Scare tactics from Link Financial Ltd

[djdave]

Firstly I'd make a formal complaint to the companies concerned. Make it clear that your letter is exactly that, a formal complaint, and request a copy of their complaints procedure. This way, if they haven't sorted it after 8 weeks you've left the way clear to escalate matters to the FOS.

 

Secondly contact your local Trading Standards and let them know that you're being persued for an alleged debt despite the companies being in default of the Consumer Credit Act - which is an offence.

 

Lastly I'd advise reporting them to the OFT (address below). Sadly the OFT won't act on individual cases, but they are interested in building up a profile of those DCAs whose behaviour calls into question their fitness to hold a consumer credit licence.

 

Office of Fair Trading

Consumer Credit Licensing

Room 1C/5

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

[ODC]

Send GPB a copy of post 98 as well. He is a Solicitor for Hire for the DCAs ALLEGEDLY

[mummybird]

Thanksfor that - so I write to both J.B. Debt recovery & their solicitor saying that its a formal complaint because they are in default of my request under the CCA. Shall I tell them I intend to contact the relevant bodies?

[mummybird]

Thanks also ODC - thought it might be a good idea to send that to the new solicitors

[mummybird]

I have sent letter of the JB debt and gpb as suggested.

I also telephoned my local Trading Standards but not much help there.

I seem to know more about the CCA than they do and they referred me to the Consumer Credit Council, which just seems to be debt advice, which I don't need when I've got you all!!!

[mummybird]

Hello Everybody,

They've crawled out of the woodwork again.

Wrote to Link 26th Jan. using letter as at post 81 above.

New letter arrives as follows:

 

IMPORTANT YOU SHOULD READ THIS IMMEDIATELY

Default notice served under SEction 87 (1) of the Consumer Credit Acty 1974

 

Dear.....

Reference:MBNA ......blah blah.....

 

We, Link Financial Limited,give you notice of default acting on our own behalf as assignee of the benefit of the above referenced agreement and debt and on behalf MBNA to the extent that they are still a creditor.

You have breached clauses 1B and 8 of the agreements which require you to make payments at stated times. In order for you to remedy this breach you are required to make full repayment of the outstanding balance by 4th Oct 2008

IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE

SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THIS BREACH.

iF YOU DO NOT THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU

On or after 4th Oct the agreement will be terminated

 

IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME

iF YOU ARE NOT SURE WHAT TO DO YOU SHOULD GET GET HELP AS SOON AS POSSIBLE FOR EXAMPLE YOU SHOULD CONTACT A SOLICTOR,, YOUR LOCAL TTRADING STANDARDS OR NEAREST CITIZENS ADVIEC BUREAU

 

We may be contacted on ......should you wish to organise repayment.Our specialists are here to help you mon to fri blah blah

 

Can somebody advice me urgently, I've been in hospital, so am just starting to deal with this latest tirade

Thanks

Kind regards Mummybird

[Curlyben]

Well how can they default you when they haven't even complied with your reasonable request.

 

Throw this at them:

 

Account In Dispute

 

Ref:

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On the **DATE** I wrote to you requesting a copy of the credit agreement and other information under the Consumer Credit Act 1974 (Sections 77-79).

 

On **DATE** a member of your staff signed for delivery of my written request and I have an electronic proof of delivery showing their signature and the date.

 

To date you have failed to comply with these requests in any way, whether by confirmation of receipt of the request or by supplying the requested documents.

 

These documents I requested should be readily available as proof of your legal right to collect this account under the Consumer Credit Act 1974.

 

In my letter of the **DATE** I made a formal request for a copy of the signed, executed credit agreement for the above account under section 77(1) of the Consumer Credit Act 1974. In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account 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 as 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 not respond within 14 days I 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 applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

BLAH

 

Just edit as needed

[mummybird]

Curlyben,

 

Thank you so much for your quick reply. Will get it of straight away

kind regards

mummybird

[ODC]

Link seem to have sent out a small amazonian rain forest of these defaults recently. I would be interested in hearing what Pau or Curlyben have to say about

 

a. The point of them

 

b. The reasoning behind them

 

c. The advantages to Link of issuing them

[angry cat]

This link will show just how many consumers have received the imfamous DN.

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/162255-link-financial-limited.html

 

AC

[citizenB]

Mummybird, also, what date was on the letter and when was it received by you ?. There should be 14 clear days between the date of the letter and the date you are supposed to remedy the breach.

