Investigation of assets

bernardh_2

When I went into rehab 4 yrs ago,the staff helped me with my debts.I thought that I had either settled them or had arrangements with a couple of others.Now,a firm called Link Financial have been contacting me by phone to say that they have bought a debt from HBOS.I asked them to provide proof of this and they told me that they don`t do things in writing.I wrote to them using a letter suggested by Harassed on this site asking for signed copies of any agreement etc.Today,I got a letter from them saying that my refusal to deal with this matter has "prompted them to make an enquiry under the Land Registration Act 2002." with the aim of getting a CCJ via a final charging order.
How should I proceed from here? All help appreciated.

Willsnarf1983

bernardh wrote:

When I went into rehab 4 yrs ago,the staff helped me with my debts..

firstly thats very nice staff you have, look after them and secondly did u keep proof of the letters u sent?

to me it sounds like bully tactics but i'm not an expert and can so easily be wrong

Will

bernardh_2

The clinic staff were brilliant.I have most of the letters they helped me with but no trace of anything with HBOS.
I have phoned Link 3 times today,but just get a recorded message.
If I owe this debt (£3800) then I`ll have to deal with it,but I want a total breakdown of all charges etc which they seem unwilling to provide.

Addicted2Chocolate

that is disgusting tratment by link financial...do you own a property ? how much are they claiming there debt is?

jen_jen_2

if they took you to court for a CCJ they will have to prove to the judge that you owe the debt and break it down and in writing.

this is bullying tactics and you should stand your ground, if they dont explain it in writing dont pay. you may want to suggest they look at the OFT debt collection guidelines and complain to HBOS about their tactics as the origional creditor is responsible for the behaviour of its collectors.

bernardh_2

I finally got through to Link this morning.They claim that they don`t need to prove any debt and that it`s up to me to contact Experian etc for details.

jen_jen_2

blah blah blah, some 17yr old in a call centre hasnt got a clue and talks utter rubbish.

ignore them or write to HBOS, the absolutely have to prove the debt especially if they want a CCJ. if a creditor cant prove you owe them money they could be any old scammer.

hey you owe me £500 pay it now - i dont think so.

if you believe you owe HBOS contact them and explain that you thought it dealth with etc etc.

do not pay them a penny - if they start court proceedings you can tell the court that they wouldnt prove you owed the money and they could have been anybody.

asandwhen

I think what they actually mean is they dont want to provide proof because they dont have any - Go to citizens advice and they will be able to tell you where you stand.

kevker

Surely when you trun up at court and show the court you tried to obtain proof of the debt which they then wouldn't supply, i would imagine the court would take a very dim view of Link.

skintchick

There's a letter that file_wizzard always posts for use int hese circumstances. I'll see if I can find it....goes away....

I'm back! Here we are:

Try the following:

Send by recorded delivery, they have 12 days to respond;


I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number

2. You must supply me with a signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

3. You must supply me with a signed true copy of the default notice for the above referenced agreement that you allege exists.

You are notified that you are obliged to supply these documents, whether you are the original creditor or not.

Please also note that any legal action you contemplate will be vigorously defended. As you will be aware any credit agreement which is not correctly documented in compliance with the CCA is a complete defence to any claim issued.

HTH

bernardh_2

thanks all.Skintchick - I sent that letter to them word-for-word,although I didn`t send the £1.No cheque book and didn`t have time to get a postal order before the post went.On the `phone I kept quoting the consumer credit act and she just repeated over and over (as to an idiot) that they didn`t have to prove anything.
Didn`t want to write to them yesterday as I probably would have written things I would regret,but I`ll write this morning and send by registered post.