Jump to content



Link chasing Volvo (previously Mazda) finance - now claim form*** Claim Suspended***


Please note that this topic has not had any new posts for the last 2193 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

I too have just very recently had the notorious Letter from Link

saying that they have been assigned the debt we previously had with Volvo (previously Mazda) finance.

 

And by some uncanny coincidence, had the exact same letter you recd from Landrover (we recd from Volvo)

stating they had assigned our account to FCE who had reassigned to Link.

 

I too had a man on the phone from link who blatantly refused an offer of instalments

and asked me to go an apply for some finance to pay them off. SHOCKING!!!!!

 

This lovely man has stated he will give me until the end of next week to prove that I have tried everything to raise the money

before they proceed with action against me - so kind.

 

today I have 7 missed calls on my phone that I know are from them (unknown number).

I have decided that next time I speak to him, I will ask for his instruction in writing

i.e to go and try and get the money via loans etc and his refusal of installments.

 

Sorry for the long post,

I just wanted to let you know I am proceeding down the same path as you have been (and still are travelling)

and like you, am daunted by the whole thing although with every ounce of my body will fight this pond life.

 

I may need to start my own thread and Im sure the moderators will advise me on this.

 

Initially though I thought I would post on here due to the similarity in our plights.

 

Just want to say, what a wonderful site and some brilliant advice and support from what i have seen so far.

Link to post
Share on other sites
  • Replies 122
  • Created
  • Last Reply

Top Posters In This Topic

You should not be in contact with this company on the telephone. You should make sure that all communication is in writing. Keep all letters and envelopes from them and ensure you obtain at the very least, free proof of posting when writing TO them.

 

Just shout if you need any help.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thanks for the words of advice. I will certainly stop talking to them on the phone. Think I may need some support from you guys through this process.

 

Madge

Link to post
Share on other sites

We used to have lovely salary coming into the househld and

in 2008 [edit by dx from 1997 in 2014] took on a rental purchase HP agreement with Mazda Finance (interest free cn you beleive it?)

all was well and the payments were fine.

3 years then the option to purchase it at the end, hand it back etc etc

 

Then it all went horrible wrong.

I was self employed and my area of work dried up, forcing me to take lower paid contracts.

I was the only bread winner so this hit us really hard.

 

We maintained the payment with Mazda thought as we needed the car.

Other debts were going unpaid and as a result my credit rating fell through the floor.

 

At the end of the contract we tried to renew with Mazda for another car (stupidly) but was refused.

the only options were to buy it for 4330.00 or to hand it back.

 

We tried several loan companies but they wouldnt touch us.

The only other option then was to hand it back

- hmmmmm big probs here sa there was an excess to pay as we had exceed the mileage that was agreed.

So we were stuffed.

 

Worried sick I phoned Mazda who were now Volvo Finance before the end date of the contract to ask what our options were.

They agreed to extend the contract for 6 weeks to give us time to sort ourselves out.

Needless to say this flew by and

 

I phoned them back on the date they told me to.

They said they could extend the contract for 6 months and we could pay the balance over this. 4330 / 6 mths - you are having a laff.

Told them this was impossible.

 

they said the only option was to let it go to the next stage and I would probably be able to offer monthly repayments. Oh how wrong they were.

 

I then received the letter from Volvo advising they had passed the debt on to FCE who had reassigned to Link - oooh the lovely link.

Then received the letter from link saying they had been assigned the debt.

 

So thats the story so far - apart from them phoning me with the refusal to accept rmonthly repayments

and the advice to go and get a loan to pay them off.

 

When I tried to explain that I had tried back in Feb to pay Mazda off,

they said if we wanted to keep the car that much we should make more of an effort

Link to post
Share on other sites

Now, this just proves a point. Had you had that comment " to go and borrow .. to pay THEM off" then you would have in your hands, proof they are prepared to breach OFT guidelines.. cos encouraging debt to pay off debt is not on.

 

Question... do you still have the car !

 

Have flagged your thread for the site team.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi Citizen

 

I was enraged when I came off the phone from them and even more so when I read that it was indeed breaching the guidelines.

Im sure they wouldnt put this in a letter would they, but thats what I am going to tell them to do as I want to have all of my options in writing.

 

Yes we do still have the car. We felt that we had no choice but to keep it as we just couldnt raise finance for another, not even one much cheaper.

 

I know we owe the money - although after reading another thread similar, im not sure who we owe the money to.

I am happy to make payments to them, but I dont want them to treat people like this.

