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nearlyoldwoman

they've taken my £1.00 CCA fee as payment on the debt i dont acknowledge!

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I'm sure I read on another thread that someone else had refused to provide ID but reminded a DCA of their obligations to supply a copy agreement under CCA. The main concern was that the DCA would try to reproduce an agreement with a signature copied on to it. I would look around on the forum to see if anyone else has had similar problems. Once you have the bairns in bed and the tooth fairy duty is done, get yourself a big drink and start trawling through the posts. I would suggest the debt group is the best place to start.

Good luck

 

 

Yes, I came across that on this thread :

 

confused about reply to my CCA request, please help!

 

:)

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What was the other £4 for? The CCA request only costs £1. You must be

careful if the debt may be statute barred, as they may try and use your payments as a means of proving that the debt is now current aagain.

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What was the other £4 for? The CCA request only costs £1. You must be

careful if the debt may be statute barred, as they may try and use your payments as a means of proving that the debt is now current aagain.

 

 

Exactly! i managed to get out of them that the £1.00 was the fee and the £4.00 was 'their charge' i thought it was a delaying tactic, so i sent it, i did had a bad feeling about it so halfway down the letter i put in CAPS "NOTE, this £4.00 enclosed is for the charge/fee of getting a true copy of the CCA as stated by Mark on the phone today IT IS NOT a payment towards this disputed debt" so i dont think with it spelled out like that that they would take it, saying that I do think Link Financial would throw their own granny's to lions to get me to pay this!!! we'll see.

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Let me get this straight I can get copies of thier phone calls if I ask? Woo hoo my brothers complaint just got much much better!

 

I cannot believe DCA's record calls when thier staff are sooooo unprofessional. I sure hope they have recorded calls, I'll request a copy and use it as evidence. They going to be sorry when I'm finished with them!


The views I express here are mere speculation based on my experience. I am not qualified nor insured to give legal advice and any action you take will be at your own risk.

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I know you have already paid this amount but I would have been inclined to ask them under which piece of legislation they were entitled to ask for more than £1 off you. If there is none they are acting outside the law and if they refused to provide the agreement under CCA with the £1 then they will be in default. I can't see how they could justify this at all. It might be worth talking to Trading Standards about this.

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I know you have already paid this amount but I would have been inclined to ask them under which piece of legislation they were entitled to ask for more than £1 off you. If there is none they are acting outside the law and if they refused to provide the agreement under CCA with the £1 then they will be in default. I can't see how they could justify this at all. It might be worth talking to Trading Standards about this.

 

Trading standards will be contacting me within the next 2 days so i will keep posted. I phoned the OFT about 5.30pm last night cos i was in pieces. (i never realised til later on when i re-read the 2 letters i have from LINK that they'd used the £1.00 so never got chance to mention that to him) also as i'm "a harrassed mum" i added up the years wrong (at first) and thought aug 2000 was only 5 years ago duh! of course its more than 6, so my main points with OFT and trading standards are gonna be;

 

pursuing me when its clearly statute barred (in fact the OFT told me that as i'm in scotland its 5 years not 6 years but i didn;t get all the jargon he quoted with it so "dont quote me"!)

 

harrassing me by telephone especially when they could hear my 4 year old screaming in the background (they received letter by rec del from me asking never to phone me)

 

shouting,being aggressive and threatening me by phone (threatened if i didn't pay now they would add heaps of fees and charges and they also told me they would not stop phoning me until i paid up)

 

taking my £1.00 as payment when it was clear it was the CCA fee.

 

phoning me asking for a further £4.00 before they could do the CCA request

 

asking for me to send MY ID to them in the post before they could continue with the CCA

 

 

er, thats about all just now i think, this has really rattled me even tho i know i'm in the right! i'm still all over the place. God bless this forum!!! this has to be the best thing since sliced bread!!! x

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You may have to be quite forceful with TS over the £4. The DCA may argue that it was a payment off the debt, thus restarting it and negating any claim

that it was statute barred. That is why we recommend that all contact is

by letter.

