Link Financial Outsourcing dispute

Lz?Kithra

[FONT=&quot]I have a credit card debt on which I have been making repayments to Link Financial Outsourcing for a number of years now. The debt is now 14 years old, and the CAB helped me to sort out the repayments, and stop the interest, way back in 2004.[/FONT]

[FONT=&quot]Back in February of this year I wrote to ask for a copy of the relevant CCA. Hearing nothing from them I chased it up in early April, but still heard nothing at all.[/FONT]

[FONT=&quot]I note that on the “Complaint and Conclusion” form, in paragraph 6, it states that:[/FONT]
[FONT=&quot]“I agree that the account is currently unenforceable.”[/FONT]
[FONT=&quot]But in the next paragraph it continues to say that they request I continue to pay. Would I therefore be correct in assuming that they might take me court to enforce payment because they don’t have a copy of the CCA?[/FONT]

[FONT=&quot]Finally, this morning I had another letter saying that my case had been referred to their Specialist Support Team and quoting the reason as being: “in order for us to find an appropriate solution for you.”[/FONT]

[FONT=&quot]They continued by saying that they would telephone me on the number they have for me, or that I could telephone them, which I shall not be doing. They will have trouble contacting me that way as, apart from having a Scam Blocker on my phone, they don’t have my number, I’ve never given it to them and won’t be doing so in future.[/FONT]

[FONT=&quot]So I don’t know if I should write to them pointing out that I’m still waiting for the CCA copy, or just wait until they contact me again.[/FONT]

[FONT=&quot]And, one other question: Is there a legal requirement to send them an income and expenditure form whenever they ask me to complete one?[/FONT]

[FONT=&quot]I’ll check back tomorrow so thanks for any advice anyone can give.[/FONT]

Willing2Learn

Hi Liz,

I've just seen your full name, postal address and Link account number on one of the images you have posted. Please URGENTLY edit this as your personal information should not be visible.

sourcrates

Hi Liz,


I have edited your post to remove those links, because, as pointed out above, your personal information was still visible.

Liz, aside from that, you have a really good defense to this issue, you made a CCA request to Link Financial, they have not responded, therefore they are in breech of your request.

The account concerned is currently unenforceable in court until they do respond to you, they can ask you to pay, but cannot enforce there rights through the courts, basically they can`t do anything.

You are under no obligation to do anything you do not want to do, Link are just a debt collector, they have no power or authority whatsoever.

That is the current position, you should write and tell them you will not be paying any further sums until your CCA request is complied with correctly..

Just_Di

Lz?Kithra wrote: »

[FONT=&quot]I have a credit card debt on which I have been making repayments to Link Financial Outsourcing for a number of years now. The debt is now 14 years old, and the CAB helped me to sort out the repayments, and stop the interest, way back in 2004.[/FONT]

[FONT=&quot]Back in February of this year I wrote to ask for a copy of the relevant CCA. Hearing nothing from them I chased it up in early April, but still heard nothing at all.[/FONT]

[FONT=&quot]I note that on the “Complaint and Conclusion” form, in paragraph 6, it states that:[/FONT]
[FONT=&quot]“I agree that the account is currently unenforceable.”[/FONT]
[FONT=&quot]But in the next paragraph it continues to say that they request I continue to pay. Would I therefore be correct in assuming that they might take me court to enforce payment because they don’t have a copy of the CCA?[/FONT]

[FONT=&quot]Finally, this morning I had another letter saying that my case had been referred to their Specialist Support Team and quoting the reason as being: “in order for us to find an appropriate solution for you.”[/FONT]

[FONT=&quot]They continued by saying that they would telephone me on the number they have for me, or that I could telephone them, which I shall not be doing. They will have trouble contacting me that way as, apart from having a Scam Blocker on my phone, they don’t have my number, I’ve never given it to them and won’t be doing so in future.[/FONT]

[FONT=&quot]So I don’t know if I should write to them pointing out that I’m still waiting for the CCA copy, or just wait until they contact me again.[/FONT]

[FONT=&quot]And, one other question: Is there a legal requirement to send them an income and expenditure form whenever they ask me to complete one?[/FONT]

[FONT=&quot]I’ll check back tomorrow so thanks for any advice anyone can give.[/FONT]

Link Financial is a debt purchaser as well as a DCA so can you clarify whether the debt has been assigned (i.e.) sold to them.