 

Thanks so much for your reply

 

M

Link to post
Share on other sites

Do what CitizenB says and refuse to talk to them on the phone - everything in writing.

 

A couple of questions: did MAzda/Volvo ever inform you of the assignemnt of the loan from Mazda to Volvo? (this is a requirment of s36 of the Law of Property Act 1925)?

 

Send Link a request under s79 of the CCA 1974 for a copy of the regulated hire agreement and a statement of account. Let's see if they all have their ducks in a row

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

Link to post
Share on other sites

I will Steven

 

With regards to Mazda sending a letter

- I can remember something in the distant past about it so they must have notifed me.

 

 

Will try and have a sort out of the paperwork and yes thanks for the advice re the request for info.

This is exactly what sort of advice I was looking for,

I will definately do this. Am I right in thinking all correspondence should be recorded delivery.

Link to post
Share on other sites

Madge,

 

All legal requests should be sent at the minimum by Recorded Delivery. Keep the receipt and check the Royal Mail Website a few days later, download the page that advises delivery/signature.

 

If you are sending general correspondence then you could at a pinch get away with a free proof of posting slip from the post office.

 

IMHO, it is worth the extra cost using RD/SD just for peace of mind.

 

The s79 request steven advises you to make should be accompanied by a £1.00 postal order/cheque.

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Was the original agreement really taken out in 1997 or is that a typo? it WAS a TYPO

 

 

dx

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

Link to post
Share on other sites
  • 3 months later...

ive not been around for a while.

My lovely friend, Link seemed to lose interest in us for a while.

I didnt send off the CCA request (section 77) nor did I contact them by telephone and they went quiet.

 

I have now received a letter some 3 months later which is a form that they are inviting me to complete allowing them to take possession of the car.

No explanation in with it, just the form.

 

 

Hmmmm I think I do need to send the CCA request off now and sort this matter.

We do want to keep the car as hubby needs it for work,

we cant get another loan to buy another so i am happy to pay the debt off in installments (affordable ones)

but doubt they will buy any of this.

Can anyone advise me if this is the logical order to do things in

 

1) Write with request under CCA section 77 (does anyone have a template link for this please?)

 

2) Once they have sent this and it is in order (of course it will be), make our offer of monthly payments

 

3) Once they refuse this, request a time order to the court.

 

does anybody have any experience in this area and can advise me what to do about this please.

What would happen if I ignore this letter (form)

There isnt anything on the letter telling me what would happen if I fail to return the form

 

I think my head is going to explode

Link to post
Share on other sites

1) Write with request under CCA section 77 (79) (does anyone have a template link for this please?)

 

You should have done it in May Madge, as advised by Steven, you have to be on the ball with this crew, they are building towards litigation.

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Never too late but act now and don't allow any further momentum.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Your situation with Link is similar to many others including mine.

They wanted to take back my car AND have me pay the balance of the finance.

 

 

Eventually they took me to court after I refused to let them have the car back.

I admitted that I owed the money but after 4 court visits and a lot of arguement about the actual balance

they were ordered to produce an accurate balance and I was ordered to produce what my version of the actual balance was.

 

 

On the 5th visit my figures were accepted and I paid off the balance on a monthly basis.

The moral of the story is do not be too concerened if it goes to court.

It is most likely that you will only be ordered to pay what you can reasonably afford.

Dont let the parasite dca's prosper

Link to post
Share on other sites

Batman,

you have really put my mind at rest,

thank you for sharing your story.

 

 

I have no doubt it wont be easy dealing with these Muppets and I dont deny that I owe this money.

The form that they sent is for me to sign to allow them to take the vehicle,

for the car to be sold at auction and for any shortfall to be paid by myself .

 

Im sure in my terms and conditions, it allows me to hand back the car

with no further payments after I have paid 1/3 or 1/2 or something like that.

 

The other thing is, Im a bit confused as to why the advice is to get a CCA first.

is this to make sure they actually have a right to ask me to pay,

does it mean if they cannot provide it they cannot take any action against me?

 

 

Sorry to sound thick. Im not looking for a reason not to pay,

I just want to make sure that it is all done properly.

 

Thanks again for your post

 

Madge

Link to post
Share on other sites

The other thing is, I'm a bit confused as to why the advice is to get a CCA first. is this to make sure they actually have a right to ask me to pay, does it mean if they cannot provide it they cannot take any action against me? Sorry to sound thick. Im not looking for a reason not to pay, I just want to make sure that it is all done properly.

