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Newbie in need of help with Link Financial


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Hi all,

Hope someone can help me cause I'm afraid, very afraid.

 

My story from the beginning.

 

A good few years ago (1997) had a few debts, which included Abbey and was promptly defaulted on an account in June 2001. All debts had been settled (so I thought) and I am a home owner (about three years) with no arrears.

 

About four weeks ago got a letter from Link financial saying that they now owned my debt of £1600 which they had bought off Abbey in January 2007. Called them up and questioned what they were on about? Felt intimidated straight away, could not get anywhere with person I was speaking to, trying to explain that I think this debt was years old that I had no recollection of it; they were not happy. Neither I!! Sent them the Limitations Act Template.

 

In meantime sent letter to abbey stating above and copying other letters to them.

 

Three weeks ago received a call in work. How I do not know because I cannot give my number out, they said got it from previous employer?? Have not worked their for NINE YEARS (Do I have Data Protection Act grounds?). This time they were really mad because they had received the letter, told me they could not give me any information due to Data Protection Act and that I get in touch with Abbey for info. As well told me in no uncertain terms that £1500 is to be paid in full (the kind soul said they are doing me a favour letting me off with £100) by 1 June 2007. Sent them CCA Template 1 May 2007.

 

Got a call 3 May in work told them not to ring me in work again. The last I heard was the kindly soul apologising, telling me they will not call me at work again and that they will remove the number from their records.

 

Done some digging at home and last letter ever received from Abbey about account was July 2000 stating that it will now be administered by Outstanding Credit Services (Credit Control Ltd), also found payment books from 1999/2000.

 

Today received letter from Abbey to give them four weeks to resolve complaint but have not heard from Link Financial.

 

Can anyone please advise me on the next course of action? Can link send bailiffs after 1 June? Shall I make a repayment offer? Help!!

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Please don't be afraid, this is what they want and expect.

 

They're getting very arsey because the debt becomes statute barred in June! You've got to keep your nerve with this and the next time they call, a) tell them they're not to call again, b) to communicate with you in writing only, and c) that you expect them to comply with your CCA request or you'll report them to Trading Standards.

 

The little clue is that they expect this by June 1st ! But by the time June 1st comes, they'll be well into default with the CCA request and it will be unenforceable unless they produce the document before it becomes statute barred, also, by this time, the time that it will take to prepare legal proceedings will take it over the statute barred, presuming that you've made no payments or acknowledgements after the debt was defaulted.

 

Also, and finally, this is a loan and not a bank account I presume?

 

Good luck, Dave. thumbsup.gif

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

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http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

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Thanks for your prompt reply Dave.

 

Yes, I think it is a loan. I would also like to add that they said my last payment was 2004 but I have no recollection of this being four years ago or more.

 

Can banks just pass a debt around to anyone they please for money?

  • Haha 1
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Yes, i'm afraid the credit industry can pass around and sell debts however the hell they like and a lot of times they do it illegally but don't give a monkeys anyway.

 

As for the alleged payment in 2004 you may have to prove that you didn't make it. :( I don't often advocate this but it may be in order to send the original creditor a Subject Access Request using the Data Protection Act, but this isn't a bad thing... As it may prove that you didn't make that payment, and it may throw up some unlawful penalty charges that you can use to reduce the debt if it's not statute barred, and, it'll show wether or not they hold an acceptable copy of the original credit agreement.

 

Just looked at your 1st post again, as for bailiffs, no way! They have to get a CCJ for that, and then, only if one deaults on a court order, as a last resort can they send bailiffs in! Even if they threaten to send a doorstep collector or a field agent or an investigation agent, they have absolutely no legal power whatsoever and can be treated as a tresspasser after a first request asking them to leave. (Ask them to leave and then call the police!)

 

Stick to your timelines on this, not theirs. You've sent the CCA request. Did you send by Rec/Del? Did you include the £1.00 payment? Have they signed for it? Have they acknowledged it?

 

http://www.crw.gov.uk/resources/consumercreditact1974.pdf

The Consumer Credit Act 1974 (Chapter 39)

S.77

(4) If the creditor under an agreement fails to comply with subsection (1)--

(a) he is not entitled, while the default continues, to enforce the agreement; and

(b) if the default continues for one month he commits an offence.

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

 

Use the information that you've learned here to your advantage and turn this game to your advantage, if needbe consult your local CAB or Trading Standards, they're a fantastic help!

Also see my Capital One / Lowell Financial thread

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

And my Robinson, Way & Co Ltd thread

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/71386-diskmandave-robinson-way-co.html

 

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

 

You see... It isn't all doom and gloom! rolleyes.gif

 

Good luck, Best Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

KEEP WILDLIFE IN THE WILD

http://www.bornfree.org.uk

BORN FREE FOUNDATION

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Once again thanks Dave, I am feeling a lot better after your advice and help.

I sent CCA recorded delivery with £1 payment. I can only assume they signed for it as they rang me in work next day about a letter they had received. To date I have had no acknowledgement of such.

I will look at your links.

Kind regards

Frank

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Had no reply to CCA yet. Decided to check RM Track and Trace, entered ref number and following came up

 

1009.gif

Recorded Signed For™ items are only tracked after the item has been delivered. Depending on whether the item was sent first or second class, this may be a few days after posting. Please try again later.

Information on your item is not yet available online.

 

CCA was sent on 02/05/07, does above mean that it has not been delivered or signed for? Shall I send another CCA or just see if anything turns up.

 

This is driving me mad !!

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hi fs1

 

try ringing royal mail tomorrow first they may be able to tell you wether they got it when and who signed for it

 

i had one that was,nt showing for ages thats what i did

 

also did you send £1 cheque or postal order?

