Scare tactics from Link Financial Ltd

[everybodiesmum]

Hello everybody,

Just joined you in this forum. Have been on the bank charges re-claim for many weeks now.

 

My son has got himself into quite a bit of debt. He has no landline and no access to a Word Processor. To this end I've asked him to sent all correspondence from claimants to me, so we can try and negotiate. He really wants to get sorted out. My first call came from Link Financial Ltd.

who had acquired a debt of £2763 from MBNA. I asked them to sent me written details, which they duly did (no CCA though). They phoned yesterday demanding all the money, I said no, my son could not afford.

THey then said it had to be paid in a year at £230.26 per month, again I said he couldn't afford, so they suggested £100.00 per month. I said I would discuss this with my son and would they call me after the weekend and that once we had reached a satisfactory agreement, he would set up a direct debit. No said they, it must be paid with a debit card and then went ask for my debit card. I said no - was not paying it, but helping him to sort everything out. They then told me the debt was mine!!!My son is 26 and hasn't lived home for 8 years! I was shocked, so told them to phone them after weekend. Dived into this site and decided I needed time to research, so sent Letter A, asking them for 28 days etc. I also need time to find his other debts, so we can work out a plan.

Has this happened to anyone else?

[mrmarmite]

1st never speak to them on telephone

2nd never speak to them on the telephone

3 CCA them, £1 postal order send by recorded

that will shut them up for a while,

in the CCA metion that you are aware of the telecommunications act 2003 section 127 and you will enforce it should they phone you again

[djdave]

Hi,

 

No CCA, you say. Have Link admitted they don't have one, or are they claiming they don't need to send it? Either way, without one they don't have a right to be asking for anything. What paperwork are they relying on?

 

When and if the time comes to pay them, you're absolutely right not to give them a debit card number. Basically they can then take what they like, when they like. If it does turn out to be a legally enforcable debt, a standing order keeps you in control. They've not right to refuse any reasonable offer of payment, by any generally recognised means.

 

Anyway, that's getting ahead of ourselves. You say you requested paperwork - did you make a specific request for a copy of the credit agreement? If not, make that your next move. Letter N from the templates, and ensure you include "I do not acknowledge any debt". Get your son to sign it, and send it recorded delivery.

 

I'd also include a paragraph to the effect that as your son is not at your address, your phone number should be removed immediately from their database as you have never consented to your data being processed. Insist that any further communication is in writing. I know it's tempting to phone them, but Link are parasites who will deny conversations as and when it suits them.

[mrmarmite]

i would also SAR them £10 bet you find there be few unlawfull charges on account aswell

[mrmarmite]

djdave, dont sign letter, we know what these idiots like for copyin signatures

[djdave]

i would also S.A.R - (Subject Access Request) them £10 bet you find there be few unlawfull charges on account aswell

 

I'd be more tempted to S.A.R - (Subject Access Request) the original creditor - they're more likely to have all the statements.

 

Although, that said, Link's response to my Subject Access Request was rather amusing. I'm currently waiting for a court date

 

 

Good advice about the signature - I've got a "special" sig I use on letters like these

[mrmarmite]

lol ok gotta spend £21 then, CCA to DCA, SAR to DCA SAR to OC. go whole 9 yards, mind you it would be very interesting to see if any discrepencies between OC and DCA

[clutchingatstraws]

No CCA No Pay

 

Do not pay debts by direct debit, standing orders give more control.

 

Cas

[mrmarmite]

everybodysmum, if there are other debts really don't think about them now, some can take a long time to show them selves so hold barr on contacting other creditors, wait for them to contact you, there no point of dragging yourself down.

[everybodiesmum]

Thank you all so much for your instant help. I didn't know about CCA until they scared me yesterday and I started researching this site. Should I ask for the SAR at the same time as the CCA.

They're absolute bullies.

When I have got all his debts together should I go for Payplan. or prepare budgets etc. myself. I'm pretty good at that sort of thing, having been a Bookkeeeper. I was so chuffed when I was before the judge In Cardiff C.C. re bank charges and he told me my paperwork was very well presented. Not that I've got them back yet!

 

When I sent Letter A, I signed per pro for my son, so they're not getting his signature!!

[everybodiesmum]

Thanks Mrmarmite,

I think, some of the other creditors have caught up with him, at his father's address, shall know after this weekend who and what.....

This is why I wanted to work out some kind of plan.

[mrmarmite]

Thanks Mrmarmite,

I think, some of the other creditors have caught up with him, at his father's address, shall know after this weekend who and what.....

