Link Financial (MBNA) - County Court Claim Form Received - Please help if you can?

[spiritgirl59]

Blackie you need to report them to the Office of Fair Trading and Trading Standards.

 

There are guidelines that DCAs are "supposed" to follow (although they constantly flout them) and hassling you at work like this is not one of them:mad:

As Link are putting your job in jeopardy re the personal phone calls at work, if I were you I would report them very quickly and make sure you tell the OFT/TS about this, and that you have already sent the harrassment letter which has been ignored.

 

Good luck!

Love SG x

[Mds]

I have link keep leaving messages, but today they have stated i must return the call by 5pm.

 

This is from a halifax account I had in 1995 and link bought in 2000. They were made a payment offer in 2001 which they declined and they wanted me to take a loan or sell stuff to pay them.

 

I have told them not to phone and they still do, I won't answer any withheld numbers and never call them back.

 

Are they still entitled to collect this debt after so many years and declining my 2001 offer of payment?

[ODC]

MDS. This debt is Statute Barred. I would advise you start a thread of your own so as you can get advice tailored to your needs

[mfpa]

What they have sent me is a copy of my credit card application form (which dates back to 1996).

 

Now not knowing what a CCA looks like I'm sure it is not my application form when I applied for my card.

 

Can anyone advise me?

 

The best advice is to read some of the various threads about CCA agreements being enforceable or not. Also, if you are able to post a scan of what you've received (in your own thread after removing personal details/account numbers etc people would be able to advise.

Some people state categorically that an Application Form is not an Agreement but I'm told the Application Forms I've received from Link are enforceable agreements. They should also send you T&Cs from when the account was opened.

[ste_hen1963]

hi all, very useful information in this thread, i am also in debt with Link financial, they bought a debt from GE Capital (non secured loan 14k)

 

they took me to court in Feb 08, the court orderd i pay £1 per month, which i have done, the problem is that i have now been issued with a court date 12th June,

 

Link are persuing to put a second charge on my property. so the info earlier that link can not do anything if you keep up your payment set by the court is missleading. they can and are, to me at least. any advice would be appreciated.

[rudy1]

Hi ste, if I were you I would start a new thread and one of the great people on here are sure to give you same advise, asap looking at your court date. Best of luck, I'll look out for your threads.

[Grumpymeister]

My wife has been the victim of identity fraud. (Somebody took out a Barclaycard in her name from her previous address)

She has had letters from Link Financial demanding instant payment of the debt. We first heard from them in December 2006 and wrote to them straight away telling them it was nothing to do with her and heard nothing until March this year when we got another letter demanding payment. On friday we finally got a copy of the original credit agreement with Barclaycard on which no ne of the details matched my wifes other then her name and date of birth. We then faxed them 13 pages of evidence to prove her signature, where she lived at the time this card was taken out, the fact she bought her car at the same time as this card was taken out.

 

We are in the process of getting a mortgage and cannot as the default on this card is preventing us from getting it.

 

Is there anything we can do to speed Link Financial up so that they clear the default from my wifes name?

 

Also ca we sue Barclaycard for allowing the card to be taken out in the first place and can we sue Link for letting this drag on since 2006 when it could have been sorted out then?

[romaney]

hi all re link getting stroppy

in court tomorrow 2nd June they have got an interim order by stealth! cca and no cca recieved back in the allowed time so will be asking the court to throw out the action old debt over 10 years (MBNA for info) will let you know how i got on.

[romaney]

well wnt to court and they upheld the charging order. i have cca them and no reply can i go for a set aside ? or can i ask for a subject access request to find out when they got hold of the mbna account

 

please reply feeling a bit fragile

[iw999]

Link call from various numbers, so check your caller ID display before answering:

 

0800 279 4783

020 7793 2679

07910 075 740

020 3 147 4100

 

if your phone allows you to bar numbers, then bar these numbers.

 

if your debt is unsecured, they will not risk incurring legal costs to take you to court so they will just try to hound you with phone calls and letters and postcards pretending someone is going to call round to your house.

 

remember, if anyone does call round (and i havent ever known them to), you dont have to let them in, nor do you have to speak to them. no one can enter your private home without a court warrant.

