Link Financial - BoS

[DanP1973]

Having got some excellent advice on here for what I should do about being threatened by Lowells for a debt with Cap One, I was wondering if anyone could help / give advice as to what I could / should do with Link Financial.

 

It all happened under very similar circumstances in that I got a letter through in May 05 stating they had bought a debt from Bank of Scotland blah blah blah.

 

I contacted them and eventually set up a standing order (that I’m still paying) to settle a debt of around £1600.

 

It got me thinking have they done me over and can I either cancel this payment or claim anything back as odds on they don’t have my CCA?

 

At no point have I had any paper work through confirming the agreement or stating that they do in fact hold my CCA.

[tiglet]

request your CCA from them, advising yu are suspending apyment as account is in dispute,. might be worth while sending an SAR as well.

[DanP1973]

Nice one tiglet! Thanks

 

PS Winnie The Pooh fan?

[lookinforinfo]

Dan if you are going to send an sar, send it to BoS as they should tell you how much they have applied to your account in the way of charges. You can

then work out how much of those charges are unlawful, and reclaim them

assuming that Link don't mess up on the CCA request.

[DanP1973]

Right well I've cancelled the payment and just sent them the CCA letter.

 

If they (as I think they will) break the 12 day and 30 days what can I do to claim back the money they have taken from me fraudulently?

[Seminole]

Do you believe that you owed BOS the debt? If you did and the debt was correctly assigned to Link then you don't really have much of an argument with them. The CCA letter is intended to be used in situations where there is doubt whether the debt exists or not. It is not a mechanism to avoid payment even to the likes of Link.

 

To answer your question if they don't have or can't obtain the agreement, it does not mean that you can recover past payments.

[tiglet]

seminole is right - the CCA will only proveif they ahve the right to collect the debt. if you do think it exists, but think it may consist of unfair cahrges, send off your SAR as well and go through your statements with a fine tooth comb.

 

ps MASSIVE winnie the pooh fan

[DanP1973]

Im happy to repay the debt to BoS and would have used the money reclaimed from Link to pay them.

 

I just didnt want the blood suckers to get it....Shame

[Jeff2000]

Hello Dan,

 

Link will almost certainly default on the CCA. When I sent A CCA request I got a reply that basically claims they do not have to provide a copy of the agreement. This, they claim is because the account is no longer "current". They will however offer you a copy of the agreement for a fee of £5. They will also say that this may take some time, as they will have to contact the original creditor for the agreement. This basically proves that they do not possess the agreement, and that they will probably default.on the CCA request.

 

Best of Luck, Jeff.

[pj41]

Hi all,

 

So on the basis of the above and if LINK do default can we (us) suspend payments and then stop after a further 30 days and tell them to whistle for it.

 

It's the bit about a properly assigned debt I'm confused about.

 

In the CCA request letter from the template I used some time ago there is a line about providing a "bill/deed of assignment". However, I read somewhere that a DCA is not legally obliged to provide this.

 

I got the same response (we dont need to supply it because the agreement has been terminated for non payment. However, for £5 we will apply to the original creditor for it etc).

 

So is a debt enforceable because a DCA buys an "owed amount" from a creditor (presumabally this is documented, "the deed of assignement", however the DCA does not ask for nor gets as part of the documents a true copy of an agreement.

 

Does the debt exist? The DCA surely needs to see a copy of the agreement to validate it's purchase.

 

However, these parasites buy in bulk and dont care. Most just accept their threats and pay up.

 

I have a case going through the court at present where I have challenged a DCA for not having a true copy of an agreement, I stopped paying them and have issued a claim for money I have paid to them before dicovering CAG.

 

No copy agreement :an alleged debt is not enforceable and is not collectable is my argument.

 

We will see who's right!

 

 

Keep you posted

 

pj41

[lookinforinfo]

PJ41, I hope you don't come unstuck with your case.

If you used the official CCA request on the forum site [and not one posted

on a thread that was copied from elsewhere] then there is no mention of

asking for the deed of assignment. This is because the doa is not part of the request in the Act.

 

Under the terms of the Act, when a debt is bought, the new owner assumes the rights that the original creditor had, in most respects. Prudence would

suggest that a copy of the original agreement be supplied at the time the

debt is assigned.

