Link Financial - Strange Letter

[dzaster]

Hi all

 

long time since I last came here and glad to see everything is still as it was

 

I have today received a letter from Link Financial, see below for text as i dont have a scanner

 

 

Dear Mr XXXXXXXX

 

An application for credit (bank loan, credit card etc) occured in the name of :

 

APPLICANTS NAME : MR XXXXXX

 

This application was at an address different from your own however that address is currently linked to your own home address

 

We ask that you contact our offies to discuss this on 02920 808610

 

Yours Sincerely

 

Robert Barker

 

 

Stupidly I contacted them to find out what this was about as unfortunately I have recently been victim to bank card fraud, where my account was emptied (£200+)

 

They then passed me through to a gentlman called Emmanuel Oliver who started saying I had a debt through GE money and they wanted an immediate settlement.

 

I am now a little worried as I had not known this debt had been passed over to these people and find it strange that just after the bank card issues this letter arrives.

 

As you can imagine I am now a little worried and would appreciate any advice

 

Thanks in advance

[silverfox1961]

Hi,

Bookmark this link (no pun intended)

 

http://www.consumeractiongroup.co.uk/forum/content.php?68-debt-collection-library

 

In there is the "prove it" letter should you decide to contact them

 

Do you know of this debt?

If yes, When was the last payment on this debt?

Were you ever defaulted?

Was this account terminated?

[dzaster]

thanks SilverFox

 

Will look into this and perhaps send them the required letter

[harrassed senior]

Unfortunately, this will be as a result of 'big brother'. It seems we can do nothing in this day and age that does not spread like wildfire through every computerised system known to man.

 

This may well be part of the 'Security' set up by the Government to allow CRAs to report any activity that could be carried out to claim benefits etc. Not say that this applies to you, but the same system will report all actions.

 

And we think of our financial transactions as private, as has been mentioned elsewhere, only safe place for your private financial dealings is under your mattress:!:

[DonkeyB]

I think this is more like a deliberately misleading letter just to get you to contact them and show yourself. It’s a highly misleading tracing method, and in all probability is based on a lie – it is unlikely any such application was ever made, in my view. It is against OFT guidelines on so many fronts.

 

A debt collector would NOT contact you because an application had been made in your name – it would be absolutely none of their business, and for them to pretend that in some way they have your best interests at heart is absurd. You must complain about this letter to trading standards and the OFT. I think the Information Commissioner’s Office would also love to hear about this.

 

Can you tell us more about the letter? Did it clearly identify Link and what they do? If it wasn’t clear they are a debt collector, then that’s out of order. As silverfox says, the prove it letter is the best first step, but only if they try to contact you further.

 

In short – you’ve been had over. They are getting ever more desperate.

 

It’s pretty clear you’ve not been informed of any assignment too.

Edited October 19, 2010 by DonkeyB

[dzaster]

Just had them on the phone trying to get more information from me, I told them to contact me via writing.

 

The strange thing is I am ex directory and my number is blocked from being shown when I do make calls.

 

Will be drafting the 'prove it' letter this morning and also passing the original letter to TS and OFT

[DonkeyB]

And the Information Commissioner!

[dzaster]

not had chance to do anything so far due to work commitments, however this morning I received a letter from asset LINK capital

 

As i dont have a scanner i have typed up the salient information

 

We, Asset Link Capital (No1) limited ("ALC"), hereby give you notice or intimation that effective from 22 February 2007 GE Capital Bank Limited (t/a GE Woodchester) assigned to us the benefit of the debt that you owe them under an agreement with the reference number set out above ("your debt"). We have appointed LINK Financial Outsourcing Limited ("Link Financial") to administer and recover your Debt on our behalf.

 

etc...

 

if we do not recive full payment within 15 days we will instruct a Debt collection Agent or solicitor

 

It then details total amount owed and threatens legal action or bailiffs, judgement on assets/property.

 

My query is simple - is it not the original company who sends the assignment and not the DCA?

[DonkeyB]

Pretty much anyone can notify an assignment, providing it is clear and unambiguous as to the nature of the assignment. There’s a bit of case law on this.

[dzaster]

Fair enough but 2 yrs 9 months after they were supposedly assigned they decide to tell me? Seems a bit strange especially after the original letter

Edited October 22, 2010 by dzaster

[DonkeyB]

I was just about to add exactly the same point – they should have been sending you statements during that time anyway.

 

Sounds like they used a dubious tracing method then sent the letter – you should add this development to your complaints. It pretty much proves what they were doing was against OFT guidelines and misleading.

[dzaster]

right will have to dig out a printer and get them a prove it letter sent as advised earlier

[DonkeyB]

Now that you have the info, and they are threatening legal action, you may as well go straight to CPR and flush them out, or send a CCA request to Link and a SAR to the original creditor.

 

I can’t understand why they have waited three years to contact you.

 

Before you move on, can you provide more details about the original account? When did you last make a payment? Did you receive a default notice from GE? (In some cases, GE don’t send DNs but simply sell the debt on; if this is the case, and they have demanded the full balance without first issuing a DN, then they have a problem) Was it a credit card or store card? When did you take it out? Any info would be useful.

[moreinfo]

I found this thread online because I have been in an utter panic about receiving the same letter. They sent it to old addresses and my current address, even though I have been in contact with them and they know where I am (although I am disputing my credit agreement or at least I already have an account with them and I am assuming it is about that).

 

What really worried me was I may have another address listed where they can find me, not my address, as I recently got a temporary (very short-term address) and now have been in bits about them coming to the door etc there too.

 

How much information do debt collectors have from your credit file? Also, it has gotten me thinking, do they get to go into government databases like council tax/benefits etc like a previous poster maybe mentioned. Surely they aren't allowed all this access...or are they?

 

I don't know what to make of this letter or why they are sending it to old addresses too.

Edited October 22, 2010 by moreinfo

[dzaster]

Hi guys

 

Sorry for not getting back to you for so long, I have been away for work.

 

DonkeyB - really cant remember much about the original account if indeed it is mine, but what i do remember is that i have never had a dn sent from the original creditor (GE Woodchester).

 

Thhings have also moved a bit further forward as I had sent a letter asking them to only contact me in writing and today I received a phone call whilst in the office. This has concerned me quite a bit as now the office receptionist knows I am being chased by a DCA and she is quite a gossip. This could actually put my job in jeopardy

 

i have now reported them to OFT and TS and am awaiting their response. They have advised to keep a log of all calls made by them to me as evidence for a harrasment charge.

 

Dz

[DonkeyB]

Any update dz? Other people are getting the same letter again.

[charlotte_iw]

I also recieved the same style letter from Link, stupidly called them and since have been communicating via email to which they seem to refuse to reply to and only send letters or call. My 'debt' was an old store card - also GE and I never recieved any letters etc from them. Link as per my request have sent me a copy of the contract signed by myself - however it seems was signed incorrectly - I signed the sales assistant box and the sales assistant signed the T&Cs / contractual agreement. Where does this stand me? I

Apparently made 3 payments against the account many years ago approx 5 years - however the account was registered to my parents address (where they still live) and

I never recieved any communication in that

Time period.... Could really do with some help - due to give birth next week and could do without them hassling me. Any advise welcomed?!?