 

Beyond following the process for requesting CCA and the original notice of assignment from the original lender/card-issuer, do the following:

 

1. if its for credit card, deny the debt and ask them to justify it - the full amount. You have no idea whether you incurred those charges if it dates back some time ago. Ask for copies of the itemised bank/card statement, and you want details of each transaction (who it was, the amount, the date, the time and what was purchased). If it was pre chip-and-pin, you want to see a copy of the signed receipts.

 

2. if any of the charges related to admin fees/bank charges etc, you want to know how these were calculated and a copy of the contract/agreement where you agreed to these charges. you also want to know when the contract was sent to you, to which address and by who.

 

3. if any of the debt consists of interest charges, again you want to know how it was calculated and the same contract details as above.

 

if the matter went to court, you would be entitled to all this information anyway, so dont let them request any fees to provide the requested details. They are alleging you owe the money, so the onus is on them to prove the debt. You have every right to request the details.

 

A friend of mine has an alternative way of dealing with those annoying freaks who work for Link Financial. all you need is a rubber band, a large headphones set linked to your pc, and a pre-recorded sound file (eg. a loud whistling noise) which you put on auto-repeat. When they call and you recognise their number, use the rubber band to tie the headphones to your telephone handset mouthpiece, play the sound file at the highest volume and sit back. the calls soon stopped!

[edugma]

I am having an unpleasant time at the moment with Link and I am writing with a serious complaint about one of their employees who is constantly phoning me. I have told this man I do not wish to discuss this with him as he is too rude to talk to but he will not put me through to anyone else, I refuse to talk to him he has been SO insulting towards me and this morning has said I realise you are 64 years of age and at an age where you are getting confused. He is also accusing me of 'playing games with him'.

I am making a formal complaint, this man. called Rio Suwander!, he should not be representing any company especially when people like me are so obviously in a situation of stress.

I hope their telephone conversations are recorded and can be listened to, showing the company the way this person is dealing with customers.

I am waiting for a phone call from a manager who will hopefully discuss with me the case, 3 hours later and no one has phoned.

Has anyone else had this situation and can I request not speaking to an individual.

Also if a charge was made against my property and then paid off in full, can I still contest the payment and should I have something to say the dcharge has been lifted and paid.

[mr.ton]

I would tell him to f**k off everytime i spoke to him on the phone & use every other expletive i could think of - id also whistle & play music loudly, anything till he took the hint

[mr.ton]

. He is also accusing me of 'playing games with him'..

 

Next time..tell him you havent even started

[palomino]

Also if a charge was made against my property and then paid off in full, can I still contest the payment and should I have something to say the dcharge has been lifted and paid.

 

Missing something : if the charge is paid then there isn't anything to contest. You will need to get a certificate from the creditor (usually their solicitor) and send this off to the Land Registry as proof the charge has been, err, discharged. There may be legal things as well - I'm not certain of the full procedure. As far as I know it's pretty straightforward. The key to it all is the certificate from the creditor.

Actually if you get a copy of your entry from the Land Registry (costs £3 online) you will see what is involved as the charging order will be on there together with the parties involved. I've also spoken to Land Registry staff on a couple of occasions and they've been friendly and obliging.

Here's the homepage from their website http://www.landregistry.gov.uk/

[explorer50uk]

Can anyone help?

 

I had a letter from Link yesterday sent to my address and with my name on. I called them to see what it was about and they tell me that I owe them money from a First national Debt from 2002. The debt belongs to my parents, I had nothing whatsoever to do with the debt, the problem is my first name is the same as my dads middle name. My parents are pensioners now and cannot afford to pay this debt, they do not live with me but I do not want to give this company details of their whereabouts. I had a return call from Link today ( I gave them my mobile number yesterday} they said that they want a letter from me with my signature written six times! they also want a copy of my passport. Do I need to do this? I am 100% sure that this is not my debt, I have a good credit record, own my own house and have a good job. Thay also asked me what my ex wifes name was, I have NEVER been married. Please can anyone advise what to do next?

 

Thanks

[Multay]

Hi,

 

DO NOT send them your signature or passport!!!!!!!!!!!!!!!! . Simply send them a request for the original Credit agreement, as it is up to them to prove that there is a debt and that you are responsible for it.

This will do it...And start the Letter with I DO NOT ACKNOWLEDGE ANY DEBT.

