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Bluganoo

Help needed dealing with Link Financial!!

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Hi All

 

im i new member on here.

 

i found you while doing research on a debt recovery company called Link Financial and in all honesty what ive found on here scares the life out of me!!

 

quick history

 

i got into debt after my marriage ended and a property deal went pear shaped. i ended up not been able to repay my debts and got involved with a debt manegment company called Chase Saunders (stay clear if you can) they helped at first and got my debts down to a managable level.

 

all my creditors but one was happy to take what i could afford but GE Money would not accept what i could afford Chase Saunders advice was to let the debt default and then we could deal with the debt collection agent. i didnt like the idea but they were the experts (not).

 

ive just managed to discover that Chase Saunders put themselves into volentary liquidation in June they have still been taking my money but not paying my debts. so today i stopped the direct debit and contacted all of my creditors to set up payments directly. that was when i found that GE Money had sold my debt to Link Financial so i rang them to try and come to some arrangement.

 

they were very "understanding" and said they only wanted £1700 as soon as possible that a payment plan was not an option. it was suggested that i approach my mortgage company to raise the finances. or that i could get a loan off the internet (he did say this was not ideal as it would be expensive). he even suggested i could borrow cash from family or friends or even get a friend to get a loan for me.

 

i was told that they would need proof if i was turned down by my mortgage company because it would look better if i could prove i was trying to find a way to pay the debt.

 

so i started looking into them on the internet and found this site so i need some advice and quick because they are ringging me back on thu evening.

 

ive just about arranged to pay all my other creditors using the amounts chase saunders set out for me only one of them would prefer me to use CCCS or similar and i was going to talk to them again now i have all the others agreeing to take payments.

 

what im wondering now is would i be better to get involved with the CCCS because then at least i would have a recommended repayment amount by an independant third party. this isnt what i want to do (im sick of been let down by third parties) but im looking for advice, any suggestions would help after what ive already read on here.

 

cheers..

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Morning and welcome

 

First rule is DO NOT phone any DCA as they will do whatever they can do get you to pay and tell you porkies accordingly

 

In this case the guy you spoke to has already breached both the CSA Code of Practice and OFT Guidelines by suggesting you get a loan/borrow money to pay them . . .

 

CSA Debt Collection and Default Guidelines

 

i) Not pressurise debtors to sell property or to

raise funds by further borrowing.

 

 

Insist that everything is done in writing and if you have set up Direct Debits try to switch to Standing Orders as they can only be varied at your request

 

Lots more info will come through from those with experience of Link

 

Good luck

 

R

Edited by Revenant
Couldn't spell

[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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Agh, good old link farcical. Continually spouting untruths and attempting to exploit the debtors lack of knowledge, well, fortunately for you, you found CAG and will now learn your consumer rights and will be able to send these fools packing.

For their uneducated efforts to get you further into debt by borrowing more money you should make a formal complaint to the OFT&TS via http://www.consumerdirect.gov.uk/contact

 

 

As has already been said, keep EVERYTHING in writing from now on, so you have a paper trail of evidence if it is ever needed.

What is the debt that farcical are stating you owe? Is it a Credit Card Loan Overdraft?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Yes definitely complain, have been recommended this site by emandcole - will get them to have a look as they have shown link the door in the past. Good luck with them.

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hi all

 

Ive had link financial on the phone again.

 

Ive been to my bank and mortgage supplier and told them of the pressure I'm been put under. both have supplied me with letters to say they will not extend me any more credit.

 

link have asked me to email them copies of these letters, but they will be getting copies of them by recorded delivery. i offered them £20 a month (can afford a bit more but figured they would push for more so kept my offer low) but he just seemed to let my offer just slide past.

 

this debt is mine it was a credit agreement to buy a holiday club but at the moment i don't have the funds to keep up the payments

 

they have given me a week to explore other options told him there aren't any but just didn't want to hear it.

 

this company has got me back to sleepless nights all the debt recovery company's Ive dealt with have been fine as long as i was making an effort to pay. Ive got most of them to agree to me paying them directly but now i don't know weather to get some one like cccs involved

 

just don't know what to do for best any further advice will be greatly received

 

many thanks

 

Blu

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Stop talkiing to them on the phone, that is the first step. One they get you on the phone you are in their clutches, they will them intimidate you with lies and threats of what will happen if you don't pay now. All of which is utter bull sh*t. All they want is payment, they are not interested if anything you have to say unless it is your card details

 

If they ring again refuse to answer there security checks, tell in writing only please and put the phone down

 

You are not obliged to send them any documents/letters you have obtained from the bank, it has got nothing to do with them weither or not any further credit is available to you.

 

Finally YOU decide how much you pay them, not the other way round, don't take any notice what Link Farcical have to say.

