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link financial, could really do with some help please

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Comments

  • DarkConvict
    DarkConvict Posts: 6,347 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    If they goto Court, the judge will only make you pay what you can afford. It would be in there interest to get payment sooner as you have offered it than goto court.

    From ND http://www.nationaldebtline.co.uk/england_wales/debt_advice.php
    1 High Street,
    Newtown,
    Kent
    R21 4RH
    January 30, 2010

    The Loan Company
    Company House,
    Church Street,
    Newtown,
    Kent,
    R1 7HG
    Dear Sir/Madam

    Account No: 4563210025897412

    Thank you for your letter of DD-MM-YYYY concerning the above account.
    We are are sorry that you feel unable to accept the offer which we have made. The majority of our other
    creditors have accepted the offers made to them and we have commenced payments. We cannot offer you
    more because we can only afford £_____ per month between all our other creditors, and it would be wrong to
    cease or reduce payments to our other creditors in favour of your company. The offer made to you is on a pro
    rata basis, as used by the county court.

    In the light of the other creditors agreeing to our repayment plan, please would you reconsider our offer. We
    will be making the payments in line with the offer to your company, on a weekly basis, as a gesture of
    goodwill.

    We look forward to hearing from you as soon as possible.
    Yours faithfully

    Mr A N Other
    Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.

    There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies
  • having read the oft guidelines i can see a couple of points where i can complain to link financial. although the guidelines sya unreasonable demands for payment shouldnt be made, ultimately, i have to accept i owe the money, therefore i relaise i am legally obliged to pay it back. does this mean thought that the dca have to accept monthly repayments? or can they demand a lump sum and if they dont get it take me to court

    They can ask for more, but if you feel they are harassing or pressurising you into paying more, then thats when they are contravening OFT Guidelines and breaking the Harassment Act. If you ever went to court, the judge will see it in your favour if you have been making payments that you can afford.
    Yes you are obliged to pay it back, but that does mean they can act the way they do.
  • if they do reject the offer of payments and decide to pursue court action, would that mean my name was publically listed as having been to court? going to court and arguing a case to a judge i think i can just about cope with if i had to, but having friends/family no i have had to do that is another matter
  • if they do reject the offer of payments and decide to pursue court action, would that mean my name was publically listed as having been to court? going to court and arguing a case to a judge i think i can just about cope with if i had to, but having friends/family no i have had to do that is another matter

    Chances are they will not go to court, why would they risk going to court when you could bring their unfair business practises etc up.
    Try the above suggestions, offer an amount, stick to your guns, warn them that they are acting against the guidelines, if they continue in their actions carry out your threat of reporting them.

    If called for there is a 100% chance of you carrying out your threat of reporting them
    against their (at most) 50% chance of taking you to court.

    Google "link financial" and see why they have so many entries......it's not for carrying out good business practises or being DCA of the year :)
  • and no i can see no reason why it would be made public if you went to court (declaring yourself bankrupt is recorded though and made public)
  • just wanted to thank everyone again for your replies. i am going to write a letter to them this afternoon and hope for success
  • Good luck, let us know what they come back with :)
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