 

Dear Sir/Madam

 

Re:−

 

With reference to the above agreement, I would be grateful if you would send me a copy of this credit agreement.

 

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of our credit agreement on request. I enclose a payment of £1.00 (Postal Order Number - ) which represents the fee payable under the Consumer Credit Act.

You are further notified that you are obliged to supply these documents, whether you are the original creditor or not under section 189 of the Consumer Credit Act 1974.

 

I understand a copy of our credit agreement should be supplied within 12 working days.

 

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

I look forward to hearing from you.

 

Yours faithfully

 

Do Not sign the letter just print your name and send it recorded delivery.

 

And please don't talk to them on the phone, they will say anything to get you to agree to pay and threaten you with allsorts.

 

This sounds like "FISHING TRIP" and they are trying to get info from you.

 

If they keep phoning you (which they probably will now they have your number) you can also send them this....

 

 

Dear Sir/Madam

 

Account Ref:

 

Please be advised that I will only communicate with you in writing. I have noted your repeated attempts to contact me by telephone over the past few weeks/months and these have been duly logged by time and date.

 

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

 

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.). Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.

 

Yours faithfully/sincerely,

Someone should be along with some more advice but really they have no way of making you pay a debt that isn't yours...The onus of proof is on them and they know it.

Hope this helps a bit..

Multay

[spiritgirl59]

Hi explorer

 

Link need to prove you owe them this alleged debt before they can take any action against you or ask you to pay anything back to them. You should send the letter that Multay has suggested, by recorded delivery, and do not pay them a penny in the meantime. Definitely do not discuss anything on the phone with them, make sure everything is in writing.

 

If you start your own separate thread on this we can keep an eye on how its progressing and help you further if and when Link write back to you after your request for a properly executed Credit Agreement.

 

It makes me extremely angry that they are asking to see your passport and for signatures. Do not send them anything in the way of I.D. and don't sign your letter, just print the name. They have no right whatsoever to this information.

 

Stand firm and don't pay them a penny until they can prove this debt. If and when they do send what they say is an agreement, you should put it up on here, minus all your personal details, so that we can have a look at it.

 

Having said that, Link have never been able to send me any agreements and I have dealt with them over 3 different alleged debts After the CCA letter in each case they disappeared back under their stone never to contact me again!

 

Good luck!

Love SG x

[explorer50uk]

Thanks for your help, I was not sure what they would be able to do to me, they were quite threatening,.. I will send the letters today and hopefully that will be that. As I said, I do know where my parents are but I don,t want to give Link that information, is there anything they can do about that? I never said anything to them on the phone about their whereabouts but I guess if they can,t get me then they will try and trace them.

 

Thanks again,

 

I,m not sure how to start a new post thats why I joined this one.

[djweeble]

If you don't want to tell them where your parents are, there's absolutely nothing they can do about it, and as the debt is not yours they are breaking the law by even discussing it with you.

 

Want to have some fun with them, write to them and tell them your parents address,

 

...you know, the one where they live in the same place as Trading Standards;-)

[Bigdunc]

I have 7 creditors 6 have been very accomodating responding to letters etc... BUT Link who bought the debt on May 6th have only sent one letter, I sent an I&E breakdown and they were prepared to accept my payment of £14 per month yet refused to sent me a payment slip!!!!

 

I have said help me to help you. I want to make a payment yet still they refuse.

 

There staff... OH MY GOD how rude can they be one gent called David told me to "Sort my life out" before hanging up that sent me in a rage lol..

 

I have been handling my own affairs very successfully for 17 months now but this firm is seriously hard work, they dont correspond. Are unhelpful, rude, condescending and arrogant

[Ninge]

I Want to say that i used to work for Link Financial.

I am sorry that you all feel so negatively towards the company as it stands it is a shame to hear.

Maybe some tatics of account officers are a bit aggressive but that also says something that Link are one of thee biggest DCA in the country with two offices in UK and another in Europe.

As far as it goes with paying £5 pound per month for the money that you spent why not it is your moral obligation to pay back that money that you were happy to spend at the time.

For the people that were finding it hard to make a payment plan with Link then i would say persist as this is acceptable as long as you provide them details of you income and expenditure. Of course what company wouldnt like all of there money back and that is a line that all account officers are told to go for when they first make contact with the customer so dont expect that to change.

