Link Financial rear their head again after a years lull

[bartezno1]

I havent posted for a while as I have had a fairly quiet time correspondence wise but recently Link Financial Outsourcing (as they now seem to be known) have wished me a Merry Christmas.

 

To sum up my previous posts they bought two alleged MBNA debts in 2007 and after being CCA'd could not provide the legally binding Credit Agreement (see my threads)

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?165368

and

http://www.consumeractiongroup.co.uk/forum/showthread.php?172633-Bartez-v-LINK-FINANCIAL-Final-Response!!!!!

 

On Thursday of last week a call was received on a work mobile from someone claiming to be the occupier of my old flat and wanted me to confirm who I was and what to do with a pile of mail he had for me. Without divulging anything I requested he just mark the mail as 'not known at this address' . My alarm bells were already ringing. He then asked if the forwarding address he had was still current....I never left a forwarding address so I now know this guy was from Link not a new flat dweller. Sarcastically I said to him 'enjoy the flat then hung up!!!'

 

On Friday of last week a call was received on the same work mobile asking to speak to me by name. The caller identified himself as being from Link and asked if he was speaking to me the person named on the account. I stated that the person he referred to was not contactable on this number and that this was an internal work number and not to be used. The caller from Link then referred to the call yesterday from his colleague but that he would delete the work number.

 

Now have Link because they identified themselves to a work colleague , breached the Data Protection Act and OFT debt collection guidelines.

 

Today in the post at a new address I received 2 letters from Link referring to the two previously disputed accounts introducing Link as a company and stating that they had bought the debts from MBNA in 2007 and would I contact them to discuss repayment.

 

Do I mail back starting the whole CCA process again or do I simply send the Account In Dispute letter?

 

What guidelines if any have Link breached ?

 

i.e . Chasing an already in dispute debt?

Misrepresentation?

 

Advice appreciated.....

 

Bart

[harrassed senior]

2 choices here, the prove it letter, or the bemused letter, or

 

'Tis the Season etc. Loads of this are being sent to try and cause maximum misery at this time.

 

Contacting you at work does breach OFT guidelines which you can deal with once correspondence is started, but my own personal advice would be to enjoy the Season and deal with next year.

[HP Mum]

I think it is the "season" as Link have reappeared in the last month or so demanding all sorts of things and never replying the the get lost letter I send them too. I am about to redraft a letter to the new man dealing with my case at Link reminding him that Link do not have an account with me.

 

I am not so sure that ignoring them is the best action. Isn't there this new "law" where if a dca can prove that the person has not responded to their calls and letters then a judge will not look favourably on the debtor... Yes I know Link ignores our letters, but at least if we send them the judge can not side with Link so quickly....

Just my 2p worth...

hp mum v mbna is my thread.

[jimbo45]

Hi all

It's incredibly amazing how many old debts seem to come out of the woodwork at this time of the year --just shows what a whole VILE, STINKING and CONTEMPTUOUS industry this is.

 

They KNOW that people will in any case have more expenses at this time of the year whatever their circumstances --so it's obviously designed to cause maximum stress etc etc.

 

Even a Pea sized brain --which is usually much larger than their threat monkeys on the phones have as a GROUP-- would tell them that paying a third party DCA a sizeable chunk of money just before XMAS just ISN'T going to happen whatever the circumstances.

 

They are just trying their luck or making a last scramble to obtain a free XMAS bonus.

 

Let them stew in their own juices until after XMAS. With Post and Courts not operating fully over the holiday period there isn't anything they COULD do even if they wanted to.

 

Cheers

jimbo

[42man]

Link got a slap back in May of last year - http://www.oft.gov.uk/shared_oft/press_release_attachments/Link-requirements.pdf

[Tingy]

I don't think they've breached the DPA just by saying they're from Link. Had they said they wanted to talk to you about a debt you owed them, then it becomes a breach.

 

My procedure is standard. Ignore the first letter. If they write again send a Prove It letter (80-90% of the time this stops them dead) then respond as necessary CCA, SAR etc.....

[victoria_siempre]

Hi guys

 

Perhaps we might invite ourselves to thir house warming?

 

"

A debt collector who’s been doing very well in the credit crunch has also become a Tory donor. Selina Burdell, who runs debt collectors Link Financial with her American husband Paul, gave £25,000. Her firm specialises in buying “distressed debt” and chasing the debtors. Business is certainly good for the Burdells – last year they began a £20m scheme to improve their Chelsea home by knocking down two neighbouring houses and building a seven-storey mansion.

Many debtors complain that Link Financial “hounds” them, and last year the Office of Fair Trading officially warned the firm to stop using approaches to debtors’ next-door neighbours as part of its collections strategy."

http://www.private-eye.co.uk/sections.php?section_link=hp_sauce&issue=1277

 

 

love

 

 

vic

[Pathway]

Hi

 

Link must have started on their 2008 debt purchases - or are trying to!

 

If I recall Link Financial Ltd purchased some debts from MBNA and others.

 

However,

 

a totally seperate company calling themselves Link Financial Outsourcing Ltd are now contacting

people about their debts to Link.

 

BUT

 

Link Financial Ltd and Link Financial Ousourcing Ltd are totally SEPERATE companies - and both have

different company registration numbers!!! - and are both seperate legal entities!!

 

So, technically speaking if Link Financial Outsourcing Ltd are contacting you then have no dealings with this company at all - your debt may have been assigned to Link Financial Ltd and NOT Link Financial Outsourcing LTD.

 

Hope this helps

[victoria_siempre]

Hi pathway

v. useful

 

reminds me of an old barrack room phrase:

 

"Big fleas have little fleas upon their backs to bite 'em; and little fleas have lesser fleas, and so ad infinitum"

 

love

 

vic

[bartezno1]

Hi

 

Link must have started on their 2008 debt purchases - or are trying to!

