Link Financial Services - collecting on poss SB debt?

[citizenB]

many thanks All

 

I would appreciate a review of the following letter I plan to send

 

Many thanks in advance

 

 

 

 

The Loan Company

Company House,

Church Street,

Newtown,

Kent,

R1 7HG

 

 

Dear Sir/Madam

 

Acc/Ref No /..........

 

You have contacted us regarding the account with the above reference number, which you claim is owed by us.

 

After being bullied and coerced by your staff it was agreed that we would pay a monthly amoun.

 

However, after taking advice, we understand that this account would have been Statute Barred at the time you first contacted us.

 

We are of the opinon that you would have been in possession of this information at the time you made that contact and in view of this unethical behaviour we will be complaining to the OFT about your company.

In view of the above the standing order has now been cancelled and we will not be paying anything further.

 

We would point out that under the limitation act1980 Section 5 “an action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”

 

We would also point out that the OFT say under their debt collectionGuidance on statute barred debt that “it is unfair to pursue the debt if the debtor has heard nothing from the creditor during the relevant limitation period”.

 

The last payment of this alleged debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from us in the relevant period under Section 5 of the Limitation Act, we suggest that you are no longer able to take any court action against us to recover the alleged amount claimed.

 

The OFT Debt Collection Guidance states further that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008

 

We await your written confirmation that this matter is now closed and that no further contact will be made concerning the above account after that last letter.

 

We look forward to your reply.

 

Yours faithfully

Mr A N Other

 

I have made some amendments.. perhaps others can also chip in..

[AndyOrch]

How much have you payed to them Daz roughly?

 

Andy

[dazza4]

Hi Andy £600 approx( sticks in my throat now)

[AndyOrch]

Consider legal action to recoup payments made under duress and with the Collector being fully aware that the debt was SB at the time of collection.

Continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to CPUTR2008 and possible damages?

Give them a taste of their own medicine, would be an interesting defence if they defended.

Andy

 

 

 

[Undercover-Elsa]

Just the first para, I'd put:

 

I write in reference to the above account which you claim is due and payable.

However, having taken advice on this matter, we have now become aware that this account is Statute Barred, therefore you will receive no further payment.

We would point out that we were induced to make payments under duress, during a telephone conversation with your staff, the tone of which which amounted to bullying and harrassment.

We are now aware that the debt was already Statute Barred when we started these payments, and therefore remains so.

For this reason we have cancelled the Standing Order. Your lack of transparency and aggression in pursuing this debt in the knowledge that it was already Statute Barred have been noted, and a formal complaint will be made to Trading standards and the OFT should you continue to demand payment.

[Undercover-Elsa]

good point Andy!

[dazza4]

thank you for your responses

 

Elsa, I like the tone of that paragraph and have amended.

 

Consider legal action to recoup payments made under duress and with the Collector being fully aware that the debt was SB at the time of collection.

 

Andy, How difficult/expensive would it be to commence legal action?

i may wait until they have acknowledged that this over before going down this route.

[AndyOrch]

“No Costs” in the Small Claims Court

 

It is often said that there is a “no costs” rule in the small claims court. However, this does not mean that a victorious party cannot recover any costs incurred in a small claims case. Part 27 of the Civil Procedure Rules sets out the maximum costs which a judge can order a party to pay. Whether or not the judge will order a party to pay costs is ultimately a matter for him.

 

The costs awarded may depend on a number of factors including the relative financial status of the parties and their behaviour before and during court proceedings. If any costs awarded by the judge do not cover the expenses actually incurred, the party will have to pay them out of their own pocket.

 

Legal Costs and Fees

 

The victorious party can recover the following legal costs and fees:

• The costs of issuing the claim and any court fees which have been paid, such as the allocation questionnaire fee.
  
• If the case includes a claim for an injunction or specific performance - an amount for legal advice and assistance to a maximum of £260.
  
• If a small claims case proceeds to an appeal, the appeal court may summarily assess the costs of the appeal – the costs of an appeal are not subject to the usual small claims limitations.
  
• Any order for costs made before the claim was allocated to the small claims court.
  

Amount claimedSmall claims court fee Up to £300£30Up to £500£50Up to 1,000£80Up to £5,000£120

[citizenB]

There are times when I would very much like to be a fly on the wall ..

[dazza4]

Many Thanks again for all your help.

 

 

Letter has been amended and sent.

 

I will keep you posted on the response.

[dazza4]

Hi All,,

 

Still no response from Link.

 

letter sent way over a month ago recorded delivery. do you think this is the end of the matter??

 

many thanks

 

Daz

[citizenB]

Have you confirmed the letter was received by them ? Check on the RM website and print off any proof of reciept and signature if available.

 

 

 

Keep an eye on your credit report just to ensure nothing nasty pops up.

 

I will ask Elsa and andy to pop in and advise if you should be chasing a response or letting sleeping dogs lie !

[AndyOrch]

Hi Dazza

 

If they have any sense its the end of the matter but this is Plinkty Plink you are dealing with.They realise the gravy train has stopped but in case they do react

better do that D.S.A.R and be prepared, just in case.

