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trouble with Link Finance


jennyjoyce89
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Hi i am new to this forum .

Just looking for a bit of advice really .

 

I used to have an excellent credit file/history until a former girlfriend stole my identity and took out loads of credit/ loans etc in my name whilst still living at my house when i had moved out.

 

Anyway to cut a long story short i used to get a brand new car via Ford credit every 3 years for the past 15 years approx .

 

The finance agreement type of thing was the one where i would pay a deposit then a set amount over 3 years (about £200) then after 3 years either trade in the car for a new one, hand it back and owe nothing or pay a remainder balance. In this case the final balance owing was £3336.

 

Due to my problems with my identity fraud i had trouble paying Ford Credit the final balance after meeting all 36 monthly payments on time.

Ford were kind of understanding towards me and gave me a 6 months to find the 3 grand , they were allowing me to pay it in £500 installments .

I then missed an installment and Ford lost patience with me and sold the debt to Link Finance.

 

Now Link are demading the full balance and are threatening court action if i dont pay up.

 

They reckon they have the power and they now own the car until the debt is paid.

 

I do intend paying off this loan but what are my rights ?

can a judge take the car off me even though i want to pay but cant afford the lump sum ?

can i not offer Link a reduced amount as a settlement just what i can realistically afford ?

can i pay Link in instalments ?

Have Link bought the 3 grand debt or the car as they are adament they own the car .

 

Any advice will be much apreciated

Edited by dx100uk
clarity.
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Hi and welcome to CAG.

Now I will say now that I'm not that good with sale of goods act stuff but, if my calculations are correct, you have paid more than a third of the value of the car which according to the Consumer Credit Act renders the car "protected" which means they car can only be taken back under a court order.

 

On to link. They are a bunch of toothless wonders. Only a court can force you to pay a lump sum. Deal with Link in writing only and tell them what you can afford. Stay off the phone-That is their tool of choice to harass and bully you.

 

You could use some of the letters HERE to negotiate with them. Tell them what you can afford and enclose that payment with the letter.

 

If it did go to court, you could apply for a time order to help pay this debt off but lets not get that far yet

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi thanks for the reply,

 

yes i did understand that as i had paid over two thirds of the cars value then a court order had to be obtained.

 

The car was originally priced about £11,500 .

The credit borrowed was about £8 000 .

 

Link have given me until dec 20th to pay the £3300 in full then say they will issue court papers.

 

I have told them i wish to resolve this and close the account and did make them an offer of £1000 which they flatly refused saying they now own the car and why should they allow me to buy it for £1000 when they know its worth a lot more.

 

I know all about their bullying tactics i have been reading the forums .

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link don't own the car and have no call on it.

 

as for the outstanding balance

 

you say link have brought the debt?

 

have you a letter from Ford credit stating this? and a notice of assignment from Link?

 

if they have, they have brought it for peanuts and certainly would not have paid the full £3k. more like 10-15%

 

might also be an idea to cca them, have they the legal right to demand this money?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 7 months later...

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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