This is why I wanted to work out some kind of plan.

 

yet again don't worry bout others, do same when show up send CCA letter. if you start paying a debt off when another 1 comes along simply lower amount to 1st DCA and offset to 2nd ect, as long as you make payments even if only £5 per month, they can't do anything.

 

anyway me personally would send the DCA a CCA and send origional creditor a S.A.R to see how much there are in charges, if there a lot take them to court, half of debts will go away because they made mostly up of charges

[everybodiesmum]

Once again great help. Does anyone know where I can find the address for MBNA? Cheers my dears!

[itsamomentintime]

They then told me the debt was mine!!!

 

ho ho ho thats got to be the best line i have ever heard from a DCA!!!

[diskmandave]

MBNA Europe Bank Limited, Registered Office: Stansfield House, Chester Business Park, Chester, CH4 9QQ.

 

You need to be smart with Link, they'll issue proceedings at lightening speed. Get the requests sent, and send by special delivery if the cost isn't an issue.

 

You need to be as smart as them and just as fast.

 

Best wishes, Dave.

[Curlyben]

Hold off on the S.A.R - (Subject Access Request)'s for the moment and stick to CCA on the DCA's.

If the DCA fails to comply to the CCA request after 12 working days + a month the account is in CRIMINAL default and needs court powers to enforce it.

Obviously if they do supply a completely legit CCA then SAR the original creditor and go for the charges, telling the DCA exactly what you are doing.

 

There is NO point trying to run before you can walk. Take things slowly and easily and you'll get a better result in the long run.

 

As a rule of thumb:

DCA - CCA

OC - SAR (for charges).

[everybodiesmum]

An update. On 23rd Aug. I sent of letter asking for 28 days to sort things (Letter A I think). On 28th Aug. sent Letter N asking for CCA. Both sent recorded delivery.

They phoned me today, but I was out so didn't get the call. Then they phoned my son

"I don't know what you and your mother think you're up to - but you owe us this money"

What are they like?

[Percival Wigglesbottom]

You should be pleased with that response from them . It is an indication of the ineptitude of the company to counter a cca request with a reply like that. They do not have it I bet , and resorting back to insults they think they will get you to forget your legitimate request and pay their illicit demands just on the strength of their 'you owe us' . What fools they employ these days .

[NailPost]

Did you tell them you will only deal with them in writing to remove your telephone number from their database? If you did and they start ringing, answer all calls and say "go away", as politely as you can. Keep a log of all calls and ask for the person's name and position within the company. Then report them to Ofcom for phone harrassment and write to OFT questioning their right to hold a consumer credit licence. make a fuss!

[djdave]

An update. On 23rd Aug. I sent of letter asking for 28 days to sort things (Letter A I think). On 28th Aug. sent Letter N asking for CCA. Both sent recorded delivery.

They phoned me today, but I was out so didn't get the call. Then they phoned my son

"I don't know what you and your mother think you're up to - but you owe us this money"

What are they like?

Do you have any way of recording calls? If they're resorting to those pathetic tactics, it would be very useful to have them saved to produce either in court or in your complaint to the OFT.

[ashmk]

They then told me the debt was mine!!!

 

Next they will be demanding DNA samples !!

[Curlyben]

And your first born sons

 

DCA's WILL say ANYTHING to get a payment !!!

Hence the reason we ALWAYS advise NEVER to talk to them on the phone

[ODC]

MBNA Europe Bank Limited, Registered Office: Stansfield House, Chester Business Park, Chester, CH4 9QQ.

 

You need to be smart with Link, they'll issue proceedings at lightening speed. Get the requests sent, and send by special delivery if the cost isn't an issue.

 

You need to be as smart as them and just as fast.

 

Best wishes, Dave.

No matter how quick they issue the proceedings they still need a CCA.

[everybodiesmum]

Thanks you all for your support.

I'm curious as to the difference between debt collectors

Some collect the money on behalf of their client presumably for a percentage and some say they have bought the debt off the OC. Is this true? If so how can they afford to buy up all these debts? Yhey must be worth millions

[Curlyben]

The debt "purchasers" typically only pay a small percentage of the book value of the accounts, normally no more than 10 or 12% and sometimes even less depending on the account.

Now the difference between various DCA's is very clouded as is the vehicle that is used for purchase, but safe to say that when debts are sold they are normally as a block of a few hundred plus. This is one of the main reasons why the paperwork isn't normally complete.

 

Once they have purchased these "debts" they then proceed to try and enforce the FULL amount to the debtor, hence making a huge profit into the bargain.

 

 

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