You can point out that in any event, as they called you whilst a CCA had

not been complied with, they breached the Act-oh yes and write and ask for it back. Use your letter to make it quite clear that you have found out that

the payment for a CCA request is only £1 and they should not have asked

for the extra amount. It is better if you can get that on record now, so that

you have covered your self.

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You may have to be quite forceful with TS over the £4. The DCA may argue that it was a payment off the debt, thus restarting it and negating any claim

that it was statute barred. That is why we recommend that all contact is

by letter.

You can point out that in any event, as they called you whilst a CCA had

not been complied with, they breached the Act-oh yes and write and ask for it back. Use your letter to make it quite clear that you have found out that

the payment for a CCA request is only £1 and they should not have asked

for the extra amount. It is better if you can get that on record now, so that

you have covered your self.

 

 

here is exact copy of 2nd letter sent to them rec delivery (o've obviously taken out my pers details etc) i think i said earlier i was a bit iffy about this 'extra £4.00' so i made it VERY CLEAR in this;

 

 

 

Link Financial Ltd

PO BOX 30095

LONDON

SE1 7WU

14th Feb 07

Dear Sir/Madam

 

Re:−

LINK REF

Further to a telephone conversation I received this morning from Mark I am writing for the second time to request a true copy of the credit agreement regarding the above. This time I enclosed the “further £4.00” which Mark said I had to send for this copy of the agreement.

With reference to the above agreement, I would be grateful if you would send me a true copy of this credit agreement as I do not believe I owe any money relating to the above agreement.

I understand that under the Consumer Credit Act 1974 (Sections 77−79), I am entitled to receive a copy of my credit agreement on request. I enclose a payment of £4.00 (£1.00 was sent on 8th Feb which you have already received by recorded delivery) which represents the fee payable under the Consumer Credit Act.

Please note this £4.00 enclosed is NOT a payment towards this disputed agreement but the £4.00 charge which Mark told me is the fee for the copy credit agreement. (I was of the understanding it was just £1.00).

 

I understand a copy of my credit agreement should be supplied within 12 working days.

I understand that under the Consumer Credit Act creditors are unable to enforce an agreement if they fail to comply with a request for a copy of the agreement under these sections of the Act.

 

 

On another note I am requesting that you stop telephoning me and correspond to me only in writing to the above address. The first time I phoned Link I refused to leave my number as I’m usually at home with my young children or I’m out, then not 5 minutes later I receive a call from you. After the conversation this morning I have been left quite stressed and shaky, as I pointed out on the phone, although I do not acknowledge this debt, I do not believe I owe you any money at all, I do want to get to the bottom of this matter, and I’m finding it difficult to understand why I should be receiving calls about a debt that I believe I do not owe.

I look forward to hearing from you.

Yours faithfully

XXXXXXX

£4.00 enclosed

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That's a good letter Marcia. I'd write again, saying that you have now found

out that the fee for a CCA request is only £1, so you are demanding the return of the £4. Tell them a copy of your letter has been passed to TS.

[That should please Mark no end.:D].

 

Have you managed to see yur credit file yet? It would help TS if there is

nothing on it related to Link.

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not seen it yet (in post) prob be monday, hopefully trading standards will be contacting me monday (although i'm hardly in on mon!) oh i cant wait, i have my 'little file' all ready.;)

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I'm sure I read on another thread that someone else had refused to provide ID but reminded a DCA of their obligations to supply a copy agreement under CCA. The main concern was that the DCA would try to reproduce an agreement with a signature copied on to it. I would look around on the forum to see if anyone else has had similar problems. Once you have the bairns in bed and the tooth fairy duty is done, get yourself a big drink and start trawling through the posts. I would suggest the debt group is the best place to start.

Good luck

 

Don't even sign the CCA request with your normal signature...Be interesting if they suddenly found the agreement with your 'other' signature on it eh?


Just hate every DCA out there

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quick update; just had call from the local trading standards officer (i phoned OFT on fri at 5.30pm) and we spoke briefly on the phone, he only knew a small amount about this complaint but he's already started looking into it and started making enquiries and searches re LINK FINANCIAL, anyway, i'm meeting with him at 9am tomorrow morning, without saying too much on the phone he seemed to state their code of practice was somewhat 'different' than the one set out by law!:lol: so, i'll update you further tomorrow.