 

You are in the position of having paid a certain amount to the DCA, then

discovered that they were unable to supply the CCA in the required time.

Unless the debt was not yours, I am at a loss as to why you think the Judge

will refund the amount you have paid the DCA. If they have correctly

bought the debt, and they will have the deed of assignment even though

they have not shown you a copy, that may be sufficient for the Court to

accept that there is a debt in your name. And if you didn't think there was,

you wouldn't have paid a penny to the DCA. Now it may well be that by the

time your case gets to Court, that the original debt will have been located,

in which case I am pretty sure the Judge will allow the debt to be restarted.

 

Even if the agreement can't be found, I woukl be surprised that the Judge

refunded your money, providing there was nothing else untoward in the case.

 

The DCA, knowing that they have not produced the agreement within the time limit have committed a criminal offence so will face a hefty fine if they

take you to Court. Unless your debt is large, the sensible thing for them to do then, is to forget about it. However if you take them to Court, and they have

to pay the fine, you can be pretty darn sure that they will do their best to

get the debt restarted.

 

If there is a default on your credit file, then a possible way out for you would

be to write and ask the Dca to remove the default in exchange for you

dropping the case. Don't know if others agree with my reading of your

situation, but I would say that you are better to withdraw now, rather than

go to Court.

 

If you do decide to continue, and the Judge rules in their favour to restart

the debt then you could try and fall back on this defence. Get the Court to

demand how much they paid for the debt, and then argue that to chase

you for the full amount [which is what the Act allows] is inequitable and

unfai, maybe even extortionate in the light of the price they paid.

[screwedbythem]

Hi PJ41,

this was a slightly different situation, but I would think the same action would be advisable. An abridged history of the facts: a few years ago one of my suppliers messed around delivering goods to me on 3/4 occasions, when they finaly delivered the goods half of them where wrong, which meant I had delays supplying my client. anyway my supplier invoiced me but hadnt credited me for the wrongly supplied goods (these wernt signed for and refused delivery) and wanted immediate payment, after a blazing row with their accounts office I invoiced them for a greater sum than I owed them for waste of time ect. ect. they threatened court and refused to acknowledge the invoice I sent them. My accountant put me onto one of his clients a DCA (I know, but gave me some useful for information) AND this is the point, he said leave well alone, LET THEM TAKE YOU TO COURT, they pay all the fees and then you can counter claim for nothing. In my case that is what happened, and I won the case, that meant their invoice for £1200 was written off and my claim for £1500 was awarded. In your case I'd "let sleeping dogs lie", and hold this in reserve, if they do persue you then you have something to counter claim, and that threat is possably enough to keep them at bay.

good luck

[DanP1973]

Just had the following letter through from Link

 

Dear Mr XXXXX

 

Please enclose a payment as outlined below

We have returned your payment with this letter and request that you follow the instructions as given below (no postal order returned!!!)

YOUR REQUEST FOR INFORMATION

There is often considerable confusion as to information our customers may request from us and the fees we may charge for providing that information

 

Section 77 and 78 of the CCA 1974

 

These sections do not apply to your account. This is because Sections 77 and 78 only apply to "matters arising during the currency of...."agreements". Since the agreement relating to your account has been terminated (for non-payment) the agreement is no longer "current".

 

Section 7 of the Data Protection Act 1998

 

If you want to receive a copy of data we hold about you, please notify us of this in writing and include a cheque of postal order made payable to Link Financial Limited (in the sum of £5.00) and a Stamped Addressed Envelope with your request

HISTORIC INFORMATION REQUESTS

 

How to receive a copy of your agreement

A copy of your agreement may be available from the original Lender. We are prepared to obtain a copy for you but this will involve administrative time on our part and may involve paying fees. If you wish to receive a copy of your agreement, please notify us of this in writing and include a cheque of postal order made payable to Link Financial Limited (in the sum of £5.00) and a Stamped Addressed Envelope with your request.

 

How to receive a copy of your statements

It may be possible to obtain a copy of your Statements however a fee of up to £5.00 per month will be charged to you. You must write to us clearly stating for what period you require statements. We will contact you with the cost for this information having verified that the information is available. You will need to make payment in advance of the Statements being forwarded to you.