 

If I recall Link Financial Ltd purchased some debts from MBNA and others.

 

However,

 

a totally seperate company calling themselves Link Financial Outsourcing Ltd are now contacting

people about their debts to Link.

 

BUT

 

Link Financial Ltd and Link Financial Ousourcing Ltd are totally SEPERATE companies - and both have

different company registration numbers!!! - and are both seperate legal entities!!

 

So, technically speaking if Link Financial Outsourcing Ltd are contacting you then have no dealings with this company at all - your debt may have been assigned to Link Financial Ltd and NOT Link Financial Outsourcing LTD.

 

Hope this helps

 

Absolutely priceless information....many thanks Pathway....I will ignore the first and see if they follow up.

 

Merry Christmas He he

[harrassed senior]

I have an evil mind, as so many of these are being received at this time of year, and with the closures and delays over the Christmas and New Year period, how about we all mail our replies on the same day, say Monday 3rd January 2011 that would keep em busy after the long break!!! Apoligies in advance to Royal Mail

[mikesmotor]

My wife has just been sent a letter by Link Financial outsoursing regarding an MBNA debt that we know nothing about. It mentions that she has been served notice under section 136 of the Law of Property Act 1925. Should I send them the initial 'get stuffed' letter or the rather more official 'prove its our debt' letter. Any advice would be gratefully received.

 

Regards

 

Mike

[bartezno1]

As a follow up to Link writing to me I CCA'd them again.

They responded with a tear off slip as previously posted for an MBNA Account and an online Application form or pre-contactual agreement (not showing a credit limit)for a Virgin credit card.

 

I have responded with the 'I do not acknowledge any debt etc You have failed to supply etc' but two more letters have arrived which are very interesting. Please note also I have made no payment on these alleged debts to Link.

 

Link Financial Outsourcing have sent me a Statement of Account on both alleged debts which clearly shows they have deducted the £1 sent for the CCA from the Balance of the alleged debt.

 

What is my next move please as I know this goes against all policies thrashed out on these forums.

It was clearly stated on the letter the £1 was for a CCA only.

 

Advice much appreciated.

 

Regards

Bart

Edited February 22, 2011 by bartezno1

[AuntRene]

Nice to know it's not just me then!

I had a call yesterday from them too on my mobile.

 

ME: Hello

Link: Can I speak to Aunt Rene please?

ME: Who is this?

Link: Oh hello my name is **** and I'm calling from a company called Link, I need to forward some mail to a Aunt Rene. Did you use to live at No1 Anystreet?

ME: I don't know where that is

Link: Oh you didn't then move to 24 Anyclose?

ME: I don't know where that is either

LINK: Was you born 31st June?

ME: No, where did you get this number from?

LINK:Credit agency

ME: I don't who you are?

LINK: Looks like a mistake was made then -

 

I hung up before he could finish...

[Tingy]

I'd send them a letter insisting on your money back and informing them they are directly in breach of the CCA 1974, otherwise you will be reporting them.

 

I know it's only £1.00, but the principle is an important one and worth defending. It may also be worth saying that as they have used the money for a purpose that was specifically stated by you it should not be used for, it amounts to theft and you will be reporting it to the police and the OFT.

[mikesmotor]

My wife has a despute with link regarding a desputed MBNA account all they've managed to produce so far is an application form for a bank of scotland credit card. We've just sent the official ' you've failed to produce the evidence letter'. i would be gratefull for any advice from this point on.

 

Regards

Mike

[Tingy]

Basically if they have failed to comply with your CCA request, then after 12+2 days from the day you sent the letter they are in default of the agreement. While in default they cannot legally take enforcement action on the account; similarly you are fully within your rights not to pay them one penny until such time as they do comply with your request. Most send the "In Dispute" letter.

 

You might consider, if you think they don't have a true copy of the agreement asking them under CPUTR 2008 whether they have it.

[angry cat]

The new Link strategy has been noted.

[markbmunro]

Hi all,

 

I am new to the forum, so if I have posted in the wrong place sorry.

 

I have had some letters from Link Financial Outsourcing Ltd (Caerphilly address) regarding an old Clydesdale bank loan my wife and I took out back in 1995. It was originally for £1300 but there is an outstanding balance of £886.23 on it.

 

Got a letter from them a bit back saying that they had taken it on or something, then in August last year got a statement of account letter. Nothing from them since this.

 

we have been to the CAB in regard to other debt as well, getting them to negotiate with all our creditors to accept token payments at the moment. Started back in Nov/Dec last year but they have not heard back from Link.

 

Was just checking the statement of account from link again today and noticed something funny about figures. The interest being charges was being added as CREDITS, reducing the debt rather than adding to it.

 

OPENING BALANCE (01/09/2009): £886.23

CLOSING BALANCE (31/08/2010): £882.93

CAB suggested we start sending token payments even though heard nothing from them. I had not come across this forum at the time of going to CAB. So there has been a letter (along with a budget thing) offering token payment has been sent already.

 

Suggestions, comments, advice welcome.

[angry cat]

Wonder why Link are handling old Clydesdale accounts?

 

Maybe, it has been outsourced to them for collection?

 

DCA's have to provide post contractual statements under the CCA 2006 (fully implemented 30 October 200 8

However, the information shown on the statements must be correct; there is no room for error!

 

When did you last acknowledge this debt or, make a payment to Link?

[Tingy]

Not only Link handling them. Another company I'd never heard of also handling them - First Beacon Legal Services.

[batman1956]

Also based in Cardiff I smell a yat

[angry cat]

First Beacon Legal Services is a branch office of, Robertsons.

 

Broom cupboard (debt) solicitor?