 

I notice the date in the body of the letter is 4th of October, therefore the letter should have been dated 19th September or before.

[angry cat]

To my knowledge this mass mailing was sent out via TNT post;

TNT post is delivered by Royal Mail, but takes 4-6 days to be delivered.

 

by citizenB:

"There should be 14 clear days between the date of the letter and the date you are supposed to remedy the breach".

 

AC

[mummybird]

Hi all

 

Their letter was dated 22nd Sept. I received it on 29/30th Sept.

[oneofakind]

Hi Mummybird.My OH has just received the self-same letter.Shame for LINK that they have failed to supply a valid CCA....BTW... why do their letters never arrive until two days before their 'remedy' deadline... I can never figure that out.....

...and why aren't my smileys working???

or the formatting.....

[emmaf01]

Those default notices have been chucked out to everyone that has sent in CCA requests which haven't been properly replied to, I think!

 

Mummybird, you really are doing a marvellous job, doing all of this for your family!

[mr.ton]

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?

 

You know your winning when you start getting those responses

[citizenB]

Mummybird, also, what date was on the letter and when was it received by you ?. There should be 14 clear days between the date of the letter and the date you are supposed to remedy the breach.

 

I notice the date in the body of the letter is 4th of October, therefore the letter should have been dated 19th September or before.

 

To my knowledge this mass mailing was sent out via TNT post;

TNT post is delivered by Royal Mail, but takes 4-6 days to be delivered.

 

 

Hi all

 

Their letter was dated 22nd Sept. I received it on 29/30th Sept.

 

Then the DN is definitely defective. So as ODC points out in post 109, what is the point of Link sending these out ?. They must realise they wont be able to rely on them:???:

[mummybird]

Thank you Emmaf01,

 

I love my kids and step-kids to bits. There are so busy carving out careers, I enjoy helping and last but not least it stops my brain from seizing up!!

The CAG has taught me such a lot and I'm eternally grateful to you all:)

 

regards

mummybird

[mummybird]

just a thought - Link said on 12 FEb 08 that the MBNA account was assigned to Link in July 2004, but in their latest missive they say they are acting on their own behalf as assignee and on behalf of MBNA to the etxtent they are still a creditor as per my post 106

Does that make sense?????

[emmaf01]

No, but its Link- they rarely make much sense. They haven't managed a consistant argument in the five years they have been chasing my husband!

[angry cat]

I have also been pursuing Link for some time now;

Link ignore my correspondence.

 

[Question]: Link, are you the Creditor?

 

Link will not answer.

 

AC

[mummybird]

Gos Emmaf01

They've been at you for five years!!!!!

Can you tell me what it means in your post about the libel claim

regards

mummybird

[robcag]

 

Can you tell me what it means in your post about the libel claim

 

 

Hi mummybird

 

If you are referring to the text to the left and below peoples usernames then that is describing the fact that CAG have recently been notified that an ex-helper (an administration assistant I believe, possibly even formerly formally employed by CAG) has launched a libel action against CAG.

 

The CAG 'owners' are appealing for donations to help mount a legal defence against this attempt to extract money from them by someone who you would think and hope would know better than to put mthe existance of CAG in jeopardy.

 

If you wish to make a donation you can do so via PayPal by clicking the message seen on some users panel on the left, or click the large 'donate' button at the top of every page.

 

If you wish to read an announcement regarding this, see here: http://www.consumeractiongroup.co.uk/forum/announcement.php?f=26&a=140

 

and there is thread dedicated to this matter here; http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/163186-cag-being-sued-libel.html

 

Cheers

Rob

[emmaf01]

Yes, Link have been after my husband for years, though they have only spoken to him once and have not bothered to reply to our correspondence much. They have no passed the statute barred with no CCA debt onto Thames.

 

As you can tell, we are really scared....

[mummybird]

Hi All,

Gosh- haven't heard from Link since Oct 2008. Just rec. a letter from a company called Elmwood Park with a proposal that they will knock 25% of the debt that is "owed" to Link. Just to recap I have never received a CCA from Link and I believe that it could be "statute barred". Link say they acquired the debt in July 2004 and we have never paid them anything. I have corresponded with them, but always said "Account in Dispute"

Any advice now please. The original Virgin C.Card was taken out in 1981