 

They can try but will think twice if the paperwork is not in order.

Gives you the higher ground and if you had done it 3 months ago and they had not responded

or couldn't you would not have received the latest letter from them.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

I take your point Andy.

 

I have my letter requesting CCA ready to post tomorrow with the postal order for 1.00 and will send this recorded delivery.

 

 

I know they are just trying to take the easy option and get me to surrender the car voluntarily, why wouldnt they?

 

 

Saves the hassel of court action etc.

Whether I should have done this back in May does not change the fact that I wont just roll over and let them just have the car.

 

They refused a genuine and reasonable (in my opinion) monthly repayment plan and tried to get me to take a further loan out to settle the debt

(even though I told them we could not do this) they did not give a stuff.

 

 

I am inclined to think that these criminals would just do anything regardless of whether I had acted 3 x months ago or not.

 

 

But then we will never know.

 

Just want to say tbough ..... Gosh this forum is good!!

Link to post
Share on other sites

As you state the car is legally yours if 2/3rds have been paid ( I think, HP not my forte) get your request off and see what transpires.

If it moves to the next stage as in Batman1956 case we will deal with it from there. (print your name on the request)

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

These parasites try to feed from lack of knowledge and fear.

If they phone you it may be worth name dropping CAG.

 

 

Although they will act as if this site is no good it will put them on their guard

as they really know that the advice that you get here is generally sound.

 

 

Your agreement should state in actual figures the amount that should be paid

so that they have to take steps to recover the car.

 

 

It is usually something like 2/3 and then the cash sum.

 

 

Check what your agreement says and then work out if you have paid this amount and what they then have to do,

for example go to court to get the car back.

 

 

If you are in the clear this way then let them take you to court.

 

 

Did you make the payment offer that you mentioned in writing? If not it may be worth starting to lay a paper trail

as this will be useful if it does end up in court so that you can show that you are trying to be reasonable

and not avoid paying what you admit you owe.

Dont let the parasite dca's prosper

Link to post
Share on other sites

Hi Guys

 

I have sent the CCA request off today by special delivery - cost me bladdy 5.45 GULP!!. Worth it though.

I printed my name on the bottom following your advice Andy.

 

Batman, I verbally made the monthly offer so there is no paper trail.

Do you think I should make the offer in writing now??. Or wait a bit?

I was going to wait to receive the CC and then as long as it looks ok, make the offer.A.

Is it best not to wait at this stage? Ooooh im a bit confused.

 

It states on my origininal agreement

- 'Repossesson rights I we have paid at least one third of the total payable (that is 4563.37)

we may not take the vehicle against your wishes unless we get a court order'

 

 

We paid 35 payments of 187.00 making in much more than the amount they are stating.

 

I have sorted through the paperwork and found

 

1) Default notice - sent by Mazda Credit dated 23/03/2011.

 

2) Letter from Volvo car finance - stating the account is being assigned to FCE bank weho have reassigned it to Link Financial Ltd

 

3) Letter from Link Financial headed 'Sale of your debt'

 

Content -

 

We Link financial ltd hereby give you notice or intimation that effective from 03/05/11

Ford Credit assigned to us the benefit of the debt that you owe them under an agreement

with the reference number set out above.

 

 

We have appointed Link Financial Outsourcing Ltd to administer and the recover the debt on our behalf

 

As a result of this assignment your debt is now owed to us and any payments should be made to us,

at the address above. Total liability outstanding is 4443.00. As a result of your default we hereby terminate the hiring and the agreement forthwith

Link to post
Share on other sites

Ive just notices how many companies have been involved since taking out this agreement

 

1) Mazda credit

2) Volvo car finance

3) Ford Credit -

4) Link Financial

5) Link outsourcing

 

What a kerfuffle

Link to post
Share on other sites

They come out from under the stones when there is a whiff of money:madgrin:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

In my opinion you should make the offer you made verbally in writing now

although I am happy to stand corrected if anyone else thinks different.

 

 

It is clear that you admit the debt so to wait for the paperwork will not give you any advantage.

Having paid as much as you have it may be worthwhile dropping it into your letter

that you know what they must do to get the car back in other words take it to court.

 

 

They know that you will only be ordered to pay what you can afford and as long as you have demonstrated a willingness to pay

then it is highly unlikely that they would be granted a reposession order.

 

 

The only thing that they stand to gain is a repayment order which you must pay without fail.

Dont let the parasite dca's prosper

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...