If £20 is all you can afford, then that all they get. NEVER set up a direct debit with a DCA, or you will find your account cleaned out. Pay by standing order or internet banking.

 

Have you considered requesting a copy of your credit agreement from LINK to see if they have any legal right to collect on the debt?

 

Don't be bullied into paying what you can't afford to the likes of LINK and get your complaints off too.

They prey on the ill-informed, of which you are no longer.

 

Get a good nights sleep in the knowledge you are in safe hands on here and LINK have no powers whatsoever, they just think they have

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Take BB's advice....they can not do anything to you.

They have no legal powers whatsoever only the Original Creditor can take you to court unless they have bought the debt and can provide a fully enforceable agreement.

Don't worry and listen to advice on here......now go and have a good nights sleep.....zzzzzzzzzzz

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We can offer help with most if not all of your finances if you would like.

 

Credit Cards, loans and the like can be sent a CCA Request which should confirm if they even have the right to be chasing you for anything.

 

It is not for these low life companies to dictate how you will use YOUR money, it is for you to decide how much YOU can afford to re-pay, assuming that they actually have the right to insist you owe them.

 

There is nothing they can do to force you to go to any company dealing in debts, there is nothing these can do, that you cannot do yourself.

 

As has been said dcas are entitled to no documentation concerning your financial circumstances, and if their telephone calls become excessive there is a harrassment template letter which can be sent to them.

 

These companies and the majority of their staff are really to be pitied because of their lack of understanding that the Laws and Guidelines of the financial industry in which they purport to work actually apply to THEM. Hence why we suggest not talking to them on the 'phone as they will lie, threaten, etc as you have already found out. They are the ones who need to be scared as more and more of the previously oppressed debtors are finding CAG and rising up against them!!


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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I've had link financial on the phone again. Put the phone down as soon as you know it is them, whatever they want to discuss can be sent in a letter.

I've been to my bank and mortgage supplier and told them of the pressure I'm been put under. both have supplied me with letters to say they will not extend me any more credit.

link have asked me to email them copies of these letters, but they will be getting copies of them by recorded delivery. They have no legal right or qualification to view such information, send them NOTHING!

 

i offered them £20 a month If this was over the phone then they will deny ever receiving such an offer STOP talking to them on the phone, you MUST have a paper trail of evidence, unless you can record your phone calls?

 

this debt is mine it was a credit agreement to buy a holiday club but at the moment i don't have the funds to keep up the payments

Doesn't matter peoples circumstances change you can only offer to pay what YOU can afford, NOT what they try to dictate to you.

 

 

they have given me a week to explore other options told him there aren't any but just didn't want to hear it. Foolish eejits, it is YOU who is in control NOT THEM. YOU should be giving them ultimatums and the chance to explore other options, this is exactly the reason why you should NEVER talk over the phone to these imbeciles.

 

this company has got me back to sleepless nights Because you spoke to them over the phone, they will never commit any of their threats to writing, which is why speaking to them over the phone, unless you are a seasoned CAGger and can bait them, is a NO NO.

 

i don't know weather to get some one like cccs involved The choice is yours, you need to weigh up the pros and cons of using them, the harassment will still continue, you will still receive letters and phone calls, which you will have to forward to CCCS.

 

just don't know what to do for best any further advice will be greatly received

Stay off the phone, anything that they wish to discuss can be committed in writing, otherwise you will have no paper trail of evidence.

 

I know it is hard at first, and it seems impossible to deal with, especially with all of the myths and stories surrounding debt collection, this is not the 1980's, bailiffs will not just turn up unannounced kick your door down and take you TV and sofa, the law has changed, and there is a set procedure that has to be gone through way before any Bailiffs or other scare story you may have heard or grown up with, can ever be borne true.

 

Whether you admit that the debt is yours or not, does not necessarily mean that they have a legal right to be collecting it, I know I owe in excess of 55k, however there has not been a single document to make their threats of legal action enforceable. Link Farcical are definitely not ones to be losing a nights sleep over.

Edited by Bazooka Boo

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Bluganoo, I found CAG a year or so ago because I was fed up with being pestered for increased payments I couldn't afford. While I totally agree with those who say "don't deal with them on the phone", it's easier said than done when they ring you and start pouring poison in your ear. Really, believe what people on here say - I felt utterly empowered and it was a simple matter of knowing my rights and making that clear when they rang.

 

"I will pay you £20 per month, it is all I can afford" (practise in front of mirror).

 

When they say it's not enough:

 

"You do not decide what is enough, I do".(if you make regular payments, they won't take you to court, and even if they DID, you'd end up paying them what you can afford... ie £20 per month AND THEY KNOW IT. If they say they'll take you to court, either say "I look forward to it" or, if you can manage it.... laugh!)

