SabreSHeep vs Link Finance /IDR

[SabreSheep]

OK after concluding my case with the OC I am now in a position to deal with this.

 

History

 

Launched action Against OC for unlawful penalty charges and interest in restitution. This case was concluded to my satisfaction.

 

The debt had been previously sold on to IDR. The OC did not purchase or buy back the debt.

 

Now its time to wrap this up.

 

Outstanding balance is £2670 ish

 

I am unemplyed (but waiting for last paycheck to come in) and then will apply for benfits while I seek work.

 

Both the OC and Link answered a CCA request with a reconstituted copy plus a few variations from where the account was varied. Account was opened early 2000's no later than 2004

 

Am I right in saying as this is a pre 2007 that a reconstituted is required for enforcement? Also am I also right in saying that as they varied the contract they MUST provide a true copy of the original?

 

The reasons for asking this is that I am wanting to build a case to allow a discounted F+F settlement

 

Advice on how to proceed?

 

Thanks peeps.

[dx100uk]

correct

 

 

dx

[dx100uk]

pers I'd not be inviting letter tennis

 

 

link/idr know the rules

 

 

dx

[SabreSheep]

SO just leave this alone and deal with them when the time comes. Im not currently paying them ANYTHING

[dx100uk]

correct

 

 

dx

[citizenB]

I thought that a reconstructed document was only good for satisfying the s78 request - that an original was still required if they wanted to obtain judgment ?

[dx100uk]

correct

 

 

dx

[SabreSheep]

correct

 

 

dx

 

Letter received today asking why I have not responded to their letter 28 08 14 and asking for an update.

 

Do i ignore?

[dx100uk]

what letter of the 28th we've not seen it

 

 

dx

[SabreSheep]

Letter on the 28th was in response t me telling them that I had filed against the OC and they should freeze action on the account un till it is resolved. Their letter on the 28 asked me to provide details of the case and which court etc which I ignored as they were not entitled to the information.

[SabreSheep]

As for the update, im forbidden (As are Barclays) from disclosing the outcome of the legal action. Im guessing I can tell them to mind their own business.

 

is there a way I can compel them (Or Barclays) to tell me if they have the original agreement.

 

 

Any ideas on how to phrase a letter.

 

Something along the lines of "as the account allegedly mentioned pre dates 2007

you must have the original agreement in order to enforce this through the courts.

 

 

Under XXXX you are not allowed to misrepresent your legal position and also are not permitted to mislead me.

 

 

Therefore you are obliged to tell me if you have the original agreement or not.

 

Goal is to set this up so i can do a miniscule F+F settlement . (then im almost debt free!!!)

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?426382-CONC-13.1-Application

 

From our Library.. does this help at all ?

[SabreSheep]

Just received letter from link.

 

They tell me the Original Creditor has informed them that on xx date that a settlement was agreeed for £xxxx amount and that they are now seeking repayment.

 

Suggestions?

 

Also does this mean the confidentiality clause in the settlement is now void? What action should I take?

[SabreSheep]

Proposed letter to LINK

 

No debt is acknowledged to your company.

 

Dear Sir

 

I acknowledge the receipt of your letter dated 13th November 2014, the contents which are noted.

 

At present I am unemployed and claiming housing benefit. I also have numerous other creditors.

 

If a settlement did exist then the proceeds would have to be split amongst my creditors in a fair manner.

 

I also note from the response of the CCA that as this is an agreement allegedly taken out before 2007

which would require the original signed executed agreement to enforce.

 

 

I am therefore asking if you have the said agreement.

 

 

I should warn you that OFT and FCA rules mean you are not permitted to mislead me, via omission or otherwise.

 

 

Any attempt to do so will lead to me making formal complaints to both the FCA and FOS

and I reserve the right to take Court action as well as these breaches are actionable in Court.

 

However without prejudice to the above,

I am willing to make you an offer of £500 as FULL AND FINAL SETTLEMENT on the BASIS

that the account be marked as Settled to all Credit reference Agencies

and that any remaining balance is NOT sold on or assigned to any third party.

 

Please inform me by 30/11/14 whether this is acceptable so I know whether to apportion the funds to my other creditors or not.

 

Yours Sincerely

 

 

 

 

NB Balance outstanding is 2666.43

[dx100uk]

whats the defaulted date?

