I need help with Link Financial please .....

[mistymoo1975]

Sorry if this kind of thing has been posted before but I am new to this and just really need help!

 

To cut a very long story short, I bought a car on finance with GE Capital a while back. I got into financial difficulty and couldnt afford the car but I had paid over a third of the finance and was able to return the car to GE Capital. I received confirmation that the car had been received and the debt settled. I have never heard anything about this since, and after 3 years, I shred all out of date financial stuff so I have no proof of any of the finance details, date the agreement was taken out etc.

 

Late last year I get a message from my parents who had been asked by a neighbour to get me to ring this company Link Financial. Apparently they had gone onto the register of electors to get details of my parents neighbours as no one was answering at my parents address when they rang!!! The never bothered to write to me at my parents address though.

 

Anyway, I rang them and they asked me for £750 for this alleged debt that I owed to GE Capital, although they had "bought" the debt and I now owed it to them.

 

I advised that I was not aware that I owed any money and asked for proof of this but they just continued to ring and be very rude and sarcastic and nasty about this money.

 

I contacted the National Debt Helpline who advised that the debt may be statute barred as I was sure it was over 6 years ago that I had heard anything about it. I wrote and told Link financial this and they just wrote in reply to tell me that the debt wasnt statute barred as it wasnt over 6 years. I wrote back and asked for proof of this and they just ignore me and keep asking for the money, and these people on the phone arent nice.

 

Anyway, sorry, this story was supposed to be the short version!!! Well, the National Debt Helpline advised that I can have a copy of my original agreement and account with GE Capital for £1 under the Consumer Credit Act 1974. So I wrote to Link with my £1 and asked for this and told them NOT to take the £1 as payment against the debt as I was still not acknowledging the debt as mine.

 

They wront back on 23rd May and said that they had requested the terms and conditions from GE Capital but to get any more info I would have to pay £5 a sheet for it as my account was in default and the £1 consumer credit act thingy doesnt apply to accounts in default. AND they had put the £1 that I sent them as payment against the debt - just as I had asked them not to. So now, even if the debt wasnt statute barred, it wont be for another 6 years coz as far as my account shows, I have paid £1 on 23rd May 2007.

 

I am so sick of this, I have been requesting proof of the account since November 2006 and still they havent provided anything. I have told them, if they can prove I owe this money then I will pay it but I wont just cough up £700+ to a company I have never heard of about a debt I dont believe I have!!!

 

Again, sorry this is so long but I really need help and I have been referred to this site by MSE and the National Debt Helpline so, any answers .................! pleeeease!

[clutchingatstraws]

Can you scan or photo the letter from them on May 23 and post it. Cover any identifying information.

 

The way i see it is that you have CCA requested them and the have defaulted or are soon to default

[diskmandave]

You don't want to hang around with Link financial. You've done all the right things but they are spinning you their renown delaying tactics. Next step from them is court action in Northampton County Court.

 

Get in touch with your local Trading Standards tommorow and explain the situation and story as well as you have here, and make a point of explaining that their tactics are leaving you sick with worry.

Trading Standards Central - Trading Standards and Consumer Protection information for the UK

 

Please keep us posted, their are quite a few Link 'experts' here who can advise a lot better than I can!

 

Best wishes, Dave.

[rory32]

So now, even if the debt wasnt statute barred, it wont be for another 6 years coz as far as my account shows, I have paid £1 on 23rd May 2007

Two issues:

(1) you can not unstatute barr debts. If the debt was statute barred it still remains statute barred.

(2) in your CCA request letter you clearly stated that you do not acknowledge this debt and what the £1 is specifically for. Their application of this £1 to the account under these circumstances would not be considered as an acknowledgement of the debt.

 

You must take a very firm hand with Link. Document when they phone you, if possible record the telephone calls (you need to tell them you are doing this when they call).

 

If you haven't already send them the harrassment by telephone letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/37006-harassment-telephone-response-letter.html

Read the Administration of Justice Act 1970 section 40 located here Debt Help UK : Administration of Justice Act 1970 | UK debt consolidation service with free help and advice | UK debt consolidation service with free help and advice

and read the OFT guideance on debt collection collated here http://www.consumeractiongroup.co.uk/forum/general-debt/55579-oft-guidelines-debt-collection.html

 

Also do as Dave and get in touch with your local Trading Standards tomorrow. This very important.

[Flyguy77]

Link are an unpleasant outfit to deal with, they use many tactics and the first advice is never deal with them on the phone - insist on it in writing and keep copies of everything.

 

 

The letter you received asking for £5 etc is a standard Link delaying and confususion tactic, send the follwing:

 

I Do not acknowledge any debt to your company

 

With reference to etc,etc

 

Thank you for your standard letter of xxxx the contents of which are noted. I would remind you that under section 189 of the Consumer Credit Act 1974 this is a statutory obligation whether you are the original creditor or not.

 

Therefore please comply with my requests stated in my letter of XXXX for true copies of this credit agreement.

 

I have also requested a statement of account, and you have already received the statutory fee of £1, the request for further payments to fulfill your obligation is denied, please comply with my request.

 

Feel free to alter, but if they were originally told not to use the £1 for any other purpose they should be told this and asked to return it forthwith.

 

Again if they have been told not to telephone you remind them in writing and ensure that they are informed such contact will be ignored and harrassment reported under Section 40 of the administration of justice act 1970.

 

Do speak to Trading Standards, Link are arrogant and treat people as if they are stupid - The more reports TS receive the sooner this arrogant shower may be bought to book for their activities. The fact is they almost certainly do not have an agreement and they have committed an offence under the CCA which TS can act upon.

[special_k]

I just received correspondance from Link Financial regarding a really old debt. Would like to hear how things pan out with you. I was thinking of sending them the CCA letter.

[Trojan1401]

Hi Special Kay,

 

Certainly CCA them and also start a new thread providing some detail which can be followed.

[Guest blackie]

Help. Link have registered an order on my property. I have been writing to them requesting a CAG and statements,these have been sent recorded delivery, but the only thing I have had back is the usual letter stating they have requested statements from MBNA and a new letter requesting I contact Link as discuss an amicable solution. They have harrassed the hell out of my husband whilst he has been very ill, the usual postcards, and telephone calls, followed by the CCJ, I did contest it, but apparently it arrived too late at court. We seem to have had a run of bad luck and illness and loss of my father in the last 12 months, so I have to admit I have let things slip, but now I feel like fighting again, can anyone out there help me.

[ashmk]

Blackie, Please start your own thread. You will recieve a far more helpfull reply

[Guest blackie]

Wish I could but I can not find the start new thread button

[palomino]

Go back up one level to the threads list. Down the bottom of the list, on the left, you will see a 'New Thread' button.