 

We hope that the foregoing clarifies the position for you however if you have any queries please feel free to contact an Account Officer on 0800 064 44 99.

 

 

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

 

I’m confused!

Does the CCA still apply or not? Are they just fobbing me off as it initially reads to me that they are saying it doesnt apply and then saying they can still get the info?

Does this mean they don’t have it?

Do I have to carry on paying?

Is there anything I can / should write back to them with?

Why is it £5.00 when the CCA states a payment of £1 is statutory?

 

 

Love and kisses

 

Confused from Kent:confused:

[Jeff2000]

Hi Dan,

 

 

This is almost identical to a letter I received from this lot.

 

I have been told that this is a fob off. I would let them default! (12 days + 1 month).

 

If you wanted to, you could also CCA the original creditor, to see what turns up. If they can't provide one, then it is highly probable that Link won't be able to either.

 

Jeff.

[DanP1973]

Cheers Jeff

[Jeff2000]

Hello again Dan,

 

 

Watch how you go with this lot. I have been told by others that they are a nasty lot!!!

 

Have a look at my thread to see. MBNA - Link Financial

 

 

 

Good luck, Jeff.

[DanP1973]

Naughty, naught and very stupid Link!!

 

Just called my mobile and landlines and left voicemails despite me informing them that all future correspodance should be made in writing!!

 

Thanks Link....More ammo to add to your lack of activity after my CCA request which was signed for 14 days ago.........

 

I feel a smelly letter might be making its way to them........

 

Link Financial Ltd

PO Box 30095

London

SE1 7WU

Dear Sir/Madam

 

Ref: Account Number: XXXXXXXX

Despite my instruction regarding any communication from your company, which stated that I require all communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; my instruction in the letter dated 7th of Feb 2007 clearly stated that I require all communications in writing. Do not telephone me again and remove any telephone numbers you hold for me from your systems.

 

Your telephone calls are in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information, note that all telephone calls are recorded.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution.

 

Take further note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003.

 

I trust that I have made myself understood on this matter.

 

Yours faithfully

[DanP1973]

So despite them not being able to provide a CCA because the agreement is no longer "current", although they then went on to contradict themselves by saying the could do but their fee was £5, I have now received a further letter chasing the outstanding balance of £309.99. Interestingly they have said previously in two seperate letters that the balance was £250.99 and £310.99.

 

Also my monthly agreement was £75 yet outstanding to pay this month is £74. Do I take it that, because the monthly and overall balances have dropped by £1 and that they didnt return my postal order, that they have paid the £1 against my balance. Again angainst clear instruction in my CCA request that the £1 was to provide the original Credit Agreement.

 

What sort of regulations have the broken and what should or say to them once they have broken the 30 day period?

 

I sent them the CCA request on the 6th Feb (4 weeks ago) so they have defaulted and are now moving along quite nicely toward a criminal offence.

 

Any advice would be much appreciated.

[sequenci]

Utter rubbish!

 

As long as money is still owing on an agreement the right to information under ss77-79 still applies.

[DanP1973]

I know! What utter tosh! But arent they breaking some major OFT guidlines in chasing me further despite the account being in dispute until my CCA request has been satisfied?

 

Im just gonna sit tight, but am trying to build a whole case against them so when the do break the 30day, I can wack them with the fact theyve broken the CCA agreement timelines, contacted me by phone after I'd requested in writing that all further correspondance should be made in writing, chased me for monies despite not beable to provide the CA, lied to me about the cost of a CCA request and also taken the £1 that I clearly earmarked to be taken for the request and paid that against my debt.

 

I could just do with someone "in the know" being able to list off the sections / rulings / Acts etc that these issues relate to.

 

Im also fairly confident they will default me so what would I do about clearing that?

 

Thanks again in advance.