Link typically use Kearns Solicitors which they own.

Who is/was the original creditor?

From what you say Link has admitted that the debt is unenforceable due to the debt owner’s non compliance with your s77-79 CCA Request so you need to decide what to do next.

Di

lolo2210

Link Financial are a terrible company. My late father (passed away unexpectedly this year aged only 65), apparently owed them money. I have asked them if it is statute barred..they reply to nothing apart from to ask me to list all of his debts and companies- which legally I do not have to do. I have now reported them to the ombudsman for non-replying to my request for whether it is statute barred (5 years in Scotland) and thus unenforceable. No answer yet if they have an original contract etc. Ridiculous.

sourcrates

lolo2210 wrote: »

Link Financial are a terrible company. My late father (passed away unexpectedly this year aged only 65), apparently owed them money. I have asked them if it is statute barred..they reply to nothing apart from to ask me to list all of his debts and companies- which legally I do not have to do. I have now reported them to the ombudsman for non-replying to my request for whether it is statute barred (5 years in Scotland) and thus unenforceable. No answer yet if they have an original contract etc. Ridiculous.

Hi,

Sorry to hear about your dad.

Debts do not pass between people, as your dad has passed away, his debts go away too, only he was liable for them no one else.

They cannot chase anyone else for them, not you, me, or anyone.

His debt died with him, don’t let them tell you otherwise.

Lz?Kithra

[FONT=&quot]Thanks for editing my post Sourcrates. I messaged willing2learn saying I’d edit them but, on 2nd thoughts, as you’ve so kindly removed them I don’t think I’ll bother to put them back in.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]What concerned me was that even though they haven’t sent a copy of the CCA I’ve read on-line that, when they don’t have such a copy, the debt company can go to court and try to establish that the debt is still owing.[/FONT]
[FONT=&quot] [/FONT]
[FONT=&quot]So I’ll take your advice and write to them saying that they are in breach of my request until they supply the CCA copy and I will not be paying anything until they can do so. In that letter I’ll also point out the sentence from their reply saying that it is currently unenforceable. And if, after that, they continue to hassle me I’ll get some legal advice.[/FONT]

Lz?Kithra

Thanks Just Di.
[FONT=&quot]My original creditor was Capital One, and the debt was sold on a few times before it ended up with Link.
[/FONT]

Lz?Kithra

[FONT=&quot]Lolo2210[/FONT]
[FONT=&quot]My condolences on the loss of your dad.[/FONT]

fatbelly

Lz?Kithra wrote: »

[FONT=&quot]What concerned me was that even though they haven’t sent a copy of the CCA I’ve read on-line that, when they don’t have such a copy, the debt company can go to court and try to establish that the debt is still owing.[/FONT]

Technically they are allowed to start a claim but you would then ask for a 'stay' as the account is unenforceable under s77-9

So in practice, unless they come up with (or can reconstitute) your agreement there is no point in them spending money on starting a court claim.

fatbelly

lolo2210 wrote: »

Link Financial are a terrible company. My late father (passed away unexpectedly this year aged only 65), apparently owed them money. I have asked them if it is statute barred..they reply to nothing apart from to ask me to list all of his debts and companies- which legally I do not have to do. I have now reported them to the ombudsman for non-replying to my request for whether it is statute barred (5 years in Scotland) and thus unenforceable. No answer yet if they have an original contract etc. Ridiculous.

I realise that you are just passing comment on Link, and I agree that they are as bad as most of the debt purchasers.

Technically the executor or personal representative of your father's estate would be required to establish if there is a net balance after funeral costs and distribute this to your father's creditors. If not, that's the end of the matter.

The statute barred angle may not be relevant if there was no net estate.

I know that Scottish law is often different and that under Scottish law the situation is more black and white as a statute barred debt is 'extinguished' - if your situation becomes a problem you could start your own thread perhaps on the Deaths, Funerals and probate board, or on this one.