I would like to say that none of you are blameless and naming people on a forum where they are not here to reply is not on and you should not be able to do that.

They will not provide you with a payment booklet until you have shown commitment to thee account by making payments and then they may not be of any use to you as they bank with BOS i believe this is the case still.

And for anyone that wants to know i left because i had a baby and child care in London where i live is too expensive for me to go back.

[Bigdunc]

Many thanks for your feedback, from someone who used to work at the coal face so to speak.

 

I would just like to respond to some of your points. Not everyone has gone out buying plasma TV's and rolex's some of us might have lost jobs, had relationships collapse or business's fail. So some of us are not 100% to blame circumstances do play a part as they did in you leaving your job. Secondly naming who i named was deserved, I am sure you are aware of high profile cases where debts have caused depression, breakdowns and tragically suicide and having an ignoramous on the phone telling someone to sort there life out is not only malicious but also very dangerous to someone that might be very troubled (i would hope he doesnt work for the samaritans in his spare time)

 

Lastly i have had debts with 8 different firms now, all of which thankfully have been very understanding and helpful in my situation, all of which have sent out regular payment slips to assist me in paying the structured plan i offered. I can only pay in cash therefore need slips. Catch 22 as cash is all i can deal in i want to pay but cant until i get a slip i cant get a slip till i make a payment... lol ludicrous (excuse any spelling errors)

Edited August 13, 2008 by Bigdunc

[Ninge]

Dear Big Dunc

As for naming someone David that was not what i was referring too someone in a earlier feed named someone in full name which i consider to be wrong.

You are right that sometimes some things in people's life can go wrong as you have stated and i do feel sorry for these people and as an account officer i would have been willing to listen to these and try and understand them as best as i could.

I am sorry that David told you to sort your life out as this is wrong clearly from your point of view you are trying to sort the debt that you have out.

When i said that people were happy to spend the money i didn't mean to say they were all walking about in designer clothes or cars or such things. I meant that whatever the money was spent on people were happy to spend it and if you hadnt of used the card to start with for whatever reason then you wouldn't have to deal with companies like these.

What people learn from obtaining credit is you are not living within your means and that is a great lesson to learn and a hard one for many too. I am sure that people who end up clearing there debt become stronger people in the end too.

As for the payment slips ask Link for there account number and sort code and obtain a receipt for the payment and also remember the account reference on it and your payment will take 5 to 7 days to be credited to your account

[spiritgirl59]

Hello Ninge

 

I am pleased you came on here to attempt to show another side to things, but having been on the receiving end of Link's appalling behaviour I feel I have to respond to one of your comments.

 

Of course what company wouldnt like all of there money back and that is a line that all account officers are told to go for when they first make contact with the customer so dont expect that to change.

 

There is absolutely no excuse for the rudeness and bullying tactics of many of their staff Ninge. I am sure you yourself would have been very understanding and sympathetic, but unfortunately its a sad fact that the approach of the majority of Link staff, and that of other DCAs who take a similar stance has caused people to attempt to take their own lives, myself included, so yes I personally do expect their approach to change. When one is being harrassed morning, afternoon and evening by a company whose staff in general have less manners than a troop of baboons, then yes I think we have every right to come on here and make our feelings known.

 

SG

[winny14]

whey to go spiritgirl.........

 

as we both know link are well known.,for bullying, harrasment, intimidation, rudeness, aggression and acting well outside of the law.

as we have discovered on here they are often not legally entitled to ask for payments from people but that doesnt stop their heavy handed, unsympathetic, treatment towards people.

 

Link are not interested in payment plans with people unless ordered by the courts, they are greedy, lowlife, bloodsuckers......with appalling telephone manners and tacticts.

 

people get into financial difficulty for all sorts of reasons and no-one from a DCA should be on here taking the moral high ground and judging others.

 

many people do try to re-pay their debts and if the DCA's didnt behave so badly they would probably receive money from people for years that they are not legally entitled to collect.

 

people usuallly find this site once a DCA is becoming heavy handed and the debtor is becoming desperate and fearful..

not only does it give fantastic advice to help people fight back, lawfully, i might add...but yes it can also be a life saver.

debt is a major factor in depression and suicide and trying to frighten someone into giving up there home or pay more than they can realistically afford for profit is disgusting and just plain wrong