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ok, update time; just had a meeting with my local trading standards guy (40 mins) he took copies of their letters, my letters and the rec del receipts too!! and he's off to 'investigate'. it was a very positive meeting, he admits that the CAB deal more with this and they then usually get the cases that CAB say is illegal etc, anyway, he's off to get more advice from elsewhere/double check all his legal info on Consumer Credit Act etc/and basically see what breaches Link have commited (crimes i call them!!!) he's gonna email me later. he was particularly interested in the letter Link sent me (when I asked for the CCA for the second time) quoting the following;

 

YOUR REQUEST FOR INFORMATION

 

Sections 77 and 78 of the consumer credit act 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".

 

so i will post again when i have further details.:)

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another update, after the meeting with the trading standards guy he emailed me later that day and told me he'd spoken with CAB and he advised i go to see them asap! so i went yesterday morning....very long morning....the elderly lady was very nice n all, but i was there hours and hours and i wasn;t completely sure/happy about the direction she wanted to go in. firstly she couldn't tell me anything about statute barred in scotland, other than "its complicated" :-? then she wanted to phone Link, i wasn't sure, but she said it would help clear it all up etc, she phoned and they talked a lot of old cr*p as usual, they said they wanted my passport! ha ha yeah right like i really would send someone my passport etc, mark was off that day (or hopefully sacked!) and no-one really knew what was going on, she then insisted on phoning bank of scotland for further details, i said they wouldn't have but again she insisted and went ahead, they transferred her thru to a company called blair, oliver and scott, they said they had this account once but never wrote to me etc and passed it to Link in 2002. so....(remember i didn;t think i owed anything) the lady at CAB said it was prob my mistake as blair, oliver and scott are ruthless and very good and they dont make mistakes!! she then suggests i fill in an income/expediture form to figure out what i can pay back!!!!!! whooooaaah! it was time i got my coat!! this was not the direction i wanted to go in and i ended up questioning if i had made a mistake, so....back to my faithful friend CAG:) and looking at the whole thing again and searching the net i find all the legal info regarding scotland and Statute Barred etc and it is 5 YEARS!!! so below is the letter i've written tonight ready to be sent rec del;

 

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Re: LINK REF xxxxx

 

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under THE PRESCRIPTION and LIMITATION (SCOTLAND) ACT 1973 PART 1, PRESCRIPTION SECTION 6

“If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and

(b) Without the subsistence of the obligation having been relevantly acknowledged; then as from the expiration of that period the obligation shall be extinguished…”

I would also point out that the Office of Fair Trading (OFT) say under their Debt Collection Guidance on statute barred debt that;

“it is unfair to pursue the debt if that debtor has heard nothing from the creditor during the relevant limitation period”

The last written acknowledgment/payment of this debt was made over 5 years ago and no further acknowledgment or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under PART 1 SECTION 6 of the above Act, I suggest that you are no longer able to take action against me to recover the alleged amount claimed.

Furthermore. The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

On a further note, I would also like to point out that I have contacted the Office of Fair Trading, Trading Standards and the CAB regarding the above account and my local Trading Standards Officer took copies of all correspondence between ourselves for further investigation. The main points to be looked into further are;

The debt being statute barred (5 years Scotland).

Failure to provide me with a CCA.

Taking the £1.00 fee for the CCA as payment against the alleged debt.

Asking for further money before the CCA can be provided.

Asking me to send my ID to you before you will provide me with the CCA.

Telephone harassment.

A copy of this letter will be given to my local Trading Standards Officer as will any further correspondence.

I look forward to your reply.

Yours faithfully

so thats where i'm at now, bit dissappointed with CAB to be honest,:-? i'm really grateful for their time etc but i think anyone here would have said not to be phoning up for more details but just sit and wait (seen as CCA request was put it) and no details on statute barred either?? i hope some-one reads this and thinks i'm going doing the right thing? i'll be handing in a copy to trading standards too so they know where i'm at etc.

