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Hiya, I was hoping someone here an help me.

 

Its a long story so please bear with me.

 

About 11 years ago I took out car HP with GE.

Approx 12 months down the line I defaulted and subsequently the car was repossessed.

I didnt hear anything for about 3 years until I was contacted by Link Financial.

I was very pregnant by this time and was 'badgered' into setting up a repayment plan at £30 a month using my debit card details.

I made about 3-4 months and then my debit card lapsed.

 

Didnt really think about it at the time and had no further correspondence from them

 

Fast forward 6 years, I had moved house 3 times, and just before Christmas I received a letter from Link advising that someone

had 'applied for credit in your name at a different address'.

 

Remembered that I had dealings with them years ago and binned the letter.

 

Yesterday got another letter from them with a default balance wanting immediate payment

or will apply for CCJ and/or send bailiffs round.

 

They are also ringing me nearly every day on my mobile (dont know where they got the number from!)

however I am not answering these calls.

 

It seems that it is coming up to 'statute barred', if it hasnt already, but I cant be sure 100%.

 

I had considered sending the SB letter however am worried that this would be like admitting the debt

and the 6 year clock would start all over again!!

 

Any advice as to my next move would be greatly received.

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nope

sending the SB letter is NOT admittance.

 

however

first port of call

check your CRA file - see my sig below.

 

now, link will claim you made some rouge payments since you ACTUALLY stopped paying

they always do

 

pers

if it does NOT show on your CRA file

i'd TOTALLY ignore them

 

they are VERY well known for trying to spoof people into paying DEAD debts.

 

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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Hi and welcome to CAG

 

If you do decide to write to them head your letter,

"I do not acknowledge any debt to you nor any company you claim to represent."

 

If you are OK with the phone calls (can you not block them?) then I would be happy to ignore for now.

If they start getting 'legal' it may then be the time to send the SB letter

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I havent yet checked Experian

but I dont think it would show as they defaulted me 10 years ago

and I havent received anything about a CCJ.

 

The thing is, they are sending threatening letter without even confirming that I am the person named on the letter.

Surely this is a DPA breach??

I dont mind ignoring the phones call, unfortunately my phone is a bit old and doesnt have to block number option.

I did panic and go all sweaty when I recieved the letter but reading the forums on here has settled me a littlebit..

Still worried though.

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Instead of the SB letter, firstly send the Prove it letter, inform them you have no knowledge of this debt, to stop phoning/ harrassing you/ and anybody who knocks on your door will be charged with trespass.

 

Don't sign the letter.

 

debs

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Have a look in the library (top left)

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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here it is

 

Name/Address:

 

Date:

 

Dear Sir/Madam

 

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

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

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Awesome, thanks. What are they chances that after this they will just 'go away'?

 

if it is SB they should acknowledge this and close their accounts however, if all you intend to do is send the prove it letter, they will still continue to chase

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I agree, the prove it letter will only be a delaying tactic.In the meantime make it firm that the phonecalls must stop or else. Its up to them to come up with proof you owe the money. When your absolutely certain 6 years have passed since your last payment, send the SB letter. The clock only stops when you make a payment.

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Then begin with the prove it letter and see what they come back with.

 

If they fail to provide proof,and they keep phoning then you send a stronger letter and dispute the debt. Aslong as the account is in dispute they can't threaten legal action. They will.......but it will be all hot air. Its not for you to prove anything. Its up to them to prove they have the right person and any debt is enforceable before threatening legal action. At some stage they will have to provide a statement that shows you made a payment with the last 6 years, they will also have to provide a copy of the credit agreement between you & GE, and a copy of the Notice of Assignment allowing them to demand payment.

 

Now the thing is, you had dealings with Link Financial Services, is the letter from them or Link Financial Resourcing......different company.

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The letterheads appear similar, but I don't think Link Financial exist any more. I would treat them as completely different companies.

 

They will need all the paperwork to support the threats. And at some stage provide proof that they legally own this 'alleged' debt.

 

Seems like they are already passing this one around in the hope you pay something.

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Just had another call from them. If they are already passing it around does that mean they may give up of their own accord shortly?

Doubtful. They have to exhaust their supply of pre prepared threat-o-grams and all of the threat-o-phone call scripts first

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Due to data protection laws they are not allowed to reveal the nature of the call in an answerphone message

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

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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checking your cra file is the only way

if it shows you'll know

if it doesn't you'll know.

 

its an old wives tale it 'alerts' all your creditors

unless you 'change' or add an address

the search by you is invisible to everyone else.

 

you are already known from voters and alike anyhow

 

if it does not show

just make sure all your addresses are 'linked'

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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When they call, they will ask you to confirm your name & address before demanding payment, you are under no legal obligation to do this. If you want to wind them up, refuse to give your name, ask who they are......whats your name? what do u want ? no i won't confirm who I am until you tell me what u want.......stalemate....they can't divulge personal information until you confirm who u are .:wink:

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