Link & very old credit card loan previously with Abbey National

[AnnC]

I received a letter from Apex regarding an Abbey debt from 2000 threatening doorstep collectors etc. The debt had been passed to them by Westcot, although their letter claimed that they were acting on behalf of Santander.

 

Following the excellent advice on this forum, I sent the CCA form to them enclosing the £1 postal order. Naturally within a couple of days they sent it back saying they couldn't comply with the deadline as they didn't have any of the documents and referred me to the Abbey.

 

We have now received a phone call from Westcot who previously were the debt collection agency looking for the money. We refused to discuss anything with them and they said they would be writing to us. Do I follow the same procedure and send them the CCA form and postal order?

 

I have really lost track of this debt and how much we have paid over the years to the various Debt Recovery firms it has been passed to so I genuinely haven't got a clue how much I owe.

[247orbital]

Yes CCA request the latest debt collection bottom feeders then sit back and wait. When did you last make a payment towards this debt? When was the date of default?

It maybe worth a SAR to Abbey.

[debt4get]

Dear Sir/Madam,

 

Re: (DCA)

I refer to your recent letter, the contents of which are noted.

 

I must admit that I am rather bemused as to why this alleged account has been passed to yourselves, as it is in dispute with(Original Creditor) and has been since (date). Not only is your trying to collect on an alleged debt for which there is no agreement a breach of OFT collection guidelines, but also in breach of the Consumer Credit Act 1974 and Data Protection Act 1998.

 

I would therefore be obliged if you would provide me with an explanation as to why you are attempting to collect on an alleged debt which was disputed with (OC) prior to your first contact with me, and has yet to be resolved.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

 

Yours faithfully

 

 

 

 

dont waste another pound send em this

[AnnC]

Thanks.

 

We last made a payment about 6 months ago. We have been making payments to various firms since Abbey defaulted the loan back in 2001. I became ill with cancer and was unable to work for over 6 months. We contacted a debt aid firm straight away and tried to make arrangements with various people but Abbey refused to play ball and put it into default and passed it to a debt collection firm. Its been passed around various people and Westcot then came on the scene and wanted the whole amount they claimed was outstanding £10,000. We don't accept that it is anything like that. I'll forward a SAR to Santander as they are now and see what happens and just wait for Westcot's alleged letter.

[247orbital]

I think the letter debt4get posted is a good idea to the new DCA, then a CCA request to Santander. Wait then see what comes back.

[AnnC]

Westcot are not strictly the new DCA. They were the DCA prior to Apex and when they failed to get the amount they were asking, they passed it to Apex who then backed off when I sent them the CCA. Apex claimed they were sending it back to Santander, but appear to have passed it back to Westcot.

[debt4get]

doesnt matter account in dispute..and whilst it remains so they cannot or should not be asking for payment until dispute is settled

[AnnC]

I apologise if I appear to keep asking the same questions. Is there a template letter (or is it the SAR) which I can send to Westcot formally disputing their claim that we owe any money or does that go to the Abbey. Nothing has been put in writing except they have previously said that Abby (now Santander) have passed the loan to them for them to collect payments and the outstanding balance is £10,000. Anything after this was via the telephone with them. I just want to get this right.

[MorganaNK]

Subbing

[debt4get]

no you can ask as much as you require..send the above letter to westcott they are trying to collect on debt on account that is in dispute..this has already been in their hands, sent to another dca who did not comply with your original request then back to westcott...westcott should not be asking for payment when your original request remains outstanding from apex

[AnnC]

Received a letter from Link in November demanding payment for a loan they claim to have purchased from MBNA Europe.

 

Having lived at my current address for over 6 years I know that there is no way this is a current debt,

but cannot find anything in my files for this.

 

I have checked my credit report but there is nothing on there.

I asked them for a copy of the agreement,

and they have sent one dated 10 years ago!

 

It isn't even for my current address.

 

I currently pay regularly through Payplan for some debts

I did have problems with but this is not one I recognise especially as it does appear to be 10 years old.

 

However, before I start stamping my feet and saying it is nothing to do with me,

I want to be absolutely sure.

What is the next step.

Do I send them a SAR?

 

Many thanks for your help.

[42man]

If it was me in your position then I would send them the statute barred letter by recorded delivery. You'd save yourself £10 (the cost of a SAR)

[dx100uk]

typical MO for LInk

they need money from a mug for their xmas party

 

as it does not show on your CRA

 

pers i'd totally ignore them

or

just sent the SB letter

 

dx

[AnnC]

Thanks everyone for your advice.I think I will send them the statue barred letter, just because I don't want to be thinking about it over christmas. Have enough problems without this one! I am sure they may try something else if I don't respond.

