Link financial; help wanted.

[Rossino 3]

Just to introduce myself. I have been in debt for over 10 years and dealt with all kinds of collectors, letters , phone calls etc. I have had my gut full of Link though and I really want to bring that organisation down because of how unlawful their methods really are. I am really glad I have found this site and discovered other people going through the same experiences. Maybe together we can crack it.

 

All my other debts are more or less gone apart from Link 7 years on and they are still harrassing me....................................

 

They are taking me to court but it is the local one and I have put in a defence but this has driven me to fight them all the way and put my civil rights and legal rights into action and hit back. I have also gone hell for leather reporting them to different organisations because they are terrible. Luckily I am quite laid back but for some what they are doing could really destroy somebody and its ruthless.

 

So I am joining the forum for advice and to help others and find out how to solve this problem and any more that arise. Should be good. I will drink champagne when Link go into administration , even if I cannot afford it.

[MARTIN3030]

I am moving your post into the debt section.

I feel you will benefit from help there.

Welcome to the site.

 

Would maybe help if you could give a brief outline of things.

[winny14]

hi rossino3

i will drink champagne with you if these monkeys get shut down,

i am in a similar situation but link have only just started their tactics with me, this is a great place for advice and help.

i'm waiting fro them to default o my cca request then i will be reporting them to anyone who will listen, there are a few others on this site that are and have reported them

good luck in your battle and i'll be watching your progress with interest:)

[djweeble]

Hi to both of you, and welcome to the forum from a fellow Link hater.

 

I suggest you do a forum search on Link Financial and read carefully what comes up, there's a lot of valuable information in some of the older posts.

 

One thing I will say right now......

 

DO IT VERY FAST

 

Link will have you in court faster than you can say "bottom feeding ****", and they WILL go for a charge over any property you own. You MUST FIGHT to keep any proceedings from being handled by their local, cosy, and very conveniently friendly, Lambeth County Court.

[Rossino 3]

I am in court with Link this month but it was automatically transfered to my local court , this was I think because I did file a defence. The court have written and stated it is a disposal hearing that has been allocated only 10 mins. This means that someone from Link is going to have to travel up north for a 10 min hearing at 3pm.

 

Strange though when the case was transfered another paper was sent from the court asking more about the dispute and allowing both parties to state if they want one month to settle before any hearings etc. Link requested this and I agreed and sent in writing a offer of £30.00 per month. I then recieved a really strong worded letter from them about how they will only accept instalments if I voluntarily agree to have a restriction placed on my property. They then worded the letter as though if I did not do this they would automatically get a Final Charging Order and they also had powers to sell the property. The letter was as though they where the court and judgement had been made. They also requested that I send them a defence for this. Anyway I looked on the internet and a final charging order is only agreed to in extreme cases and can only be awarded after a CCJ has defaulted. This also has to go back through the court with another application etc. So I refused this and again put my offer in of £30.00 per month and stated to them that the defence for the actual CC had been sent to the court about four weeks ago and the court would have sent them a copy.

 

In my defence sent to the court ( againts interest + costs etc) I put in about them contacting neighbours, 20 + phone calls a day from 9:00 till 9pm etc. Phoning departments at work and some phone calls being told I was being recorded for legal action and that they knew I had the money and how much my property was worth. Them also telling my sister in law about the debt because she happened to answer the phone. I also have written correspondance from them refusing to deal with me in writing. Them refusing to correspond with CAB and SAFA. Loads of dirt really showing harrassment, breach of Data protection etc. ( all this the court has with the case papers)

 

Strange but since that final letter from Link ( which I sent to the court with my reply to let the court see how their letter was worded) the phone calls have dropped to one a day with no messages.

 

I get the funny feeling this application to court they made is not really going according to their plan and the strong worded letter was to get me to cave in and put a restriction on my property. They put in the letter that legal action would immediately stop if I did this but If I did not well that was it !!! a Final Charging Order wording as though they can grant this to themselves and I may have to sell. Plus I don't think Link would really want to send someone up all this way for 10 mins, particluarly when the court may not rule in their favour.

