My link story

[ashmk]

Ive been reading these forums for some time and am using the advice given and I thought I would post my progress for a debt Link financial claim I owe.

 

On 6th june 2007 I sent a CCA request to link, I used the one posted on these forums I also added a bit about not calling me but other than that it was exactly the same but with my details. Sent recorded delivery and with £1 postal order.

 

On 13th June I recieved this back which after reading the forums Im guessing this is some type of automatic response.

 

 

 

 

 

 

 

 

I then recieved a postcard around a week or so later but sadly I 'filed' it so I cant scan and show but it was a basic printed in handwriting postcard to call some woman. I didnt call as I expressed all communication to be in writing.

 

Now we fast forward to today 5th july 2007 and I recieve another letter but before you read that u should know that I havent recieved any letters that contain the CCA they should have provided for the debt I supposdly owe them. Whats up with that ???? Oh and they claim to have used my £1 to credit the account they have set up under my name. Obviously im aware not to send any funds to them as I have paid the £1 fee required by law to pay for the CCA.

 

I noticed I didnt write down the postal order number so I may have to pop to the post office to get this if needed.

 

This is the letter I recieved today. (i call this letter 3. letter 2 was the postcard i filed)

 

 

 

 

Any comments will be greatfully recieved. I will keep this updated as I recieve more letters.

 

Should I call them ( record the call and tell them so) to chat or just stick to the letters.

 

Should I wait the 12 days plus 30 to talk about the CCA or is 12 days enougth to do something. It is now (as of 5th july 07) 29 days since I sent the CCA request.

 

Thankyou for your help.

[Vampyra]

Do nothing! Unless someone has a better suggestion. After 12 plus 2 working days they have gone into default and cannot enforce a debt without going to court and producing the CCA documentation.

[Curlyben]

As Vamp so rightly says, ignore their automated nasty grams as they are just fishing.

I fact don't respond to them until either the CCA arrives OR the 12+Month are up

[djdave]

Welcome!

 

What you have there is a slight change in tactic from Link. Actually you've been lucky: in the past they've always maintained that they don't have to help in getting an agreement but could do so if you sent them a fiver! Cheeky beggars, at least they're learning...

 

If you've got this far, you're obviously aware of the CCA. Have you read s189? Link are acting as the creditor, whether they think so or not, so have a duty to provide your agreement.

 

Continuing with collection action while an account is in dispute is a breach of the OFT guidlines on debt collection - you'll find them in a sticky above this forum.

 

Whether you write back or not is your call - it's not your job to remind Link of the Consumer Credit Act or the OFT regulations. But ensure you keep all their correspondance as it builds your case against them.

 

What's your situation, if you don't mind me asking. Do you genuinely dispute this debt, or is it real but made up partly / largely of unlawful charges?

 

Anyway, as you'll have seen from reading these fine forums, you're in the right place. If and when Link send you an agreement (or more likely an application form) post the details and we'll go from there.

 

[ashmk]

Im disputing the debt totally.

 

And thanks for the welcome but I already seem like I know you all as ive actually been here a long time but never bothered to register, im sure theres loads like this.

 

 

With regards to there phone calls because they have called my mobile a couple of times without withheld numbers and possible many times with withheld numbers (my mobile instantly rejects withheld numbers and sends a dead tone, it also logs so i can check back later if i want) I just dont answer or react.

Im not a soft touch and dont get intimadated by this sort of thing, im sure im the type of 'client' they hate.

 

I tell a lie about not calling them, I did ring this morning (not disclosing any of my details) and demanded a freephone number or geographicial number as im not calling a 0870 and reluctently the girl gave me one after trying to explain that it will cost the same (did I ask the cost ?? no i asked for a geographicial number).

 

 

Anyway thanks for the help so far, even if i dont answer after each post be sure that im here reading as it goes along. Thankyou.

[djdave]

Good on you for not letting these clowns intimidate you. With regards to the phone number, my advice is to keep everything in writing.