[Seminole]

If the letter was from Link Financial Outsourcing as opposed to common or garden Link Financial, then it's more likely than not a very old debt that they tried to collect on in the past and gave up. They may have got a CCJ in the past but it wouldn't show on your credit file if it was more than six years ago. They'd have to go back to the court to enforce and it's very unlikely that they would succeed. If you do send them the SB letter and they respond that there's a CCJ, don't panic but just come back here for advice.

[AnnC]

Thanks for all the advice.

I am sending the SB letter today.

 

I have to say that I was quite surprised at the extremely intimdating nature of their latest letter, especially as they haven't even established that the debt is mine!

Thanks to this Forum I don't panic any more.

 

I honestly don't remember this debt and particularly as I have managed to get my debts into some kind of manageable repayment, I am not going to get thrown by these bully boy tactics.

 

They telephoned me back at the beginning of November and tried asking questions about who I was and how long I had lived at my current address - naturally I told them to get lost.

I'm ex-directory so I don't know how they got my phone number.

 

Then the letter arrived about a week later demanding the money, I wrote to them telling them I had no knowledge of the debt and asking for a copy of any agreement.

They sent me an agreement dated 10 years old and then a week later wrote to me saying they wouldn't let me get away with not repaying the debt

and unless I contacted them immediately they would arrange for their investigators to look into my financial affairs!

 

I have drafted a complaint to the Financial Ombudsman or should it be the OFT?

[42man]

Send it to the OFT....it wouldn't be the first time they have been in trouble with the OFT - http://oft.gov.uk/news-and-updates/press/2009/58-09

[Seminole]

Make sure that you get proof or postage for the letter or send it recorded delivery. As suggested you should register a complaint with the OFT and I would also send it to Trading Standards. Neither is likely to do anything specifically about it but it will add to the weight of the complaints against them,It's about time this odious little company was put out of business.

[AnnC]

Can anyone confirm if there is a connection between Abbey National and MBNA.Link have sent me a copy of an agreement dated 3rd December 2001 with the Abbey National but the terms and conditions they have attached are for MBNA Europe Bank. Apart from the fact that I don't accept I owe these people any money, I can't see what the connection is.I have sent Link a SAR to Link and complained to OFT and the Financial Ombudsman but I know how slow they can act. Link's response to the SAR was to send another demand for the money saying "Our intentions are not to allow you to leave the account unpaid"! They have also made the usual threats about my ability to obtain credit in the future plus they intend to place my details with their Asset Investigation Department. I've copied their latest letter to the OFT and Financial Ombudsman.

[Seminole]

Can anyone confirm if there is a connection between Abbey National and MBNA.Link have sent me a copy of an agreement dated 3rd December 2001 with the Abbey National but the terms and conditions they have attached are for MBNA Europe Bank. Apart from the fact that I don't accept I owe these people any money, I can't see what the connection is.I have sent Link a SAR to Link and complained to OFT and the Financial Ombudsman but I know how slow they can act. Link's response to the SAR was to send another demand for the money saying "Our intentions are not to allow you to leave the account unpaid"! They have also made the usual threats about my ability to obtain credit in the future plus they intend to place my details with their Asset Investigation Department. I've copied their latest letter to the OFT and Financial Ombudsman.

 

Yes, they are. MBNA issued credit cards on behalf of Abbey. I'm not sure if they still do but they certainly did around 2001.

[cups]

I think that originally they were Abbey credit cards, that were then transferred to MBNA.

Resend the SAR and wait and see what they come up with.

What l would say is check what they send, as Link can change accounts around and give them new numbers to make it look like you have been paying them.

Cups

[dx100uk]

you really need to ignore link now

 

its obv they have no cliam and its sb'ed

 

else they wouldn't inc the crap assest in vdept.

 

you keep firing of letters

 

they'll thinks they've found a mug.

 

dx

[cups]

Hi

I think DX is right, who cares what they say? SB means they can't do anything!!

Cups

[AnnC]

Can anyone let me know whether like are permitted to add an admin charge on top of the £10 I paid them for a SAR request?Also, although they have provided the information since they took over/purchased the debt, they haven't provided any proof that they did so i.e. there is no copy correspondence from Abbey within the documents provided to show that they had now been allocated this debt.

[Bang!]

£10 is the maximum and includes the admin charge.

 

Report them.

 

Contact to the Commissioner here...

 

https://www.ico.gov.uk/Global/contact_us.aspx

 

Additionally - if nothing shows mentioning your original lender, it points to them only furnishing you with selected rather than full records.