing so we will see.

 

:|:-)

 

Foxtrot Oscar, an old favourite! Yes, don't waste your time on the phone with them as they'll tell you anything and typically whatever they do spout will be contrary to debt collection guidelines/the law/common sense. Get yourself up to speed and you'll quickly learn where you stand.

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Hi i'm back, no calls for 5 days then link have called and left a voicemail on my husbands phone saying as he didnt want to be called at work and he hasn't called emanuel oliver back he has no alternative but to call my husband at work, surely this is illegal and GE Money have broken the data protection law ?? can anyone advise on this, as yet we have received no letters from link concerning the debt :|

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You can respond with this:

 

Re: Harassment by telephone

 

ACCOUNT NUMBER: XXXX

Dear Sirs

I am writing in relation 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.

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, 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.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

Yours faithfully,

[NAME HERE]

 

Section 40 of the Administration of Justice Act

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he- harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation; falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it; falsely represents himself to be authorised in some official capacity to claim or enforce payment; or utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

Section 40 of the Administration of Justice Act

 

“S40 Punishment for unlawful harassment of debtors.

A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract he-

harasses the other with demands for payment which, in respect of their frequency, or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

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

falsely represents himself to be authorised in some official capacity to claim or enforce payment; or

utters a document falsely represented by him to have some official character, or purporting to have some official character which he know it has not.

A person may be guilty of an offence by virtue of sub-section (1) (a) above if he concerts with others in the taking of such actions as is described in that paragraph, notwithstanding that his own course of conduct does not by itself amount to harassment.”

__________________

 

1 Prohibition of harassment

 

(1) A person must not pursue a course of conduct—

(a) which amounts to harassment of another, and

(b) which he knows or ought to know amounts to harassment of the other.

(2) For the purposes of this section, the person whose course of conduct is in question ought to know that it amounts to harassment of another if a reasonable person in possession of the same information would think the course of conduct amounted to harassment of the other.

(3) Subsection (1) does not apply to a course of conduct if the person who pursued it shows—

(a) that it was pursued for the purpose of preventing or detecting crime,

(b) that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

© that in the particular circumstances the pursuit of the course of conduct was reasonable.

2 Offence of harassment

 

(1) A person who pursues a course of conduct in breach of section 1 is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.

(3) In section 24(2) of the [1984 c. 60.] Police and Criminal Evidence Act 1984 (arrestable offences), after paragraph (m) there is inserted—

“(n) an offence under section 2 of the Protection from Harassment Act 1997 (harassment).”. http://www.opsi.gov.uk/acts/acts1997..._19970040_en_1

 

 

Take your choice of the above, and be ready to quote if they write. Keep a log of all calls, and if they do call at work tell them you have reported them to the ICO Complaints - Privacy & electronic communication - ICO

 

OFT and Trading Standards: http://www.consumerdirect.gov.uk/contact

 

and of course, the Police for 'blackmail' and see how they like that!

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Hi its jules, as you can see i don't know what i'm doing on these threads never been on one before :-) i am having sleepless nights after reading what this company get up to your letters above are very helpful and i will definately use them. The voicemail left yesterday was bascially a threat of if you dont call me i will call you at work.It dosnet bother me but my husband is getting very stressed over it.

 

once again many thanks for your help will let you know how i get on

 

jules :|

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