 

Anyone know about a disposal hearing ? Anyone know what they are up to ? Do you think they don't want to face up to the defence I have got and all the evidence ?

 

Anyway now they are taking me to court , I thought that is it. I have emailed the OFT, PM , allsorts and literally grassed them up. I think we all need to keep onto this and I was half tempted to email watchdog , bogus traders etc.

 

The other thing is I though if a debt was over 6 years with no agreement they could not take legal action. Or is this a rumour ???

 

Please let me know what you think ???

[gemspan]

Hi thee

 

If a debt is over 6 years old it is time barred. That means they cannot pursue it. However, if you acknowledged the debt ie by agreeing to pay £30 then I dont know where you stand.

 

You should use the letter that Link sent you as part of your defence. You need to work this through methodically and know exactly what you are going to use as your defence.

 

They can apply for a CCJ and then apply for a charging order to the house but I think the courts would not look kindly upon their tactics. I would send a complaint to the Information Commissioners Office about them. Have they actually sent you a copy of the Consumer Credit Agreement you signed? If not, send them a CCA letter (template in sticky!) and get a copy of this. If they do not have a copy then the court will throw it out. You could say you agreed to pay something because you were frightened and felt bullied etc., etc., In your CCA letter state that you do not acknowledge the debt.

 

You have to work quickly with this one. Make sure they have defaulted before the court date and that is your defence.

 

Good luck

Annie

[Rossino 3]

Anyone know what happens at a disposal hearing ???

[Rossino 3]

thanks gem span will do. No I have never had a copy of the CCA. It is 7 years they have chased me with no written contract but they can argue that they have spoken to me on the phone and recieved letters etc.

 

Will they turn up at court no matter where or what the hearing is ???

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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[gemspan]

When is the hearing? You must get this agreement prior to the hearing in order to state your defence ie they dont have a properly executed agreement and therefore cannot enforce the debt.

 

I dont know if they will turn up. Its up to them really. If you show them that you know the law they may well decide to start playing the game with you and be more reasonable.

 

Good luck

Annie

[Rossino 3]

The hearing is on the 24th of April.

[winny14]

still apply to them for cca and try to hurry, i would send it guranteed next day delivery and keep recipts etc, you will find the letter to send in the templates if your not sure what to put.

sounds like you have had some bad crap of these people. everything i have read points to 'no cca means no enforcable debt' and i'm sure you could go with what gem said about agreeing because you felt frightened etc, harrasment and intimidation is serious and it seems like they tried to make you believe they could come and take your house, like they are above the law!!!!

i will keep and eye on your threads and i wish you all the best:)

[Rossino 3]

Trading standards have phoned today about all the goings on. Unfortunetly due to working I have missed their call.

 

Do you think I should email the template to Link and send a letter in the post with a POrder for £1.00 , then they know straight away my request ??

 

Also did they not have to supply this to get the case to court ? Does the judge not request the agreement at the hearing to make sure the debt is ligit ?

[winny14]

i dont see what harm it can do but think you should get the postal one done asap.

 

i dont know to much about the legalities but hopefully someone with more expereince will give you this advice.

from what i've seen on here link enjoy putting charges on peoples houses so keep on fighting them,

good luck

[Rossino 3]

Thanks I will keep you up to date as I go along.

[gemspan]

Hi there

 

Of course Link need a copy of the duly executed agreement in order to get a charge put on your house. However, even if they dont have it they will try to get this done because nine times out of ten people dont know their rights and dont know that they need to provide this or the debt is unenforceable.

 

You dont have long but I would keep that little gem up your sleeve until the hearing date. Link will know that you mean business when you send off the CCA letter. If you send it today this means the 12 days will be up before the hearing. If they havent produced it then the case will be thrown out until they do.

 

Dont delay sending the CCA letter. Please send it today. That way, you are in a much stronger position.

 

Good luck

Gemspan

[Rossino 3]

I have done it the email and letter have gone. Funnily tonight the phone calls have started again. One call rang X 7 then stopped 2 mins rang again. I recognise the numbers so I know it is them. They never leave a message on the answer machine though and I have had no reply to the email.

