Link PAPLOC Now Claimform - Old SLC Loans

[WhitmoreReans]

Thanks for all of your help guys, hopefully I can get to September without this going 'nuclear'!

[WhitmoreReans]

Dammit, they've started phoning my house. I really wish I hadn't sent the SB letter! Thankfully my wife has just told them where to go.

[cerberusalert]

Send them this;

 

Dear Sir or Madam

 

Harassment by telephone

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

I now require all further correspondence from your company to be made in writing only. [if you Want Them to]

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

Yours faithfully, **Print name do not sign**

[WhitmoreReans]

Thanks for the template Cerberusalert (and thanks to everyone else who is helping me).

Does anyone know what the chances of Link being able to obtain a CCJ are before September? And how likely are they to go down this route?

Edited May 16, 2011 by WhitmoreReans

[Bazooka Boo]

Who knows, I wouldn't try to second guess what a DCA may or may not do, just focus on the here & now. You have to ask if they could have done it when they first had this account, then why didn't they?

 

Also keep a diary of events regarding their harassment by telephone, then report them to the Police for the criminal offence of harassment, as well as other offences they have committed under the law.

Edited May 16, 2011 by Bazooka Boo
Forgot the important bit!

[Cadbury1879]

If they issue a claim you can. DEFEND.

I did, and like you I didn't want a CCJ.

They probably won't ,but in my case they offered a compromise a tomlin order which I excepted.

I would ignore them for now. See what happens.

The SB clock is ticking so they may become more aggressive, or move on to torture others.

Do not be intimidated by them, take as much advice as possible, alot of experience on this site who can help in all scenarios.J ust for the record I truly hate Stink a true low Life.

All the Best

Cadbury

[Cadbury1879]

Just another point, do not under any circumstances speak to them on the phone.

[WhitmoreReans]

Thank you gentlemen for all of your advice, this sort of thing has, in the past, got the better of me so it's good to know I'm not alone.

[WhitmoreReans]

They've now sent me a "Letter Before Action" giving me 14 days to repay in full. I have at this moment 54p to my name. I'll start a new thread on this one.

Recently I posted that the lovely people from Link Financial had contacted me a few months ago demanding full repayment of a 1996 student loan. As I though the loan was Statute Barred I sent the standard SB letter and thought that was the end of it. A while later they replied informing me that as I had deferred the student loan in 2004 it won't become statute barred until September this year, and that I had made a payment in July 2005, which I had not (I consider this a fraudulent act on behalf of Link).

I don't dispute that I deferred the loan in 2004, but I do dispute the alleged payment.

Today, I have received a nasty letter from Link - "LETTER BEFORE ACTION" in which they describe how they are going to pass my account to an external solicitor and enforce a county court judgement against me unless I pay up in full within 14 days. Currently, I am what you would call 'job seeking' so I can't pay them (not that I have any intention of paying them as I consider them to be behaving in a fraudulent manner)

A CCJ would be a disaster for me. I have almost got my life back on track and am close to realising my dream career - a CCJ would kill that dream stone dead forever, me and my wife also want to buy a house and start a family soon, so a CCJ would ruin that dream (and probably end the marriage).

I am pretty desperate, I can't afford to pay them and I can't afford to have a CCJ, it's definitely statute barred in September so can anybody advise me as to what to do next? Would a SAR be any good? Would a CCA request help?

Please help!

[count orlok]

Can you not get the loan defered again, if you are on JSA you do not have enought income to be required to pay it. What happened between you last deferment and now? They write to me each year and I simply send the details and get it defered for another year.

[dx100uk]

two threads merged

please keep to one thread per debt

 

dx

[WhitmoreReans]

I think it may have gone a bit too far to be deferred again.

Between my last deferment and until now I've either been moving around the country and doing rubbish low paid jobs or living abroad, for reasons totally unconnected to this matter I have out of necessity been unable to leave any forwarding address.

I'm the first to admit that I could have dealt with things better, but if Link had been reasonable with me then I would have also been reasonable with them. As they have not, nor will I.

 

[cerberusalert]

When exactly did you last defer?

[WhitmoreReans]

I deferred in Nov 2004, which expired in Sep 2005 according to Link. They argue that SB doesn't kick in until September this year, which I think is correct although I wish it wasn't.