 

:)

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Hi meg & mog,

 

Wiil call them as you suggest and yes I sent a £1 cheque.

As a matter of interest and hopefully of some help to me, what was the outcome when you knew your CCA letter had been signed/deleivered?

 

Regars

fs1

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Hi,

I would agree with Dave about the SAR (like him I wouldn't normally advocate a SAR on something almost statute barred). It may however be worth waiting until June 1st before sending it as if there was no payment this is your statute barred date.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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hi fs1

 

well the dca i cca,d is still ongoing but the lady at royal mail was able to tell me when they recieved and the name of the person who signed for it within a couple of days it was on royal mail website so i was able to print it off for my records

 

sorry i did,nt have a resoloution for you

 

good luck:D

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Help!

Just rang Royal Mail and they say item not yet delivered!! Told me to wait a couple of days and call back. Also, if item is lost, the 15th working day is 23rd May. This was supposed to be my default day. What shall I do now? Resend CCA tomorrow special delivery or leave it?

Just a thought when I had a call in work off LF on 3rd May they said they had received a letter, can these unscrupulous b""""""" have got it without signing for it?

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Help!

Just rang Royal Mail and they say item not yet delivered!! Told me to wait a couple of days and call back. Also, if item is lost, the 15th working day is 23rd May. This was supposed to be my default day. What shall I do now? Resend CCA tomorrow special delivery or leave it?

Just a thought when I had a call in work off LF on 3rd May they said they had received a letter, can these unscrupulous b""""""" have got it without signing for it?

 

 

Hello fs1,

 

 

They received my letter, somehow without signing for it!

 

Don't worry too much. They will send you a letter fobbing you off. They will say something along the lines of:

 

This request does not apply to us, as it only deals with matters during the lifetime of the agreement.

 

It's a load of b*******, but it what they send to just about everyone that sends a CCA request!

 

Just stick to your timescales, and let them default.

 

 

Jeff.

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  • 2 weeks later...

All gone quiet on the western front (hope I am not tempting fate). Nothing! No calls no letters,nothing. Don't know whether they have received CCA (day 12 tomorrow 23rd). Sent SAR to original creditor though. What is my next move folks?

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Don't forget to see if your cheque has been cashed! If it has, they've had the cca request!

 

Just out of interest was the address a mail address or a p.o. box?

 

Regards, Dave.

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

--

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http://www.bornfree.org.uk

BORN FREE FOUNDATION

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You made a bit of a mistake sending the request to a PO box, as it's occaisionally possible to collect registered mail from one without signing for it, always send mail direct to a registered address, that way it will always be signed for.

 

Be under no miss-apprehension, Link are one of the worst **** out there, they will act seriously fast in pushing through a CCJ, usually through their uncannilly friendly judges at Lambeth CC, so you must act even faster in stopping them in their tracks.

 

Get any court action transfered out of Lambeth as quickly as you can.

 

As the letter has not been signed for, and the cheque has not been cashed, I would send them another letter and a POSTAL ORDER to their registered address.....

 

LINK FINANCIAL LIMITED

CAMELFORD HOUSE

87 TO 90 ALBERT EMBANKMENT

LONDON

SE1 7TP

 

(courtesy of Companies House :) )

 

...and keep an eye on your account for the original cheque going through in the meantime.

 

Personally, I would never send any DCA a cheque, as this carries your banking information, and although it's illegal, it's a piece of cake for them to initiate a direct debit without your knowledge.

Nil Illigitimus Carborundum

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Personally, I would never send any DCA a cheque, as this carries your banking information, and although it's illegal, it's a piece of cake for them to initiate a direct debit without your knowledge.

It also carries your signature which can be scanned and pasted onto a credit agreement (allegedly).

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Got letter today stating following details

1. Can take up 30 days to supply me with copy of agreement and

and most recent terms and conditions

2. For me to contact them to tell them what copies of statements I

require??

3. No admin fee has been applied to my accountso £1 has been applied to

reduce my debt?

4. Account put on hold for 14 days for me to contact them.

 

Can anyone please help with what my next step is?

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Firstly, the letter they sent you is their usual stalling trick, it means nothing, stick to the time limits now you know they recieved the original letter, unfortunately without the signature you don't have an exact date, so I would personally assume 2 days after posting.

 

As for getting the case transfered out of Lambeth, you just have to respond to any claim with notification that you are defending against it, it "should" happen automatically.

 

Keep us updated.

Nil Illigitimus Carborundum

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To expand on nicsussex's point - if you are in England/Wales you can acknowledge a debt in two ways

(1) in writing

(2) by paying it.

 

I would write to them informing them once again that you do not acknowledge any debt to them. The £1 was for the administaration cost of the CCA request. If they have not used it for this purpose then please return the fee.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Got letter today stating following details

1. Can take up 30 days to supply me with copy of agreement and

and most recent terms and conditions

2. For me to contact them to tell them what copies of statements I

require??

3. No admin fee has been applied to my accountso £1 has been applied to

reduce my debt?

4. Account put on hold for 14 days for me to contact them.

 

Can anyone please help with what my next step is?

 

 

Hi fs1,

 

 

I got the very same letter off them after they claimed s 77/78 of the CCA didn't apply to them. I let them default and then I reported them to TS! (I hope this had something to do with it).

 

In your CCA request, did you clearly state what the £1.00 was for?

 

If so, you should be OK! However, I would be inclined to write to Link, as suggested by rory32, and reiterate what your £1.00 fee was for.

 

 

Best wishes, Jeff.

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