Asset Link Capital (1) - A Little Help?

SteveyJ

Sorry if this is the wrong forum, I wasn't sure

Basically, I had/have a debt with GE Capital who have apparently sold it on to a company called Asset Link Capital or Link Financial as they go by in other places.

Anyway, I agreed a monthly payment of £30 with last tuesday and gave them details to make a payment for the first month. Now on the thursday they rang back and said management wouldn't agree to this figure and would I go to £40? I agreed to this and was told they would ring back and confirm with me before taking any payments and that the £30 hadn't already been taken.

I bet you can see whats coming here? :mad:

So yesterday I checked my account and lo and behold they'd taken the £30 and £40. Now I rang this morning asking for the £30 to be returned only to be told, "I'll make a request to management to see if they will return the £30 payment"

Fuming is an understatement, apparently because I owe quite a substantial amount they 'may not' choose to return this payment. Anyway, I rang Barclays and cancelled my card so they couldn't take anymore random payments and lodged an unauthorised payment complaint.

Now the crux of all this which I realised today is that I haven't actually seen anything to prove that I owe them anything at all, for all I know they could be chancing on me paying out so where do I go from here?

Any help would be greatly appreciated.

Cheers.

rigger_john

Hi StevyJ, could you give a bit more detail? you say you have/had a debt, which is it do you belive the debt is your but was paid off?

Also, if you think it was/is your debt, when is this debt from? what was it for and who are the creditors. The more information you give, the better will be the replies

SteveyJ

Thanks for the reply John, it is my debt, for whatever reason I stopped paying it probably 3 years ago after the car it was for was repossessed. Its a long and stupid story over why I had it but I basically got stitched up by a company I worked for when I was young and naive.

As I said, its from probably 4-5 years ago and I have had no contact from GE Capital until this Link rang me 5 or so months ago. It was for a car obviously originally through GE Capital but they appaear to have sold the debt on to a company called Link Financial or Asset Link Capital.

Cheers.

RAS

Was it HP or a car loan?

SteveyJ

To be honest I cant remember it was that long ago. Does it make a difference which one it was?

I'm not disputing the fact that I owe the money because I do, just the fact that some random company is badgering me for money and has actually stolen from my account without actually showing me something to prove they own the debt.

rigger_john

If it had been over 6 years ago (5 years in Scotland) since you had any contact or made a payment, it would have made a huge difference but as that's not the case it's rather academic.

My first bit of advice would be never ever talk to these people on the phone, write to them recorded and signed for, insisting that all future communication is in writing. There are template letters here. Try ammending the one in post 5 to suit your needs.

This way you will have written evidence of what has been said by the DCA.

If you want to check out the validity of the debt there are template letters for that to in the same post. You can make a CAA request to see the credit agreement this will cost you a fee of £1, if you want more info you could make a SAR request for all the information they hold on you including leters of assignment, what defaults have been registered ect but that will cost you £10.

I would suggest if you feel that you are been treated unfairly by this company you also make a complaint to the OFT, they seem quite keen to hear about the activities of DCA's at the moment.

I'm sure if you need any more info one of the boards old hands will be along so just ask.

regards

SteveyJ

Cheers John, I'll start off with the request for the CCA and go from there.

Fingers crossed that Barclays can get my money back too.

keith_lard

Send this 'to be signed for':j
with a £1 postal order;)
Remember NEVER sign anything to these poeple!!:A

Dear Sir/Madam

With reference to the above agreement, we would be grateful if you would send us a copy of this credit agreement and a full breakdown of the account including any interest or charges applied. We understand that under the Consumer Credit Act 1974 [sections 77-79], we are entitled to receive a copy of any credit agreement and a statement of account on request. We enclose a payment of £1 which represents the fee payable under the Consumer Credit Act 1974.
We understand a copy of any credit agreement along with a statement of account should be supplied within 12 working days.
We understand that under the Consumer Credit Act 1974 creditors are unable to enforce an agreement if they fail to comply with the request for a copy of the agreement and statement of account under these sections of the Act.

Also please be advised that I will only communicate with you in writing.

Furthermore, should it be your intention to arrange a “doorstep call”, please be advised that under OFT rules, you can only visit me at my home if you make an appointment and I have no wish to make an appointment with you.

There is only an implied license under English Common Law for people to be able to visit me on my property without express permission; the postman and people asking for directions etc. Therefore take note that I revoke license under Common Law for you, or your representatives to visit me at my property and if you do so, then you will be liable to damages for a tort of trespass and action will be taken, including but not limited to, police attendance.





Yours faithfully

SteveyJ

Excellent keith, thank you very much.