 

In response to demands for information to prove your circumstances:

 

"I'm sorry but you are not entitled to that information" (this really stumped the woman at my DCA when I used it the first time - when asked "but why won't you supply it?", I simply repeated "you aren't entitled to it" - she then said "but we require it in order to establish your payment plan" - I replied "my payment plan will be £xx because it's what I can afford" - and so on)

 

After showing these **** who's boss, you'll feel a heap better and hopefully happy enough to toddle off down the post office to spend a quid on a postal order to demand your CCA. If they can't provide it (likely)....maybe you'll succeed as I and so many others on here have. Check out my Fenton Cooper thread for a very short beginning-to-end story that has saved me £6300)

 

Above all DON'T WORRY - your health is worth more than any debt.

 

This thread might help you feel better too:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?131409

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thanks for the moral boost guys.

 

I'm still coming to terms with all the acronyms that get used on this site but I'm learning slowly.

 

my problem is that i do feel guilty because i know i owe this money, but am getting fed up with been made to feel like a crook because my finances took a wrong turn. its not like I'm not trying to sort it out.

 

i don't know whats involved in sending a CCA or what the out come means. ive read stunned_moneys thread and it sounds good don't understand what it means. if a debt is unenforceable does that mean it just "goes away"? unless i fully understand something i find it difficult to stand my ground on the subject.

 

i have a number of creditors most of them are happy to take what i can afford but i while ago i got involved with cartel who said they could write off a lot of my debts on a no win no fee basis but they went under and left me out of pocket by £1300. so if there is a way to do this myself can anyone explain how or is it to complicated a subject to cover on here?

 

i owe about £50k after my wife ran off with her boyfriend and left me with some debts (divorce ain't cheap!!) and then a deal with my brother went south leaving me (& him) with a lot more debt. so if theres a way to reduce my overall debt then any clues on how to do this would be gratefully received.

 

i found this site looking for help with link financial but if the information ive found on here can help then maybe i will try my luck with some of the others too.

Edited by Bluganoo
spelling was terrible (really must read screen after typing)

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OK - first step :

 

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+2 days 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 Tradinglink3.gif Regulations 2008 (CPUTR).

If you intend to send a reconstituted copy of the CCA you must declare the reason why it has been reconstituted and if the original exists and in what form (microfiche) etc

 

 

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.

(Optional)

You should also note that I will only discuss this matter in writing and should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you or any of your associates.

 

There is only an implied license under English Common Law for people to be able 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.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance. (Optional)

 

I look forward to hearing from you.

 

Yours faithfully **Edit to suit**

Print name do not signlink3.gif

 

This is a request to send in the case of credit cards, loans etc. It does not work with overdrafts, mobile phone debt. etc.

 

Basically this is a request for sight of your original Credit Agreement. For many, if not most, Agreements before 2006/7 this paperwork does not exist. They will try and fob you off with all sorts of paperwork, hence the reason we ask that you post up the main part of what they send.

 

If what they send is not complete and correct in every details the chances are it will not be enforceable through a County Court and they know that.

 

This means that the ball is very much in your Court. You can either sit it out and wait for the debt to go Statute Barred or, they will probably start offering you a full and final offer to pay 50% or even less of the debt.

 

With regard to feeling guilty, this is of course a very natural feeling, hardly anyone goes into debt knowing they will get a sudden catastrophic change in their financial lives.

 

It is the attitudes of the OC's (original Creditors) and the DCAs (Debt Collection Agencies) that make us feel so dreadful and ashamed, but if, instead of issuing threats and abuse they wrote and dealt with people as human beings we would not take on the attitude, that St==f you, you are not getting a penny out of me.


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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i don't know whats involved in sending a CCA or what the out come means. ive read stunned_moneys thread and it sounds good don't understand what it means. if a debt is unenforceable does that mean it just "goes away"? unless i fully understand something i find it difficult to stand my ground on the subject.

 

"Unenforceable" means that they can't force you to pay through the courts.

 

Someone else started this analogy, but I think it's a very good one: If your telly went wrong within the warranty period and you took it back to get it repaired, you'd have to show your receipt. Your Consumer Credit Agreement is their "receipt" to a court to prove that you owe them money. Without it, they don't have a leg to stand on. The Consumer Credit Act is very clear on this point. So their only recourse is to try to "guilt" you into paying up.

 

I have two debts, and I never get any grief from one of them. I found CAG because of being pestered by Fenton Cooper and the result is that I've stuck two fingers up to them and walked away with their admission of not having a CCA,. In 6 years, it becomes statute barred, and in fact next February, it drops off the bottom of my credit report anyway.

 

I continue to service the other debt.