[ecobabe]

dan, i'm dealing with link for a friend and they sent her exactly the same letter. we responded saying that they were talking tosh!! and referred them to section 189 of the CCA 1974 ie request refers to them even if they are not original creditor. also told them it had been passed onto trading standards, which it was. so far heard nothing else from them

[DanP1973]

Thanks ecobabe

[nearlyoldwoman]

hi danp1973, yep that sound like Link, i too got the stupid letter re not providing me with CCA, (oh how the trading standards officer laughed at that!!!!!) but they still asked for a further £4.00 to get one doh!! and they too took my £1.00 fee as payment (see my thread below) anyway why not complain to OFT about them, i did and my local trading standards man is writing his report up right now, their credit liscencey thingy is due for renewal soon, more complaints about Link might mean it wont be renewed? you never know!

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/66484-theyve-taken-my-1-a.html

[lookinforinfo]

Dan-just send them a short note, pointing out that the £1 was not returned in the envelope as stated. However you are pleased to note that the agreement has been cancelled, and that there is therefore nothing outstanding, and confirm that the matter is now closed.

[DanP1973]

Thoughts on a postcard please CAG family...

 

Dear Sir/Madam

 

Ref: Account Number: XXXXXX

 

Despite my instruction regarding any communication from your company, which stated that I require all communications in writing, your telephone calls continue.

 

This behaviour constitutes harassment; my instruction in the letter dated XXXXXX clearly stated that I require all communications in writing. Do not telephone me again and remove any telephone numbers you hold for me from your systems.

 

Despite your Advisor’s conviction that as you are a telephone based company you conduct your business over the telephone, please note that continued telephone calls after the receipt of a request not to call may constitute a criminal offence under Section 127 of the Communications Act 2003 and are also in breach of the Office of Fair Trading guidelines. If you continue to telephone me after the receipt of this letter an official complaint, together with a log recording the times and frequency of the calls will be passed both to that office and to the Trading Standards office. For your information, note that all telephone calls are recorded.

 

This type of debt collection method is contrary to the ‘Administration of Justice Act 1970’ in that it is intended to cause alarm and distress to the recipient. Your methods will not be tolerated. Should the telephone calls not cease immediately a formal complaint, containing copies of all correspondence including yours, will be submitted to the relevant authorities.

 

Furthermore despite sending a request for a copy of the Credit Agreement on the XXXXXXXX, which you have so far failed to supply me, you still chase me for payment of the my alleged debt to your company. This is contrary to The OFT Debt Collection Guidance, which states that until such point as you can provide me with the requested information, you should not pursue me for further payments.

 

I have also noted that in your correspondence dated XXXXX that you claim the following;

 

“Section 77 and 78 of the CCA 1974

 

These sections do not apply to your account. This is because Sections 77 and 78 only apply to "matters arising during the currency of...."agreements". Since the agreement relating to your account has been terminated (for non-payment) the agreement is no longer "current".”

 

I would like to bring to your attention that this is contrary to section 189 of the Consumer Credit Act 1974. I am certain the OFT, Trading Standards and Bank of Scotland, who have a responsibility to manage the practices of the 3rd party companies they engage, would be interested in your attempts to mislead me, again contrary to The OFT Debt Collection Guidance.

 

In a final point; I have noticed that in your correspondence dated XXXXXXX you state that my balance is £310.99 and state that I will find my £1 Postal Order return to me enclosed with the letter. It was not.

 

It interested me then to note that in your most recent letter dated XXXXXX you state my balance is £309.99 and that rather than the usual £75 monthly payment amount, there was only £74 outstanding this month.

 

Am I then assume that despite me clearly stating in my letter dated the 7th of February that the £1 fee “is for the requested information and NOT to be taken as payment against any monies you claim are outstanding”, you have indeed taken that £1 as payment against a debt that is currently in dispute and that you cannot provide a Deed of Assignment for nor the original Credit Agreement, contrary to section 189 of the Consumer Credit Act 1974?

 

 

If these practices does not cease immediately I will have no other option but to contact the OFT and my local Trading Standards office. This will be relevant to questions of your fitness to hold a licence under the Consumer Credit Act, whether or not it results in a prosecution. This is most poignant, as I understand that your licence is soon up for review.

 

I trust that I have made myself understood on this matter and look forward to receiving your response to the points I have raised or confirmation you indeed cannot provide me with the Credit Agreement nor the Deed of Assigment and that any agreement between Link Financial and myself has now been settled, that there is therefore nothing outstanding and confirm that the matter is now closed.

 

Yours faithfully