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    • Lz?Kithra
    • By Lz?Kithra 15th Sep 18, 3:01 PM
    • 50Posts
    • 13Thanks
    Lz?Kithra
    Link Financial Outsourcing dispute
    • #1
    • 15th Sep 18, 3:01 PM
    Link Financial Outsourcing dispute 15th Sep 18 at 3:01 PM
    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.

    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.

    I note that on the “Complaint and Conclusion” form, in paragraph 6, it states that:
    “I agree that the account is currently unenforceable.”
    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?

    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.”

    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.

    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.

    And, one other question: Is there a legal requirement to send them an income and expenditure form whenever they ask me to complete one?

    I’ll check back tomorrow so thanks for any advice anyone can give.
    Last edited by sourcrates; 15-09-2018 at 4:44 PM. Reason: Removal of personal information.
    Liz R
Page 2
    • sourcrates
    • By sourcrates 17th Sep 18, 4:47 PM
    • 15,718 Posts
    • 14,783 Thanks
    sourcrates
    If this was a Capital One credit card then they may have a problem with proving a Default Notice was issued/served (a common headache for the debt purchaser). Sometimes Link issue their own DN which is no remedy since an account must be defaulted (preceded by a S87(1) Default Notice) before it is terminated and assigned to the next entity.
    Di
    Originally posted by Just Di

    Di,


    This was always my understanding, that an account must default before a creditor can sell it on to a new company.

    However, we are increasingly seeing debts on this forum, which do not default, sold on to 3rd party collectors, who then continue to charge interest as per the original agreement.

    Are they taking advantage of different legislation, for example the right to sell on a debt at any time, if it is written into the terms and conditions of their original contracts ?
    I'm a Board Guide on the Debt-Free Wannabe, Credit File And Ratings, and
    Bankruptcy And Living With It, boards. "I volunteer to help get your forum questions answered and keep the forum running smoothly".
    Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of MoneySavingExpert.com.

    For free debt advice, contact either : Stepchange, National Debtline, or, CAB.
    For Free Legal advice see : http://legalbeagles.info/
    • Just Di
    • By Just Di 17th Sep 18, 5:00 PM
    • 168 Posts
    • 72 Thanks
    Just Di
    It may depend on who the original creditor is selling the debt to, and what they (debt purchaser) can do with the account afterwards.

    If the debt purchaser is not a "credit giver" then they can't continue with the account as per the Ts & Cs because the account holder is not able to remedy any Default Notice and continue with their line of credit (e.g. use the card in an ATM) or be issued with a new bit of plastic when the existing card reaches it's expiry date etc.

    If it's an acquisition such as Barclaycard buying Egg's credit card portfolio in May 2011 then that may be a different scenario if the debt purchased is a 'performing' account.

    The applicable legislation will be account specific so I'll keep my eyes open for any posts where this may be an issue.

    Di
    • Lz?Kithra
    • By Lz?Kithra 18th Sep 18, 11:50 AM
    • 50 Posts
    • 13 Thanks
    Lz?Kithra
    Thanks. In the past I've always sent them an Income & Expenditure Form whenever they've asked for one. But they tend to ask at least every 6 months and my income doesn't change as I'm only on State Benefits. And, those only change once a year. So I get fed up completing the form twice a year.
    Liz R
    • Lz?Kithra
    • By Lz?Kithra 4th Nov 18, 2:22 PM
    • 50 Posts
    • 13 Thanks
    Lz?Kithra
    I had a document from Link Financial in the middle of August re my monthly payment being overdue. Attached was a bank giro slip but, although the documents stated 3 the giro slip was only made out for 2. I didn’t pay but replied pointing out my CCA request from back in February is still outstanding and not complied with. Up until then I had been paying regularly. I’d been paying it since 2004 via various debt collection agencies. But I stopped without having a copy of the CCA, even though they’d written to say they could still enforce the debt, which I ignored. So I wrote back telling them I was still waiting for it and to desist from contacting me until such time that it is supplied.

    I’ve heard nothing further and was wondering what my response should be if I hear from them again. I’m aware that after 6 years of no contact the debt will no longer be enforceable, and I was wondering if they are contacting me now in an ongoing attempt to keep it alive. Should I hear from them again perhaps I should reply saying that until I receive the CCA documents I will have no further contact with them unless they comply. If that’s the best way forward I will then simply ignore any further letters from them.
    Liz R
    • fatbelly
    • By fatbelly 4th Nov 18, 4:05 PM
    • 12,975 Posts
    • 10,045 Thanks
    fatbelly
    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
    .

    So you've done that and there seems little point in you writing to them until they either comply or send a pre-court action letter - you would respond to that.

    I suspect they'll give up.
    • Lz?Kithra
    • By Lz?Kithra 5th Nov 18, 11:31 AM
    • 50 Posts
    • 13 Thanks
    Lz?Kithra
    Thanks fatbelly. I wasn't going to write to them again but wondered how to in case I did hear from them again. So I'll wait to see if I hear anything more from them. If I should get a pre-court letter I'll consult a solicitor before responding.
    Liz R
    • fatbelly
    • By fatbelly 5th Nov 18, 6:13 PM
    • 12,975 Posts
    • 10,045 Thanks
    fatbelly
    Thanks fatbelly. I wasn't going to write to them again but wondered how to in case I did hear from them again. So I'll wait to see if I hear anything more from them. If I should get a pre-court letter I'll consult a solicitor before responding.
    Originally posted by Lz?Kithra
    No need for a solicitor unless you know one who understands consumer credit and will help you for free!
    • Just Di
    • By Just Di 5th Nov 18, 8:54 PM
    • 168 Posts
    • 72 Thanks
    Just Di
    No need for a solicitor unless you know one who understands consumer credit and will help you for free!
    Originally posted by fatbelly
    Such law firms do exist.

    If the OP does receive a Letter Before Claim then this website link has suggestions as to how they might be able to manage the situation > https://debtcamel.co.uk/letter-before-claim-ccj/

    In my experience every debt situation is different so legal advice may be necessary. The CAB provides free debt/legal advice.

    Di
    • Lz?Kithra
    • By Lz?Kithra 6th Nov 18, 2:39 PM
    • 50 Posts
    • 13 Thanks
    Lz?Kithra
    There is a local firm of solicitors a couple of roads away from me who do deal with debt issues, and they also do home visits. So, should I need one I'll use them. But thanks for the link to the debtcamel site, which I'll keep in case of need. As for the CAB they are difficult to get hold of by phone these days now that you have to go through a central number; although somewhere in my files I think I have a CAB phone number that's dedicated to just debt problems. I'll look it up if I need it.
    Liz R
    • gillyo66
    • By gillyo66 9th Nov 18, 4:56 PM
    • 4 Posts
    • 0 Thanks
    gillyo66
    Ford car debt bought by Link Financial
    My son had a PCP car from Ford credit, he defaulted on the payments and the debt was passed to Link Financial Outsourcing. Since they they have contacted him once to ask if they could repossess the car. He said no to that and offered a repayment scheme. since then he has heard nothing despite several letters and emails.
    He has received a fine because the car is not registered and it seems the car is not taxed since May 2018. There is no way he can do that as he doesn't have the log book. Any advice would be gratefully received
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