 

I can't tell you not to feel guilty, but you can guarantee that you'd be persued mercilessly to the full extent of the law if it was in their favour.

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Link financial are number one at intimidation.

 

Don't feel guilty, your not a crook. But you are playing into their hands.

 

Link's entire game plan is to put pressure on you and make you feel scared.

 

Stop paying any attention to them. If you must then pay your £20 a month but do not fall into their pressure trap.

I know exactly how Link work, I have been there with them over a GE Money debt but after I found CAG and got wise and grew some DCA beating balls they soon backed down and now leave me alone. All I get is the yearly statement, no other letters, no calls, nothing. They no longer have the balls to deal with me. Im the daddy now.

 

Link are only a threat when you know nothing.

 

Knowledge is power.


Ash.

 

If you think I have helped you, please add to my reputation by clicking the star button to the left.

Thankyou.

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thanks all

i haven't written to them yet (had my kids over the weekend)

but i have a couple of questions:

  1. why do we send postal orders and not a cheque
  2. and why not sign my letter

i would do as advised im just curious as to why.

thanks all for the advice my guilt is shrinking fast as i realise just how worried these people have got me what gives them the right!!

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Guest Cartaphilus
why do we send postal orders and not a cheque

and why not sign my letter

 

1) If you pay by cheque, your account details could be used ... to set up direct debit, or worse

2) Signing any letters, in the absence of a signed agreement ...

3) You are wisest not to allow them to have either of the two above things

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thanks all

i haven't written to them yet (had my kids over the weekend)

but i have a couple of questions:

  1. why do we send postal orders and not a cheque
  2. and why not sign my letter

i would do as advised im just curious as to why.

thanks all for the advice my guilt is shrinking fast as i realise just how worried these people have got me what gives them the right!!

 

Morning Blu

Cartaphilus is spot on re the details on a cheque

Regarding not using your signature . . it has been "hinted" at in other threads that signatures have been copy/pasted in order to validate documents, there's no actual requirement for anyone to sign a letter adding your name to the bottom is enough

Good luck

R


[sIGPIC][/sIGPIC] I asked them to wait whilst I got my Bank card :violin:

------------------------------------------------------------------------------------------

 

Information that may help if a CCA request is refused due to the lack of a signature . . http://www.consumeractiongroup.co.uk/forum/showthread.php?248863-Signature-demands-fight-back-possible-!&highlight=

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ive send them a letter complaining at there treatment and suggestion for raising funds

ive also sent the letter harrassed senior posted for me including the option for them to stay away from my home

so i guess i give them 12 days and see what happens

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You're still being too nice :sad:

 

Tell them how muhc you can afford and ask them for a copy of your agreement. Even if you still decide to pay them, it'd be nice to know you hold all the cards.

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its been over a fortnight since i sent link the recorded delivery letter but the post office tracker still says its in transit. not sure what to do if ive got no proof they have received the letter i assume i have to give them 12 days from when the post office confirms delivery.

my concern though is that the address i have for them is a PO box so who signs for a letter never done this sort of thing before so not sure how it works.

anyone got any idea?

cherrs

Blu

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I think you'll probably have it returned by Royal Mail - you need to use a proper street address for them, and send another letter - don't wait for the first one to come back.

 

30 seconds of googling revealed

 

http://www.debt-line.org.uk/LinkFinancial

 

(look to the right of the page). Send to the registered company address, you NEED that proof of delivery.

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Matters not, PO boxes do get signed for, if it is returned then cross that bridge when you come to it,, if however it is the address that they have told you to correspond with, then simply allow 14 'working' days from when you posted it for them to reply then send them the 'Failed' letter, if you know the date of when they received it, it's 12 'working' days to comply.

 

At the very least all you need is Proof of Posting, as they continue to send all of their letters via 2nd class or walk sort, and even a SD is deemed to be served upon posting, no proof needed.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Can anyone help? Last week we asked Link to provide some form of evidence that they actually owned the debt in question or get us a letter from MBNA stating that the debt had been sold on to Link.

Today my wife received a letter from Link stating " Dear ****** YOU HAVE BEEN SERVED A NOTICE You recently received aletter from us regarding your MBNA EUROPE BANK LIMITED account (4129************). That letter was a legal requirement under Section 136 of the Law of Propert Act 1925. We are disappointed that you have not acted upon our instructions and contacted our office. Please contact us upon receipt of this letter **************************. :-x

Unfortunately if you do not call, we will take further recovery action".

Not too sure what to do next. Any Ideas, please?

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#1 when you "asked for evidence", was it in the form of an official CCA request, sent by registered post with your £1 payment? If not, why not? ;-) They can ignore anything you can't prove.

 

#2 I hereby serve you a notice that I'm about to eat my lunch. (take their "notice" equally seriously).

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