 

 

ideally you want the debt totally removed from all the CRA providers.

[SabreSheep]

Defaulted 2012 So long wait for that

 

Are they willing to remove all adverse data? I cannot imagine them doing that.

 

 

Im also wondering if part from breaching the confidentiality agreement whether the OC has committed a data protection breach.

[dx100uk]

that would be for the more knowledgeable ones to comment upon.

 

 

pers if Plink have no enforceable agreement

then I'd never give them a penny

 

 

I hate them with vengeance.

 

 

over the years I've learned LInk/IDR/THesis have fleeced 100'000's of people

out of money they have no right too

and that never went off whatever the debt was anyway.

 

 

http://www.homesandproperty.co.uk/property-news/news/millionaire-debt-collector-digs-deep-south-kensington

[SabreSheep]

Well im all for not paying them a penny. But the issue is they now KNOW ive had a payout.

The cca that was returned by them was a recon.

 

If i ignore them I am sure as they can smell money that they will issue a claim. (Then I have the fun trying to defend it i guess)

[citizenB]

I think if they have been chatting with someone else about the "deal" on which you had a confidentiality agreement, then they have broken the terms of that deal !

 

Perhaps you need to call them on it ?

 

I am sure others will also pop in and comment.

[citizenB]

Defaulted 2012 So long wait for that

 

Are they willing to remove all adverse data? I cannot imagine them doing that.

 

 

Im also wondering if part from breaching the confidentiality agreement whether the OC has committed a data protection breach.

 

 

I don't think Link are able to remove any adverse credit reporting.. only the company that started the ball rolling can do that.

[dx100uk]

Well im all for not paying them a penny. But the issue is they now KNOW ive had a payout.

The cca that was returned by them was a recon.

 

If i ignore them I am sure as they can smell money that they will issue a claim. (Then I have the fun trying to defend it i guess)

 

you getting money or not

does nothing to change the fact the CCA is un-en.

and they are entitled to bugger all

 

 

dx

[SabreSheep]

I will draft a letter to the ceo of barclays calling them out on the breach of confidentiality AND data protection.

 

I will be after compensation for this ESP as this is the second major DPA breach. (First one they were told by the ICO to deal with it and paid me £250)

 

As for Link. im guessing the best approach is to ignore them?

[citizenB]

I will draft a letter to the ceo of barclays calling them out on the breach of confidentiality AND data protection.

 

I will be after compensation for this ESP as this is the second major DPA breach. (First one they were told by the ICO to deal with it and paid me £250)

 

As for Link. im guessing the best approach is to ignore them?

 

 

You could always send their Head office a copy of the letters that you send to B/shark and ICO ?

[SabreSheep]

Comments and Suggestions on the following please. Want to get this ready for Monday.

 

-----------------------------------------------------------------------------------

 

RE: Formal Complaint, Breach of Settlement Agreement and Serious Data Protection Breach.

 

I am writing to you to express my sheer frustration with your company.

 

On 22-10-2014 we concluded legal action via way of settlement. One of the terms insisted upon by your legal team was the need for confidentiality. I enclose a copy of the settlement.

 

On 15th November I receive a letter from a third party saying they had been told by your company not only that a settlement had been agreed but also the date and the amount of the agreement. A copy of this letter is also attached.

 

Obviously I am very angry that confidential information has been given to a third party without my advance permission violating the settlement terms. I have maintained the confidentiality in good faith and expected Barclays to act with the level of integrety expected by the legislation governing their credit license.

 

 

This is also a serious breach of the Data Protection Act. I find it hard to believe that the Company would authorise such a breach knowing full well that this sort of data protection breach calls into question the organisations ability to hold a credit license.

 

What is more disturbing is that this is the SECOND serious breach to happen within the last 12 months to myself. Please find attached a copy of a letter resolving the previous issue.

 

Therefore, I am asking you to investigate this serious breach of fidelity, confidentiality and also data protection and giving you a chance to respond to this issue. If no positive response is received with 28 days then I shall pass the complaint to the FOS, FCA and ICO.

 

Yours Sincerely

------------------------------------------------------------------------

[citizenB]

The only thing I would change would be "fidelity" to "integrity".