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Link demanding instant full repayment - help please!


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Won't bore people too much with a sob story but I urgently need and would appreciate some practical advice.

 

I lost my job last Christmas and am currently recovering financially having found a new job late September.

Needless to say, all my debts suffered during this period, including my car repayments to Ford (FCE).

My wife has since went off on maternity leave so our income has not yet stabilised.

 

In any case, we realised that we had not updated our account with FCE when we moved home in Christmas 2010.

 

When we phoned to advise, they asked if we were in a position to repay our arrears.

(At that point 2 months worth of payments.)

However, they would only accept a payment plan for a max. of 3 payments which would have equated to an additional payment of nearly £200 a month (usual payment £290).

 

I explained that this was unaffordable due to our circumstances,

however they were not willing to further negotiate, so I said I would address this issue on a piecemeal basis.

 

From this point (October payment) I received numerous phone calls and texts but no written correspondence.

We unfortunately missed our November payment.

I then phoned on 03/01/12 to make the Dec payment (app. 10 days late).

I also paid £10 towards our arrears.

 

When I phoned to make this payment,

I was originally told they would not accept it but after being on and off hold for 10mins they accepted it.

 

A couple of days later, we received a letter from FCE stating our account had been transferred to Link Financia;l

- dated the same day as my accepted payment to Ford!

 

I found this particularly dishonest, as surely FCE were obliged to tell me they were no longer responsible for the account?

 

In any case, my wife (the account holder) received a call from Link shortly after.

After going through the 3rd party process, I spoke to 'Nicky' (busy boy!) who stated Link's intention was to recover the full balance and they were not interested in part/planned payments.

This is completely unaffordable for us as we are struggling for the existing payments and certainly can't afford over £8000 in a week!

 

So to sum, I have numerous questions, would appreciate the answer to any/all!

 

1. Should I pursue a payment plan with Link or will they definitely refuse this?

2. Do I have any redress regarding FCE's dishonestly accepting a payment to my account? (Which coincidentally doesn't show on Link's statement dated a week later.)

3. What are Link's typical next steps and should I do anything in the interim?

 

We don't want to lose the car and are happy to make regular payments but seems we may have lost this option. No doubt any answers will raise more questions but things are getting desperate!

 

We received letters dated 10/1 today (14/1) but these only give us 7 days to resolve the full balance under threat of legal action- Repo/Judgement on asset/property/Bailiffs seizing goods.

 

I live in Scotland if this makes any difference!

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Is this an HP agreement if so how many payments have you made to date ?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Have a look at your agreement. Somewhere on it will be the figures which state that after a certain amount or percentage has been paid what can happen. Read around the forum about Link and get as much knowledge as possible. They are typically a lying conniving bunch so make sure that if they phone you refuse to answer their security questions and tell them to put everything in writing. If you write to them DO NOT sign anything.

Dont let the parasite dca's prosper

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Do I have an option to voluntarily terminate? Or has this gone because Link have "terminated the agreement"? However, I am unaware of having being issued a default notice by either party... I gather this is a prerequisite to repo? Do I have any avenue to get FCE to take over my account again/make payments to them?

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Have you checked the agreement to see how much you need to have paid before a court order is needed to repossess the car ?

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Have you checked the agreement to see how much you need to have paid before a court order is needed to repossess the car ?

 


1/3, which I have paid but I think a CO is required at any point in Scotland anyway.
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So they cannot reposess the car without a court order which means that they have tried to bully you in the letter that they sent. I would write to them and make a reasonable offer and await the reply.

Dont let the parasite dca's prosper

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So they cannot reposess the car without a court order which means that they have tried to bully you in the letter that they sent. I would write to them and make a reasonable offer and await the reply.
Was curious whether they would accept a phased payment arrangement ultimately?

 

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In my opinion for what it is worth they would have to go to court to get a repo order and if you had already made a reasonable written offer then it would be unlikely that DJ would grant this. However I am no expert and can only go on my past experience with Link.

Dont let the parasite dca's prosper

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Given your circumstances (loss of job and income), and the fact that you have made a reasonable offer of payment - I cannot imagine a judge giving them possession of the vehicle. You should write and remind them that they need a court order and that your offers of payment being refused would not look good in court.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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just remember that mr repro has no legal powers if he does turn up!

 

he certainly cant take the car from you private drive

 

but might well try from a road.

 

i know they cant repro without a court order now but becareful.

 

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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1. pay the oc not link

2.not worth it.

3. they'll try every trick in the book.

have you got the agrement?

were you made to take out all manner of insurance and PPI when you got it?

have you been levied any penalty fees becuse you didn't/hadn't paid?

all of the above are reclaimable.

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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Think I may make a payment plan offer, copying both parties and disputing the balance. Then I will at least have a paper trail of me taking reasonable steps to resolve.

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Yes, that's the right thing to do, Make sure you send the letters by recorded delivery so they have to sign for them, keep the postal receipts safe so you can then print off the proof of signature from the royalmail website. Also keep a copy of the letter for yourself and staple the proof of receipt to it. You may need to provide this proof if they take court action.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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If you have received an arrears notice you may be bale to consider a Time Order. These are supposed to be temporary but could stop Link from carrying on.

 

More information here: http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=06_time_orders

 

Best wishes,

 

National Debtline.

For Free, Confidential and Independent advice: 0808 808 4000

Monday - Friday 9am to 9pm // Saturday 9.30am to 1pm // 24-hour voicemail. Please leave a message to request an information pack. http://www.nationaldebtline.org // http://www.mymoneysteps.org

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Sent our letter today.

Link phoned to check we had their letter,

see what our plans were.

 

I said we had sent a letter to which they asked the contents, saying "if it contains an offer of a payment arrangement, Link won't accept it."

 

Sounds like the definition of unreasonable!

Told them to wait on the letter.

 

Genuinely worried that they will resort to unlawful means.

Is it ok for me to conceal the vehicle in the meantime to prevent illegal reposession

and would they have to give us time to respond to any court order?

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  • 3 weeks later...

Hello again, more help required!

 

Following our letter, we received a response from FCE stating they were dealing with this as a complaint.

 

We have today received what they describe as a 'final response' to this complaint.

They refuse to re-start our account with them,

citing that we did not respond to a default notice (copy attached).

 

However, this default notice never arrived.

Do they not have an onus to ensure safe receipt?

 

Also this was not mentioned when FCE took a payment on Jan 3rd, 2012.

It would be very easy for them to draft this notice after the fact.

 

Also, they are claiming the (incorrect) date of transfer to Link is due to the 'Christmas break'.

 

Surely this is not a legitimate excuse to have an incorrect date on a document?

 

My only redress with FCE now would appear to be the Ombudsman.

Link have sent no further letters.

They have however called numerous times, even though I clearly requested only written communication so I could keep accurate records.

 

Can anyone offer any further advice?

 

Should I write to Link once more noting they have not responded and re-iterate my offer of a payment plan?

 

Thanks.

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i think you need to 'pay something'

to show willing and do it to the oc.

 

what is this letter of termination you had?

can you post it up please

 

scan the required letters/agreements/sheets

as a picture[jpg] file

remove all pers info inc barcodes etc using paint program

but leave all figures and dates.

 

goto one of the many free online pdf converter websites

it would be better to upload a multipage pdf

than many single ones

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

NB:you can set where it goes in the post by hitting insert inline.

then hit reply button

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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