 

Andy

[Undercover-Elsa]

Hi Dazza,

I agree with Andy...send off a DSAR to the original company, just in case Link or anyone else start playing silly beggers now or in future.

I imagine they are keeping a low profile now hoping you won't report them. It's up to you whether to prompt them for a response, but I wouldn't. Whilever they are the ones failing to respond, you have the moral high ground.

Sleeping dogs....if they do try again (which I doubt) DSAR them too.

 

Elsa x

[dazza4]

hello all,

 

Just when i started to think that this had all gone away, i recieved a few phone calls again.

 

I advised link that i would only deal with them by letter and duly recieved the letter below.

 

I do think this going beyond ridiculous, my original letter was sent ot Link by recorded delivery on the 15/10/2011.

this reply dated 25/09/2012.

 

We write to you further in relation to your Abbey national plc (Santander) account.

 

We refute that the account is statute barred.

 

Whilst we accept that under section 5 of the limitation act 1980 an action cannot be brought after 6 years

however we would refer you to part 29(7) of the act whereby a current period of limitation may be repeatedly extended under this section by further acknowledgments or payments.

 

This account was defaulted on the 27.11.04.

we enclose a transaction summary for the account showing you had made a payment within the the limitation period

this was on the 19.10.2010.

 

the last payment credited to the account was on 03.10.2011.

 

the account is accordingly not statute barred.

please confirm your payment proposal to settle the account.....................

 

 

All responses and advise on how to make this all go away is appreciated.

 

dazza

Edited October 15, 2012 by dazza4
I am an idiot and cannot attach a document

[AndyOrch]

Ask them to disclose payment details and proof of account sort number from which the alleged payment was made.

 

Andy

[dx100uk]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

or

convert existing PC files to PDF [office has an installable print to PDF option]

.

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

.

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

.

dx

[dazza4]

[ATTACH]38803[/ATTACH]

 

[ATTACH]38802[/ATTACH]

 

I think i have done this correctly.

 

If so it shows the letter and a transaction summary.

 

I checked on noddle this morning and there is no reference to this on my credit file.

 

Thanks again

[dx100uk]

god are they muppets or what.

 

write back to them

 

asking them to please look at what country you live in!!

 

it matters NOT you paid in nov 2010, YOU ARE IN SCOTLAND!!

 

5yrs from 2004 = 2009!!

 

GET YOUR MONEY BACK

 

dx

[dazza4]

Is there any template letters which specifically refer to the 5 year statute in Scotland?

 

Many thanks

[dx100uk]

yes up to in the green library tab

 

where all our letters reside

 

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

 

dx

[dazza4]

I would be obliged if you would review the letter i propose to send to Link

 

any reccomendations welcome.

Link Financial outsourcing

PO Box 30095

London,

SE1 7WU

Date17/10/12

DearSir/Madam

Acc/RefNo

Youhave contacted me regarding the account with the above reference number, whichyou claim is owed by myself.

Iwould point out that under The Prescription and Limitation (Scotland) Act 1973Part 1 Section 6 "If, after the appropriate date, an obligation to whichthis section applies has subsisted for a continuous period of 5 years:

(a)without any relevant claim having been made in relation to the obligation, and

(b) without the subsistence of the obligationhaving been relevantly acknowledged,

then as from the expiration of that period theobligation shall be extinguished:"

Iwould also point out that the OFT say under their debt collection Guidance onstatute barred debt that "it is unfair to pursue the debt if the debtorhas heard nothing from the creditor during the relevant limitationperiod".

Thelast acknowledgement of this alleged debt was made over five years ago. Unlessyou can provide evidence of payment or written contact from myself in therelevant period under Part 1 Section 6 of The Prescription and Limitation(Scotland) Act 1973 , I would respectfully suggest that you are no longer ableto take any action against myself to recover the alleged amount claimed.

Wewould point out that we were induced to make payments under duress, during atelephone conversation with your staff, the tone of which amounted to bullyingand harassment.

Yourlack of transparency and aggression in pursuing this debt in the knowledge thatit was already Statute Barred have been noted, and a formal complaint will bemade to Trading standards and the OFT.

Iexpect that under the circumstances you will refund the £650.00 which has beenpaid at your earliest convenience.

Shouldyou continue to pursue this account without providing this evidence I shallseek an interdict and damages accordingly. A formal complaint will also be madeto Trading Standards along with a report to the OFT questioning your fitness tohold a consumer credit license.

Iawait your written confirmation that this matter is now closed and that nofurther contact will be made concerning the above account after that lastletter.

I lookforward to your reply.

[dx100uk]

sounds good

 

I DEMAND that under the circumstances you will refund the £650.00 which has been paid within 14 days

[dazza4]

Thanks for your assistance I will keep you informed.

 

i dont think I will get the money back but who knows.

[dazza4]

[ATTACH]39063[/ATTACH]

 

Morning All,

 

please see attacehd letter from link, they enclosed the same statement of accaount as previously posted.

 

Any ideas most welcome