 

Link's response to my SAR (when it eventually came) reveals that they're quite selective in the notes they put on your file. For example, they seemed to miss out the fact that they shared my data with a work colleague and a family member, whereas a proper transcript would have incriminated them. Funny, hey?

[ashmk]

Im wondering about the way they have handled my £1 fee. Does this mean they can now turn around and say they had not recieved the request even though the first letter clearly states I have ?

 

I should have included about the fee not being used but I just used the forum template (N) and it didnt include this, I wish I had put that in. Mabey someone should update the template ?

[Curlyben]

Don't worry, they have aknowledged your letter so that's all that matters.

I just reread it and laughed at the part where they mentioned recahrging you for getting the documents.

Be interesting to see them do that as it's unlawful in the extreme.

 

Doesn't really matter what they do with the fee, so long as you sent it.

[ashmk]

Ok thats great as they have mentioned the request and the fee in there letter so its covered there.

 

I also CCA'ed my 2 real debts just for the sake of it today to see what comes back and also the girlfriends but she has better ones than me, she has cabot and capquest to play with where as I only have highland and fredrick-something. Sometimes I feel so left out and I see cabot has its own fan club here and im not part of it

[rory32]

I should have included about the fee not being used but I just used the forum template (N) and it didnt include this, I wish I had put that in. Mabey someone should update the template ?

It's very clear in the template what the £1 is for. If they tried to argue that this was a payment on the account it would not hold any water.

[ashmk]

Quick update. i checked my credit file this morning and theres nothing on there refering to this debt. In fact I have a pretty clean file, only one small debt which is being disputed but is such a small amount of money its not worth making a thread about.

Now im assuming that link having the debt puts it pretty far up the road and would have been bounced around a few comapnys before link got it and if this was enforcable surley someone should have made there mark on my file before link got there hands on it.

 

Any ideas as to why its not showing up with experian ?

 

Also whiclst on the subject of experian. Do all the agencys share the same details or could one , experian for exmple have one thing and another have something else ?

[payingonlyencouragesthem]

Any ideas as to why its not showing up with experian ?

 

Also whiclst on the subject of experian. Do all the agencys share the same details or could one , experian for exmple have one thing and another have something else ?

 

As far as I can tell (and I have had extensive experience with this) many companies just wipe the debts off your credit file when they sell them. The only defaults on my credit file are from DCA's and two lenders who have had CCA knock backs. They just seem to be using the CRA's as a last ditch blackmail attempt. I am trying to force them into court to deal with the problem without much success yet.

[rory32]

Also whiclst on the subject of experian. Do all the agencys share the same details or could one , experian for exmple have one thing and another have something else ?

Experian and Equifax sometimes hold very different info about you on your credit record.

[ashmk]

Recieved another letter from link today and ill be honest is was a relief. They are just about to commit a criminal offence by passing the 1 month deadline.

I was concerned it was my CCA but thankfully it turned out to be Link Financial junk mail so will be added to my file for my complaint.

 

I love it how they claim they have tried to contact me on a number of occasions but despite our best effots blah blah blah. I would love to know what there best efforts are.

 

Any thoughts here, im pretty sure they are standard templates designed by the Tracy George collection.

 

 

 

 

 

[Curlyben]

Nice.

I like how they threaten legal action WITHOUT any deadlines.

Just wait them out untill the 12+month passes then report them to TS for starters.

[ashmk]

To right, im going to kick up a right stink.

[NitrousOxide]

Hi,

I sent Rory a PM for the letter to send next (as I need it too).

I'm guessing they don't have it. Probably thought you would "forget" about the CCA request and start hassling you again.

[rory32]

Was this the one you were thinking of Nitrious?

 

Dear Sir/Madam,

Re Account No: xxxx

Thank you for your letter dated xxxx in which you inform me of your intended legal action.

I would however refer you to my letter sent you on xxxx, delivered xxxx, VIA RECORDED DELIVERY in which I requested a true copy of the credit agreement.

