2 year ongoing dispute with Link - advice please

[tarranty]

This has been going on for a while and I have read other advice on the CAG forum which gave me strength to fight it.. I thought I had won but now not sure where I stand with Link.

 

I bought some windows in July 2000 and had the cash but was duped (I realise now it was my fault) into signing a credit agreement which I was told I could cancel. I tried to cancel it but was told to carry on making the payments as it was in my interest. I know I was naive but I carried on with the regular monthly payment until I had paid them the £5,500 that the windows cost. I stopped the payments in October 2005. I heard nothing else until I was contacted by Link in July 2008.

 

After seeking advice I found that as I was self employed that I was mis sold the finance as it included Payment Protection Insurance against redundancy. I tried to explain everything to Link but soon realised they were not interested in anything but the debt which stood at about £7,000. After a lot of calls, threats, letter I received a letter from the court in November 2009 and wrote to them with my defence, then received a copy of a letter from the court to Link saying that the claimant had failed to file their allocation questionnare and they had 2 weeks to do so. That was the last I heard, from the court or Link until my birthday in June whehn I received a suprise but familiar Link letter to say they were still pursuing the debt. Again nothing for months until a call last week, I followed the CAG advice and told them that this was harrassment on the telephone and that I would only deal with written correspondence.

 

I just wondered if anyone had any advice on why they never completed the court action and what they can do now?

[huggys boss]

Where are link getting their figures from? Have they sent you any sort of breakdown of this?

 

Are they saying that you never paid for the windows?

 

I hope somebody can help you with this because I am confused.com

[tarranty]

Ok, sorry. Yes, I have been sent to original signed finance agreement and copies of a letter from the finance company detailing when I stopped making the payments. Link have sent a couple of statements showing the default amount plus interest.

[huggys boss]

So, if I am reading it right, the cash price of the windows was £5,500 and when you had paid this amount you stopped the payments?

 

Can you scan and upload the original agreement, removing all personal details and barcodes etc.

 

There is a tutorial here on how to use photobucket to upload into your thread.

 

http://www.consumeractiongroup.co.uk/forum/content.php?115-How-to-open-a-PhotoBucket-account-and-use-it-to-post-pictures-on-the-Consumer-Action-Group

[tarranty]

Hi, Just uploaded the agreement to my photobucket account but it's not recognising pdf's, I can insert it onto the page as an image but not sure if that's allowed. Yes, you are correct, I paid for the windows in full as I was initially told that this was an interest free agreement. I know it is not an excuse but (my wife's wring this as me) I am dyslexic and didn't even try to read the agreement before I signed, I naively thought the salesman was telling the truth. He even ticked the box to say I was employed when I was not.

[huggys boss]

It will be ok to post the agreement as a pdf, just make sure all of your personal info is hidden.

[tarranty]

Having a few problems here, it's not letting me insert an image using a pdf or as an attachment so I've saved it as a jpeg and attached the file. Not sure it will be big enough though.

[harrassed senior]

Too small to read, but is it just one page?

 

There are seperate forums on CAG and you should post of the one dealing with mis-sold PPI and this will help you re-claim that. Whilst that is happening the account will be in dispute, and therefore no action can be taken during that time in respect of harrassing you for a balance.

[tarranty]

Thanks for the advice, yes it was just one page, a couple more questions though, why, when it looked as though it was going to be heard in court, did Link back off and then remain quiet for so many months? After months of constant letters and phonecalls I am beginning to think it is a ploy to get the interest up so I owe them more!

 

Also, if the account is in dispute whilst I reclaim the PPI does this mean that I am acknowledging the debt, something that I have not done since the last payment in October 2005?

[harrassed senior]

That is a tricky one, I would suggest holding fire on claiming back the ppi until you have no information.

 

When in 2005 was your last acknowledgement/payment as it could be that the account will become statute barred next year.

[tarranty]

Hi, thanks for the advice, I will hold back on claiming for the mis-sold PPI. Last payment was October 2005. I just cannot understand why Link were so aggressive in their chase up until the date for the court case was set at the end of 2009 and then went quiet for months, then some 10 months later begin calls again. Is this a ploy to leave the chase up to the six year period so as to gain more interest on the debt perhaps?

[tarranty]

Right, just had another long call from Link, as we have had no contact until now I had never had the opportunity ro ask why they didn't provide the documents that the court had asked for. I was told that it was not Link who were taking me to court but GE Finance who had started the court proceedings BEFORE they sold the debt to Link. When Link reaslised that GE were taking me to court they stopped the proceedings on June 24th and took over the chasing of the debt. He could not explain why GE's name did not appear on the court letters and that they were addressed to LINK. He also told me that I needed to get a doctor's letter proving my Dyslexia. I just don't know where to go on this, does their explanation as to why they went silent for 10 months sound feasible?

[Huff&Puff]

NEVER talk to them on the phone!

 

That is a classic example of why not, they have told you a pack of lies. If Link were on the court papers then it is them that started the proceedings. And you don't have to provide them with any letters from anybody. Who the hell do they think they are?

[tarranty]

I know, I have read that advice so many times and got sucked in AGAIN! So I just cannot understand why they started proceedings and then stopped? I don't particularly want to go to court but am beginning to think that unless I do this is just never going to go away. I was duped into signing that agreement and honestly do not believe I should pay for it. There is still another 12 months to go before it becomes statute barred, do I jsu wait for more court action letters?

[huggys boss]

You can sit it out for 12 months and just play paper ping pong with them.

 

Again, DO NOT SPEAK TO THEM ON THE PHONE, AND NEVER SIGN ANYTHING YOU SEND TO THEM AND NEVER, NEVER, NEVER FILL IN AN INCOME AND EXPENDATURE FORM!