Link Outsourcing and Co-operative Bank

JamesA999

Hello

I have a question about debts and debt collecting.

To cut a long story short I defaulted on about 14 debts in early 2016. I had been an excellent customer for over 6 years.

My life took a sharp turn and i ended up in hospital for 11 months, got made statutory homeless, was put in a local authority care home for 3 months and spent the next 2 years in homeless hostels and at one point for 8 weeks I was left without any accommodation.

During that time in 2017 a debt collector or purchaser located me in a Glasgow Homeless Hostel. They were collecting 9 debts ranging from one of £50 to Barclaycard, £6000 ish to Barclaycard, £12,000 across 2 shop direct catalogues and nearly £26000 to Creation Finance over 3 Mastercards.

I called them up and told them what had happened. I got 2 letters back each debt was marked as "written off".

Then it turns out they also removed the defaults and entire account on all CRA's going back to account opening. It's as if they never existed.

However, I had a loan, a credit card and a current account with Co-operative Bank who have sold the debts to Link Financial Outsourcing. It comes to about £12000.

Link has had all of the same information, and more as by that point I had not been made street homeless and sectioned under mental health law for 9 months. They however, will neither stop chasing the debts and morning seems to phase them. They even traced me to a SAMH care home and still did not give up.

They are also in breach of the GDPR.

Does anyone know what would have caused and under what law, rule or regulation Shop Direct and Creation Finance and Barclaycard decide to take down the accounts with CRA's and write of the debts

Link for want of better words and the Co-operative Bank are either not following the law or were the others just being kind? I doubt it's the latter but I don't know how to get it through to Link or the Co-operative Bank that they are harrassing me.

I am still unwell.

Any help much appreciated.

Regards


James

[Deleted User]

You owe the money still that’s why they’re chasing you.

They haven’t breached GDPR either - please explain how you believe they have.

You legally owe the money still - they’re not obliged to write the debts off just because the others decided to.

boo_star

JamesA999 wrote: »

Does anyone know what would have caused and under what law, rule or regulation Shop Direct and Creation Finance and Barclaycard decide to take down the accounts with CRA's and write of the debts

None, it's a simple gesture of goodwill. It's also worth noting that a debt being written off doesn't mean it can't or won't be sold to someone else, you may only have a temporary reprieve.

Link for want of better words and the Co-operative Bank are either not following the law or were the others just being kind? I doubt it's the latter but I don't know how to get it through to Link or the Co-operative Bank that they are harrassing me.s

It's the latter.

Probably not what you wanted to hear but anyway.

[Deleted User]

There's no law, rule or regulation that made them write off the debts. It's a commercial decision.

The debts will be unenforceable from default or last acknowledgement. What do your files show?

You also need to be specific about the GDPR breach.

JamesA999

The credit file shows no accounts for the creditors I mentioned on a SAR to 3 CRA's the data is obviously still there.

The GDPR breaches are more complex for me at least as it is a massive document to read and understand.

First of all all other parties sent proofs of hospital admissions, homelessness, street homelessness, my mental health act Order et cetera immediately write to me stating "we are legally obligated to inform you you have supplied us with very sensitive information" then it describes what in law they are going to do with it and how to complain. Link Financial Outsourcing have not sent one letter of that type and yet again they were provided with more data and very sensitive data at that.

They are also demanding a letter from a consultant psychiatrist stating my diagnosis or in place of this they will accept repeat prescription forms and letters confirming I am attending appointments even when they have a copy of a Community based Compulsory Treatment Order pursuant to the Mental Health (Care and Treatment) (Scotland) Act 2003.

I told them I will provide bthe medical information if they provide me with a reason why the requested and require it to no response.

If all of the other creditors I had back in 2017 long before I was sectioned decided to write off my debts and I believe the GDPR issue relates to why and when and what for an organisation can continue to process data is there the possibility that Link Financial Outsourcing don't appreciate the seriousness of what they are doing?

Thank again.


James

boo_star

It's still unclear what you're saying they're doing wrong. I'm not aware of any law that requires them to say "by the way this is pretty sensitive information you've given us"?

And even if that were the case, it's not going to get the debts written off. At worst they'll get a fine from the ICO but that won't help you.

JamesA999

It might do if it's big enough to pay the debt ms and I am not being facetious.

Arrow Global, Hoist and Lowell's all sent letters says "you have given us very sensitive data we have to tell you this an it will be held and processed in the following ways ....".

Link Financial Outsourcing are behaving as though the law does not apply to them.

There is a Co-operative Bank CAB project in Manchester advertised by the bank on a website that this case just runs right over the top of as if the Co-operative Bank were simply "paying lip service" to debt problems in their project at Manchester CAB. It makes a complete mockery of it.

Regards

James

boo_star

JamesA999 wrote: »

It might do if it's big enough to pay the debt ms and I am not being facetious.

You won't be pocketing the fine, the ICO will.

[Deleted User]

This is still unclear.

What and/or where is the GDPR breach?

JamesA999

!!!,

I am not an expert on the GDPR and I don't believe the other companies wrote off my debts and took down the data on the accounts for commercial reason as was mentioned in an earlier post.

Eskbanker, has pointed out an FCA rule and I think the collection firm for Creation Finance, Shop Direct and Barclaycard did what they did because they were following the law as laid down in their industry by the FCA. If it was in their commercial interests they would have pursued me to get the money back.

The principals of data processing I think are being broken that is it must have a lawful purpose and must be the minimum amount et cetera et cetera.

So the whole case has been handed over to the ICO and the FCA and the PRA to examine if in my circumstances Link Financial Outsourcing and Co-operative Bank are doing their jobs as they should be. It is also the subject of a complaint to Link Financial Outsourcing's membership association called the Credit Service Association as I think they are in breach of their code of conduct on their members.

You also have to note the company Link bought debts which were all interest the principal sum already paid in the circumstances I find myself in for less than £10 and yet continue to ask me to pay then back £12,000 might be legal but it certainly is not moral or ethical for then or the Co-operative Bank who they bought the debts from and have a duty to uphold the principals of the Co-operative Society they way they are.

Regards


James

eskbanker

JamesA999 wrote: »

Eskbanker, has pointed out an FCA rule and I think the collection firm for Creation Finance, Shop Direct and Barclaycard did what they did because they were following the law as laid down in their industry by the FCA. If it was in their commercial interests they would have pursued me to get the money back.

I don't recall any dialogue with you on the subject of debt collection - in another thread I pointed you towards the FCA guidance on unauthorised transactions but that's not relevant in any way here!