To date you have failed to acknowledge these requests in any way, whether by confirmation of receipt of the letters or by supplying the requested documents. The documents I requested should be readily available as proof of your legal right to collect this.

In my letter of the xxxx I made a formal request for a copy of the signed, executed credit agreement for the above account under Section 78(1) of the Consumer Credit Act 1974. In addition a full statement of my account should have been sent to me detailing all debits and credits to the account.

The Consumer Credit Act allows 12 working days for a request for a true copy of the credit agreement to be carried out before you entered into a default situation. If the request is not satisfied after a further 30 calendar days, you commit a summary criminal offence. These time limits expired on xxxx and xxxx respectively.

 

As you are no doubt aware, Section 78(6) states:

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.

 

Therefore on xxxx this account became unenforceable at law.

You have FAILED to comply with a request for a true, signed copy of the said agreement, and other relevant documents mentioned in it and FAILED to provide any of the documentation requested. Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

Furthermore I shall counterclaim that any such action constitutes unlawful HARASSMENT.

Please note you may also consider this letter a statutory notice under Section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies. Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data. It is not sufficient to simply state that you have a ‘legal right’, you must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you fail to respond within 21 days, I will expect that this means you agree to remove all such data.

 

Furthermore, you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute. The lack of a credit agreement is a very clear dispute and as such the following would apply:

• You may not demand any payment on the account, nor am I obliged to offer any payment to you.
  
• You may not add any further interest or charges to the account.
  
• You may not pass the account to any third party.
  
• You may not register any information in respect of the account with any of the credit reference agencies.
  
• You may not issue a default notice related to the account.

I shall of course report your actions and those of your client to any such regulatory authorities as I see fit.

I trust this clarifies the matter for you.

Yours faithfully

[NitrousOxide]

Hi,

Yes that's the one. Thanks very much.

Ash this is also useful to you. I would still report them to TS when the deadline passes.

[ashmk]

Already modified it ready for shooting.

[oneofakind]

Hi,

Just subscribing to this thread: interested because my OH has just received notification from Link that her debt to MBNA has been 'assigned' to them. Interestingly, MBNA say they've SOLD the debt to Link!

anyway, upshot is that thay claim "As a result of this assignment, the full amount of the outstanding balance is due to us immediately."

Yeah, right. We'll immediately pay them over three grand.

Guess I'll be starting my own thread here soon....

 

[rory32]

An assignment can be the sale of the debt from an assignor (MBNA) to an assignee (Link).

[oneofakind]

Thanks Rory,

New to all this DCA stuff, have spent most of my time on the Barclays forum up to now. guess I should do some more reading....

[ashmk]

Just an update I have still heard nothing RE. CCA request.

 

Ive just realised that I never dated my CCA request AND they never signed for the letter so Im running my 12+30 days from the day they confirmed they had recieved it which was 13th June. I worked it out as follows 13th June - 29th june = 12 working days. All of july = 30 days.

I suppose I could check if the PO was cashed but as they sent a leter stating they had recieved the CCA request I think thats enougth.

 

So as it stands now they are in criminal default (according to my math)

 

So shall I send that letter Rory posted in post 18 or shall I keep quiet and wait for them to make a move ?

[Jeff2000]

Just an update I have still heard nothing RE. CCA request.

 

Ive just realised that I never dated my CCA request AND they never signed for the letter so Im running my 12+30 days from the day they confirmed they had recieved it which was 13th June. I worked it out as follows 13th June - 29th june = 12 working days. All of july = 30 days.

I suppose I could check if the PO was cashed but as they sent a leter stating they had recieved the CCA request I think thats enougth.

 

So as it stands now they are in criminal default (according to my math)

 

So shall I send that letter Rory posted in post 18 or shall I keep quiet and wait for them to make a move ?

 

 

Hi,

 

 

It's really up to you!

 

Depends whether you want to lie low for a while, or attempt to stir them up a bit!

 

I waited until they sent yet another pay up now letter, then I wrote to them pointing out their misgivings! I also complained to TS at this point!

 

 

Good luck, Jeff.