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sorry, forgot to add that (after 2 hours) in CAB i told her that at the end of the day i thought it was statute barred and in any case Link couldn't prove i owed this money etc etc and she told me that i couldnt prove i didn't and i should be relieved they've not added charges:shock: :confused:

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Just proves that CAB are not very clued up. They may have good intentions but in your case they could and indeed did try to give you the wrong advice.

 

It does make you wonder doesn't it!

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sorry, forgot to add that (after 2 hours) in CAB i told her that at the end of the day i thought it was statute barred and in any case Link couldn't prove i owed this money etc etc and she told me that i couldnt prove i didn't and i should be relieved they've not added charges:shock: :confused:

 

I have also had useless advice from the CAB in the past... about a repossession debt. I ended up sorting it my own way.

 

They are very good about a lot of things but the advice given is totally by the book.. and not alway appropriate. I knew the manager of my particular CAB on a personal level through my daughter's school and she was an absolute idiot !

 

:)

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update time, sent the following letter to Link on friday rec delivery

 

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Re: LINK REF xxxxxx

 

No debt is acknowledged to you. You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

I would point out that under THE PRESCRIPTION and LIMITATION (SCOTLAND) ACT 1973 PART 1, PRESCRIPTION SECTION 6

“If after an appropriate date, an obligation (an appropriate debt) has subsided for a continuous period of 5 years:

(a) without any relevant claim having been made in relation to the obligation, and

(b) Without the subsistence of the obligation having been relevantly acknowledged; then as from the expiration of that period the obligation shall be extinguished…”

I would also point out that the Office of Fair Trading (OFT) say under their Debt Collection Guidance on statute barred debt that;

“it is unfair to pursue the debt if that debtor has heard nothing from the creditor during the relevant limitation period”

The last written acknowledgment/payment of this debt was made over 5 years ago and no further acknowledgment or payment has been made since that time. Unless you can provide evidence of payment or written contact from me in the relevant period under PART 1 SECTION 6 of the above Act, I suggest that you are no longer able to take action against me to recover the alleged amount claimed.

Furthermore. The OFT Debt Collection Guidance states that “continuing to press for payment after a debtor has stated that they will not be paying a debt because it is statute barred could amount to harassment contrary to section 40 (1) of the Administration of Justice Act 1970”.

I await your written confirmation that no further contact will be made concerning the above account and confirmation that this matter is now closed.

On a further note, I would also like to point out that I have contacted the Office of Fair Trading, Trading Standards and the CAB regarding the above account and my local Trading Standards Officer took copies of all correspondence between ourselves for further investigation. The main points to be looked into further are;

The debt being statute barred (5 years Scotland).

Failure to provide me with a CCA.

Taking the £1.00 fee for the CCA as payment against the alleged debt.

Asking for further money before the CCA can be provided.

Asking me to send my ID to you before you will provide me with the CCA.

Telephone harassment.

A copy of this letter will be given to my local Trading Standards Officer as will any further correspondence, and finally, as I no longer require a copy of the CCA and the last letter you sent me stated that you didn’t have to provide one, I would therefore like you to refund the £5.00 that I have sent to you for the purpose of the CCA.

I look forward to your reply.

Yours faithfully

i also emailed it to my local trading standards officer and he emailed me back today congratulating me on such a great letter!!!!!!! he also states

I'm currently compiling information to forward to the OFT and Link Financials local Trading Standards (London Borough of Southwark) which I trust will be acted upon in relation to any future licensing matters. I would hope that investigations are made to determine whether your case is an isolated one or is it actually one of many which would then warrant serious action.

I would be very surprised if you hear from Link financial again. On the other hand I'm confident Link Financial haven't heard the last of this....

Many thanks

Regards

 

XXXX XXXXX

Trading Standards Enforcement Officer

 

aaah, what a great man! so i'm just waiting for a reply from Link now.

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great thread to read, your inspiring me to do what i can for myself

 

i hope everything works out for you!

