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Link Financial alleged debt?

Bob_II
Bob_II Posts: 24 Forumite
edited 31 January 2012 at 4:52PM in Loans
I've received several letters now from the above mentioned company. When I received the first one I assumed it was a scam as I'd never heard of them and it didn't make sense. They're talking about an alleged debt, in my name, that I've never heard of. The company they allege to have 'purchased' the debt from is a company I've dealt with in the past, namely First National (GE Money). If not for that connection I would have thrown all the letters away. The only loan I've ever had through First National (GE Money) was repaid in full and I have an ongoing case with the FOS regarding miss-sold PPI on that loan (bring on the conspiracy theories about tit-for-tat claims). I have all the paperwork regarding that loan and nothing matches the details quoted by Link Financial Outsourcing in their letters.

Conspiracy theories to one side, this looks like a case of mistaken identity/identity fraud. I'm certain they have no evidence to back up their claims that I have outstanding debt. I'm reluctant to respond in any way as, from what I've read, they are particularly rude, ruthless and persistent once they know the letters have got through to you. I have no concerns over ignoring them and any further letters but the language being used in the letters is becoming increasingly threatening. They are starting to bring out the 'big guns' by mentioning things like interest charges, court action, my credit file, etc, etc, blah, blah, blah. Does anyone know if this company has any legal ability to recover this debt from me (you can assume I'm correct in saying it is not my debt)? Also, can I rest assured that they cannot affect my credit file with any of the credit reference agencies? I'm getting to the point where I actually want to receive a court summons so I can go to court, they can have the case thrown out, they can have a slap on the wrist for wasting my time, and I can have some compensation for my costs.

Any responses greatly appreciated as always.

Comments

  • Tixy
    Tixy Posts: 31,455 Forumite
    Have you checked there is nothing on your credit file with all 3 agencies in relation to this debt already?

    If you are certain its not your debt you could respond with a letter that says so (the prove it letter) or you could continue to ignore them. The prove it letter should get them to either shut up or provide enough information to be able to dispute that its your debt.

    If not your debt then in terms of 'legal ability' if they try to take you to court/commence court proceedings you would need to defend against the claim. If you just ignored court papers then they would obtain a CCJ by default.
    If they obtained a CCJ and you later proved it wasn;t your debt and you never owed them money then you could apply to have it set aside (although there is a small fee to do so).

    They could try putting something on your credit file, its easy for them to do so - if they do you would have to then work on getting it removed. Which should be possible but can be a pain to actually action.

    Letter when you know nothing about about the debt - AKA "Prove it" letter
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • Bob_II
    Bob_II Posts: 24 Forumite
    edited 31 January 2012 at 5:19PM
    Wow, that was fast, thanks!

    In response I'd like to point out that I am meticulous when it comes to financial matters. I recently had my Experian credit file to analyse and I have all paperwork regarding the only dealings I've ever had with First National (GE Money). Due to my FOS miss-selling of PPI complaint filed recently, I'm particularly familiar with the only arrangement I've had with them and the paperwork that goes with it.

    I'm confused as to how the onus is on me, the individual and the accused, to 'defend' my position that their claim is bogus?

    I would never ignore court papers and in fact would welcome correspondence that didn't totally lack substance, rather than making idol threats. They appear, in my opinion, to be 'trying it on'! Until I see some evidence or something more official (i.e. a court summons) I'm not going to get worked up by their letters; A trap I think many easily fall in to out of fear.

    Thanks for the letter link. Could prove very useful.
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