Dodgy cca recieved from link financial

adviceplease01

Hi There,
Desperatly need advice please on what to do next.

Link financial have been badgering my partner about a loan that he has no recollection of, we asked for a SAR and cca.
CCA has arrived today on a photocopied bit of paper.

There are clear tipex marks all over.
No date or signature, the Santander header has been superimposed over the writing.

The address is wrong, thet say this loan was taken out in 2004, and the address written on is my parents, my partner and I met in 2007 so this address is terribly wrong, but is where link have been corresponding with him since 2008.

The phone number is for an address in Oxford, we currently live in south devon. (as do my parents!)

where the signature and date should be is just a tippexed white area, and then a signiture on behalf of Abbey National (when there is a clear transposed image of the santader symbol at the top as mentiond before)

There is no loan number just an application number.

This cca is clearly wrong in so many ways, its not even photocopied straight, and the wordingis blurred you cant even make it out!

Where do we go from here please?xxx

fermi

If he really does not recall ever having this debt, then rather than making CCA requests or SARs, it is probably better to write a letter flat out denying that it is your debt and putting the onus on them to prove otherwise.

See this letter ----> http://forums.moneysavingexpert.com/showpost.php?p=11570893&postcount=2

That way they have no way to hide behind CCA copy document regulations etc... or any other technicalities.

However, interestingly here they seem to have falsified documentation in a very amateurish fashion.

That is totally out of line.

So perhaps respond with the above letter, but adjusting it to make the additional points that:

- Link appear to have sent an obviously falsified agreement rather than providing proof of the debt/account.
- You will be reporting said falsely produced documents to the OFT, trading standards and perhaps even the police.
- Should Link or anyone acting for them attempt to pursue the debt further without genuine and original signed evidence being produced, then each attempt will again be reported.

adviceplease01

THANKS SO MUCH FERMI!

my partner lost his job back in 2008 and we had to move in with my parents,
Link were constantly harressing him, bullying and threatening down the phone, he didn't want to worry mne because i was pregnant and it was a very stressful time already, so he wrote to them and offered £20 a month.
Its only recentley he told me about this, he can't remeber the debt but just wanted them off his back, he never heard from them again until a year or so ago and then told me!
wish he had done sooner as i could of here for advice sooner! would never of let hm write that letter or admit liability for something that wasn't his just through bullying tactics!x
do you think that letter is still the right way to go?x

adviceplease01

the letter linked we have already sent and they came back with a pfotocopy of the letter sent saying he admitted liabilty?

fermi

adviceplease01 wrote: »

do you think that letter is still the right way to go?x

Yes.

But if he has been paying it due to being bullied/stressed into it, then you will perhaps have to explain that in the letter as well?

Otherwise they are likely to come back saying that he is liable for it as he has been making payments. That is completely untrue, as if it's not his debt, nothing on earth he does can make him legally liable for it. But you would want to cut off that nonsense argument at the start.

So make the point that he:

Began paying this debt at a time of stress and personal upheaval; but it is only now on reviewing his previous finances and accounts that he realises this is an account that he never at any point took out. While that may have been an honest mistake at the time, it in no way makes him liable for a debt which was never his. Any claim Link may make to the contrary, will again be reported to the authorities.

fermi

adviceplease01 wrote: »

the letter linked we have already sent and they came back with a pfotocopy of the letter sent saying he admitted liabilty?

You make the point in the previous post. ^^^^^

Mistakenly admitting or paying a debt that was never yours, cannot make him liable for it. Any claim to the contrary is false and misleading and will be reported to the authorities.

adviceplease01

Hi fermi,
after that letter they never contacted him again, he hasn't paid a penny to the debt!

after he recieved a letter before action letter from klink he finally told me the whole sorry tale, that is when i started looking on here and sent the letter you linked along with the SAR request and CCA request, when the SAR came through there was also no credit agreement in that either! xx

fermi

OK. In that case, as I said, I think you need to send the "this is not my debt letter" again, but add that:

(In your own words preferably)

- Link appear to have sent an obviously falsified agreement rather than providing proof of the debt/account.
- You will be reporting said falsely produced documents to the OFT, trading standards and perhaps even the police.
- Should Link or anyone acting for them attempt to pursue the debt further without genuine and original signed evidence being produced, then each attempt will again be reported.
- He began paying this debt at a time of stress and personal upheaval; but it is only now on reviewing his previous finances and accounts that he realises this is an account that he never at any point took out. While that may have been an honest mistake at the time, it in no way makes him liable for a debt which was never his. Any claim Link may make to the contrary, will again be reported to the authorities.

adviceplease01

thanks so much for the advice, i will get a letter drafted in the next couple of days, would you mind if i posted it here for your advice before i send?
Cheers

fermi

Would be best not to post it here word for word, or if you do, don;t leave it long. You never know who is reading.

Koicarp

I'm no legal eagle but surely if somebody falsifies a document in order to gain money it is fraud? I'd definitely be talking to the police.