 

I have got copies and reciepts for the post should be good.

[winny14]

dont speak to them on the phone.

i have learnt that from here... i would love to publish the name of the w****** i spoke to at link but dont know if i'm allowed?

there is a funny thread about the best way to handle dca's.

good luck and dont them get you down;)

[Rossino 3]

Right I have now recieved a copy of a witness statement from Link for the hearing on the 24th of April. This is very strange because on the Court hearing letter it states no evidence will be heard on this date. There is nothing about swopping statements etc. However I have read on another site that if a party is not going to attend they can submit a witness statement.

 

It is also a very poor witness statement , they have included all my letters from the CAB with offers of payments that they did not repond to. They also admit sending a neighbour to the door and they admit they cannot deal with me in writing because they are a telephone based company. Their own letters are just standard letters they have printed off a computer i. e templates not actual letters to me but they are stating on the statement that these are examples of letters that I would have recieved , not really proof this I don't think.

 

I went on a site about a disposal hearing and apparently this is normally when there is insufficient evidence to make a decision so both parties attend to be given directions as to what the judge needs. On occassions the judge will make a straight decision or allocate it to the small claims etc. Sounds like just a prelimanry hearing. So I can't understand why link are submitting a witness statement now.

 

They have definetly got my CCA request now but I have recieved no reply. Even though the phone calls have picked up again. If I have acknowledged the debt from my CAB letters can they still not enforce anything without the CCA ????

 

What does this all sound like ??????? Anyone got any idea's.

[TimeToStandUp]

Hi all, first post here..

 

Anyway Link are the lowest form, and I wish I knew about this site a couple of years ago.

 

Let me tell you of my experience... I had a card which naturally got maxed for my wedding, then I had kids and you know never really paid it. Anyway I was away on a training course and all of a sudden I got a message from my wife in a real state... She just had someone who we dont even know abot 20 doors up the road knock and say that they had a phonecall from someone asking them to ask me to urgently call them. When I called them it was Link !!!!

 

Any way despite harresment I coulnt afford to pay, it went to court, I got a CCJ and then went to court again and got a charging order. Strange thing is only this week I remortaged and paid them off from it...

 

Goodluck I hope you get a result against this lot.

[Rossino 3]

17th of April I have received a response from Link stating they have sent the request off for my CCA to MBNA.

 

On the 16th in response to their witness statement I have wrote to them acknowledging receipt and stating that the CCA and assignment was missing from their attached documents with the statement and therefore the debt is uneforceable. I have also sent a copy of this correspondance to the court.

 

Just have to see now.

[ODC]

Im no lawyer but by their own WRIITEN admission they have on 17th April only sent off for the CCA from MBNA. Therefore it would logically follow that they do not have it themselves.

[Rossino 3]

Does anyone know what will happen at the Court tomorrow if Link have no CCA or any original documents other than my own letters copied ??

 

How does this work now with their claim ??

 

It is a Disposal Hearing.

 

They have not produced the CCA or Deed of Assignment.

 

PLEASE HELP !!!!!!!!!!!!!!!!!!!!!!!

GETTING NERVOUS NOW !!!!!!!!!!!!!!!!!!!!!!!!

[gemspan]

Hello there

 

Try not to worry. I know its not easy. As the law stands, if they cannot produce a document to confirm that the debt is actually owed then they cannot pursue it. I would imagine that Link will not be able to produce the document and the judge will have to order another hearing. This is the only thing he/she can do because Link cannot prove that they actually are due the debt.

 

Good luck and please let us know how you get on.

 

Take care

Annie

[djdave]

This isn't any practical help, just a message to let you know that I too am dealing with Link Financial and that I wish you the very best of luck tomorrow

[Rossino 3]

Thanks for your help.

 

They definetly don't have the agreement or any orginal letters etc.

 

I hope the judge plays by the law.

 

From what I can gather something is a miss because it is a Disposal hearing and not a final hearing.