Link Financial and Reporting to Credit Reference Agencies

[joanne5865]

Hi, I have an on going dispute with Link Financial. Link say they assigned the debt from GE Money Home Lending but have to date not shown any proof of assignment. They have however provided me with a copy of the Application form and a copy of the CCA from GE Money Home Lending. The main problem I have with Link is that they are recording adverse data at the CRA's yet the CCA and conditions do not allow for any recording at CRA's. Link have today written to me and said that the application form states that they can report to the CRA's yet this document does not form part of the CCA and is not headed "Regulated by the Consumer Credit Act 1974". The CCA is signed by both parties and the Apllciation is only signed be me.

 

My question is can Link Financial assuming they have a valid assignment record any data at credit reference agencies.

 

I would appreciate any help you can give.

[renegadeimp]

Can you post up a redacted copy of what they sent you? Both the full document they claim is the CCA, and the letters.

[joanne5865]

Here is the CCA and Application. My concern is the CRA's

 

Thanks

[ATTACH=CONFIG]43510[/ATTACH][ATTACH=CONFIG]43509[/ATTACH][ATTACH=CONFIG]43512[/ATTACH][ATTACH=CONFIG]43511[/ATTACH]

[BRIGADIER2JCS]

Hi, I have an on going dispute with Link Financial. Link say they assigned the debt from GE Money Home Lending but have to date not shown any proof of assignment. They have however provided me with a copy of the Application form and a copy of the CCA from GE Money Home Lending. The main problem I have with Link is that they are recording adverse data at the CRA's yet the CCA and conditions do not allow for any recording at CRA's. Link have today written to me and said that the application form states that they can report to the CRA's yet this document does not form part of the CCA and is not headed "Regulated by the Consumer Credit Act 1974". The CCA is signed by both parties and the Apllciation is only signed be me.

 

My question is can Link Financial assuming they have a valid assignment record any data at credit reference agencies.

 

I would appreciate any help you can give.

If link are now in control of this debt they are obliged to report the conduct of the account.

 

How do you support your claim that the agreement does not allow reporting to CRAs please?

 

The app form does form part of the contract as the application has been signed by you and accepted by the creditor.

 

The app has been accepted the account has been used?

 

The data can be reported.

[joanne5865]

Thanks for your reply.

 

Link haven't sent me anything to say they are in control of the debt.

 

I am asking for advice as to if the agreement allows for reporting?

 

I wasn't sure if the application forms part of the agreement for three reasons: 1. it is not regulated by the Consumer Credit Act 2. it is not signed by both parties (hence not being accepted by the creditor) 3. I don't know if the notes headed "important information" is on the application. The CCA clearly shows pages 1of2 and 2of2 but the application does not.

 

Any further advice is welcome anyone?

[BRIGADIER2JCS]

I have no doubt at all that the agreement will allow reporting to CRAs as it is a standard clause in CCA '74 regulated agreement.

If this document provided is not complete then you must challenge as non compliant by making a complaint to the Data Controller

at Link.