Investigation of assets

skintchick

I think you do have to sendthe £1 - maybe send it again with a postal order when you can get one.

suffolkb

I can`t seem to log on as bernardh any more - hence new name.
Despite over 30 e-mails and many `phone calls,Link have still not come up with any proof of this.They are blaming HBOS saying that all records have been archived.I have told Link that if this debt does exist,then I will be challenging all late payment charges etc(as on the threads on MSE).My new question is:who do I challenge them with?Link,who claim to have bought the debt,or HBOS?

inmypocketnottheirs

skintchick wrote:

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

Did exactly this just before Christmas to a Company called Tessera Portfolio Management, following advice on this board. It was regarding a credit card debt of about £5000 from 5 years ago. They wrote back within days saying the information was not available, and that they would close the account on their files. Result!

It is unlikely that Link (have had dealings with them too) will be able to provide the details, as they will have bought this debt of the original company for a few quid. With regards to my dealings with Link, before finding the advice above on this site, I just ignored them and they went away!

An important point to remember, is if they have bought the debt for pennies on the pound, which is highly likely, they are extremely unlikely to want to pay for court costs to commence county court action. Especially if it is an old debt. Basically, they are chancers, who buy old debts and then use fear tactics with the hope of putting the frightners on people to admit the debt and cough up.

Furthermore, I discussed this with a solicitor friend of mine, who said these people are 'toothless'. They pray on peoples fear, so do not be intimidated, send them their letter as above and enter into nu further correspondence until they provide the documentation provided. It is highly unlikely, but if they do, and you want to prevent court action, then offer them a tennner a month or something.

Hope this helps.

Thefunkygibbons

Stop communicating with them

If you have sent the letter, then wait

Otherwise they will treat you as a fish on a hook just waiting to be reeled in

Expect the final step to be a settlement offer (say £500 and we'll go away) and then they if you stand firm, that will be it

inmypocketnottheirs

Thefunkygibbons wrote:

Stop communicating with them

If you have sent the letter, then wait

Otherwise they will treat you as a fish on a hook just waiting to be reeled in

Expect the final step to be a settlement offer (say £500 and we'll go away) and then they if you stand firm, that will be it

If I had not been suffering from terminal verbosity that is what I would have said!!!!