 

Kenny


Me Vs AA/Blair Oliver - Defaulted on CCA, Committed Criminal Offence, started chasing payment

 

Me Vs Great Universal - Wrote off the 2k balance, couldnt supply docs

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/74209-me-littlewoods-catalogue.html

 

My Friend Vs Lowell Portfolio - Balance written off, all action stopped!

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75075-my-friend-lowell-victory.html

 

My Friend Vs Empire Catalogue - Balance Cleared

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/75713-my-friend-empire-droyds.html

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*********RESULT******

 

Just received letter half an hour ago from Link; quote;

 

Thankyou for your recent correspondence regarding the above account number.

 

Having investigated this matter your account was passesd to Link Financial in March 2002.

 

A notice of assignment letter was sent to xxxxx (an old address so i never received) which confirmed we were the legal owners of the respective amount.

 

Telephone calls were made eo XXXXXX (a number i had about 10 years ago????) and a follow up letter was sent to you in march 2003.

 

We have noted you have not made a payment since August 2000 and although you do not acknowledge the debt since then, we feel we have tried to contact you within the relevant limitation period, however we will now close our files on this account.

 

unquote

 

 

yipee, thats it. closed file!

 

So i am chuffed to bits, all that stress, writing letters, being shouted out down the phone, meetings with CAB/trading standards etc has been worth it, AND of course having this site and the fab forum members at my fingertips:D you rock:D thanks:)

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*********RESULT******

 

Just received letter half an hour ago from Link; quote;

 

Thankyou for your recent correspondence regarding the above account number.

 

Having investigated this matter your account was passesd to Link Financial in March 2002.

 

A notice of assignment letter was sent to xxxxx (an old address so i never received) which confirmed we were the legal owners of the respective amount.

 

Telephone calls were made eo XXXXXX (a number i had about 10 years ago????) and a follow up letter was sent to you in march 2003.

 

We have noted you have not made a payment since August 2000 and although you do not acknowledge the debt since then, we feel we have tried to contact you within the relevant limitation period, however we will now close our files on this account.

 

unquote

 

 

yipee, thats it. closed file!

 

So i am chuffed to bits, all that stress, writing letters, being shouted out down the phone, meetings with CAB/trading standards etc has been worth it, AND of course having this site and the fab forum members at my fingertips:D you rock:D thanks:)

 

Great Result...Are you going to send up a following letter requesting another letter from them that will confirm they will not be selling this to another DCA?


Just hate every DCA out there

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well well well...guess who sent me a letter out of the blue today!!LOL my old pals at Link..its actually a 'statement of account' showing the balance at 340.00..so not demanding money..i was livid (if you read the whole thread to see i battled them and eventually they said they would close the file) i have since moved address but get mail given to me occasionally by the new owners who we know a little...anyway..i got mad, new computer, cant find any of my letters and had to come on here to recheck what had happened!!!..phoned them....cant get throug..heart racing..etc etc..then i though STUFF IT!!!! not gonna waste any more of my wonderful time on the lowlifes who have accidentally sent out a statement to me on an account they closed over 2 years ago...incidentally i notice you cant get to their website any more..hmmm:rolleyes: hard times for link eh:D

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Just make sure they're not still messing with your credit file!

 

And why not have some fun at THEIR expense? They said they'd closed the file on a statute-barred debt, and clearly they haven't. Write to the OFT and trading standards, and think of all the man/woman/monkey hours that Link will waste dealing with it. Just like they did to you.


“The industry is rotten to the core, whether it is in-house recovery and collection, or where agents are used, or where the debt has been sold.” Andrew Mackinley MP, House of Commons, 22 April 2009

 

If a Cagger helps you, click their star. Better still, make a donation however small, so that CAG can continue to help others.

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ta donkeyb, i am (maybe niavely) thinking that they still have details on record and mistakenly printed off a statement and sent it out?? on the other hand i know full well how adament Link can be? i think i'll write them (not telling them my new address) and pointing out harrassment etc and forward a copy of letter to my local trading standards too, oh and i will tell them if any further letters are sent they will go straight to the OFT..

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