[cerberusalert]

I'd take what they say with a pinch of salt TBH, your best bet would be to send the SLC a SRA to see exactly what as occured with this a/c & when. Meanwhile send Link a letter disputing their claim and state you are awaiting a SAR from the SLC.

[WhitmoreReans]

Excellent, will do. Are there any templates for the SAR and dispute letters?

[cerberusalert]

try the library http://www.consumeractiongroup.co.uk/forum/content.php?68-debt-collection-library

[WhitmoreReans]

Nice one Cerberusalert.

[citizenB]

Yes, send the SAR and get all the information you can from SLC. Almost certainly you want to see where that payment they say you sent did actually come from.

 

You also need to send a letter to Link or their solicitor to say thatyou are disputing their claim.

[Cadbury1879]

Indeed take all the advice as posted.

Link are aggressive, but buy debts, & make a profit by collecting these debt above there purchase price.

Do not feel it's personnel your just a number, the same as me.

As stated previously, do not be intimidated send all the the letters previously advised & see the response.

 

All the best

Cadbury

[WhitmoreReans]

Thank you to all of you.

Once this is sorted I will be making a donation to CAG so that others can be helped.

The next few months will be crucial to my future and I'm sure as hell that I'll do everything I can to stop Link from ruining everything I'm working for. If I could buy you all a beer I would.

[Bazooka Boo]

If I could buy you all a beer I would.

 

I have a bus pass so can travel!!

[dx100uk]

i've got a bike tooo.....

 

dx

[WhitmoreReans]

Right then, I've been avoiding this for a few weeks..Link have responded to my dispute letter:

 

I wrote to Link informing them that I'm disputing the debt, and that I would be seeking a SAR from the SLC (which I actually haven't got round to doing yet..) to which they replied:

 

" We are the sole servicer of the above account. As such, all requests for data and information should be made directly to us."

 

I informed them of my belief that the matter is in fact statute barred and that I had not made the payment in July 2005 that Link say I had made, they responded:

 

"I can only reiterate our previous response regarding your claim that the account is subject to the statute of limitations act.....your account exited deferment in September 2005, as your last acknowledgement via deferment was within six years your account is not statute barred. In regards to the payment applied to your account in July 2005, I have taken the liberty of enclosing reprints of your annual statements previously issued by the SLC. I have highlighted the payment in question which I hope satisfies your claim."

 

In my letter, I told them that I had no knowledge of their company, and that I had never entered into any agreement with them:

 

"The Student Loans Company continued to service your loan accounts on behalf of FFHE until 1st October 2008 when FFHE exercised their contractual right and transferred responsibility for the management of your loan account to Thesis Servicing. All affected customers were informed of this change at the time; if you did not recieve this letter I have enclosed a copy for your convenience I have never seen this letter before!

 

Finally, I told them that they must cease all actions on the account until the dispute is resolved:

 

As we have now responded to your letter we no longer consider the account to be in dispute and do not see the need for any correspondence on this matter. The letter issued to you in May 2001 advising you of our intention to pass your account to an external solicitor remains valid, and unless you contact us with a reasonable offer of repayment then we will continue the process of updating the UK credit agencies with your defaulted balance and obtaining and enforcing a CCJ against you"

 

Link have gone on to state that "Whilst we are entitled to seek the balance in full, we understand that you may not be able to repay this in one payment and therefore in an attempt to resolve this situation to an amicable conclusion we would be prepared to offer you the opportunity to enter into a repayment plan. This would be dependant on you completing an income and expenditure exercise that will help determine a fair and affordable amount. If you enter into and maintain a repayment plan, we will be able to suspend any further action which as already stated may include legal action."

 

So, what should be my next move? Would anyone recommend filling in the form that they have sent and entering into the repayment plan?

I should have responded to this so I need to get my skates on, however every time I've gone near the letter the panic sets in!

I have no idea how to proceed with this so any advice would be greatly appreciated!

[cerberusalert]

" We are the sole servicer of the above account. As such, all requests for data and information should be made directly to us."

Utter tosh... the SAR goes to the SLC. Link do not have the information you are requesting.

 

Write and tell them you are awaiting your SAR from the SLC and tell them you want a copy of their complaints procedure.