prblems with 'Link Financial' looking for some advice please !!!

[Aceydee]

Errrmm where to start, I had a call from 'LF' a long time ago(several years ago) where a nice lady informed me I owed them money and ask me to pay of seventeen hundred pound debt to which I replied on the phone that I was no longer in employment and signed of work due to illness, lady said fine and heard nothing from them untill the last year and a half(2010-2011) of constant phone ringing, I would answer and tell them the same thing untill I got annoyed and was speaking with a man and a stupidly friendly woman and agrred to payment plan in December/January of £5 a month, I paid 1st 2 months but got to Febuary and I rang them up to say that my £5 payment would be 3 days late to which the man became very hostile and shouting down the phone at me (no recording ) so I hung up, I havent had a phonecall for 2 months and then another friendly woman phones me asks about paying off debt when I mentioned the hostile male she assures me he no longer works for them but insists I pay off the debt to which I replied over the phone that I would love to clear it but being on benefits the last 2-3 months ive had little to no money left to give, just surviving myself, she then goes on to say she is sending a letter for me to fill out showing my proof of earnings/benefits, it turned up but I threw it straight in the bin, today I get 3 calls in a row, 2 I didnt answer as was busy but when the 3rd call just kept ringing and ringing I decided to pick up and some man(no name) asks me if I have recieved the letter, I replied no, he says they will send another one, also he says something about them 1st being in contact with me in 2004

 

That is the basic outline of my prediciment and am looking for help/usefull info about this as I have looked before on the web and not found much info and have not been to the CAB and dont do well with explaining stuff in front of people

 

thank you for your time

keep up the good work

everyone has the right to peace of mind

[Crocdoc]

FIRST OF ALL NEVER UNDER ANY CIRCUMSTANCES PROVIDE DEBT COLLECTORS WITH INCOME AND EXPENDITURE USING THE FORMs THAT THEY PROVIDE.

There is of course no oblgation to do so.

 

Secondly, never talk to these people on the phone. If they ring you simply refuse to answer security questions or engage with them in any way

I would seriously suggest consult your local CAB who will look at the overall situation and deal with the numpties on your behalf.

They are used to meeting people who lack confidence and will not pressure you in any way.

[Aceydee]

that information is most usefull, thank you

[gloryhunter]

Hi did you ever ask for proof that you owe them money? who was the original lender? is this a loan,credit card? Dont speek to any DCA on the phone ask for everything in wrighting, i will inform a few members of your thread

[havinastella]

Was there EVER a gap of 6 years (5 in Scotland) when NO payment was made?

 

Jogs

[gloryhunter]

Was there EVER a gap of 6 years (5 in Scotland) when NO payment was made?

 

Jogs

 

good point

[Aceydee]

It was for a card from barclys who i still have an account with but dont use there services, I was phoned 2004 I think and I only made £10 worth of payments recently(December 2010/January 2011)

[Crocdoc]

Unfortunately your payment of £10.00 rules out the Statute Barred route.

 

How much are they claiming in total?

[havinastella]

Unfortunately your payment of £10.00 rules out the Statute Barred route.

 

How much are they claiming in total?

 

Last time I looked 2004-20010/11 MAY well be 6 years.

 

I would ring Barclays and get the exact date in 2004 you made your payment. I would then be looking at the date of the first payment to Link. Hopefully its over 6 years!

 

Jogs

[gloryhunter]

If you paid £10 in dec/jan 2010/2011 the looks like it's not statute barred then. Did you get a notice of assignment from link? Not sure but think you should send a cpr31.12 and cpr 16.4(2) to link and find out what docs they send you i sent mine of 36 days ago and still nothing!!!!! think i am right in saying they have 28days to comply hopefully some one will put me right if i am wrong :(regards GH

[Aceydee]

I never made any payments to Barclys, 2004 (summer trime I believe) was the 1st time LF contacted me, the £10 I made was very recently to LF, December 2010 and January 2011

 

I never paid anything to Barclys before 2004

 

I believe £1700 and something is what they are after

Edited August 4, 2011 by Aceydee
info

[havinastella]

I never made any payments to Barclys, 2004 (summer trime I believe) was the 1st time LF contacted me, the £10 I made was very recently to LF, December 2010 and January 2011

 

I never paid anything to Barclys before 2004

 

 

I believe £1700 and something is what they are after

 

You need to work out in there was a clear 6 yrs with no payments. If there was, the debt is Statue Barred and they can go whistle!

[BRIGADIER2JCS]

If you have paid £10.00 this year the 6 year clock starts

from the date of that payment.

Unless you can prove a clear 6 year period

before that payment.

[Aceydee]

As I have said they contacted me first in summer of 2004 and I made no payments to Link Finacial or Barclys, the only payment I have made was of December 2010 and January 2011

 

So should I phone them up and ask details about first time of contact and first payment(summer 2004 - December 2010, more than 6 years) or just keep throwing there mail in the bin?

[havinastella]

http://www.consumeractiongroup.co.uk/forum/showthread.php?315256-prblems-with-Link-Financial-looking-for-some-advice-please-!!!&p=3511094&viewfull=1#post3511094

[brokebutnotbeatn]

Aceydee. Confused. Before the Dec 2010 payment was your last payment / written ack of the debt Jan 2004?

[Aceydee]

I had another call from LINK-F again today(last one was 2 months ago) where a very chirpy lady was asking me about setting up another payment plan and filling out a 'my income form'

 

I informed her that I would not be filling out said form or starting a payment plan as I was still talking to CAB and she says she will call back in 2 weeks

 

In response to queries, The debt was reckonized at LINK-F and by me when I spoke to someone in spring/summer 2004 (no money payed to them, just noted) , I heard nothing else from them untill December/January 2010 where a payment plan was set up and I payed a whole £5 at the end of December/January and was going to pay a payment in January/Febuary

 

I still have my account with Barclys ( but is not used ) I made no payments to the bank ever, the only payment paid was to LINK-F in December/January 2010

Edited October 11, 2011 by Aceydee
info

[BRIGADIER2JCS]

Well that fiver restarted the stat barred

6 year clock I'm afraid, otherwise

you could have been free of this.

[havinastella]

Was the Last payment Dec09/Jan10 or Dec 10/Jan 11??

 

When was the last payment before this. Acknowledging the debt on the phone does NOT count against it being Stat Barred!

[BRIGADIER2JCS]

There is an actual payment it seems,but

I'm not clear as to what has actually occurred

previously, there may be some close dates

on the payment and restart of 6 years need

exact dates.

[BRIGADIER2JCS]

There is an actual payment it seems,but

I'm not clear as to what has actually occurred

previously, there may be some close dates

on the payment and restart of 6 years need

exact dates.

[Aceydee]

there was a clear period(just) of 6 years with no payments made to a debt collection agency or the bank (the only reason I payed the £5 was because of constant phonecalls allday in NOV,DEC and JAN 2010/2011 from LINF_F)

 

I have a letter from Link-F stating they got the debt given to them 2004 and was regonised by me(no payments made)

[sillygirl1]

Couldn't it be counter argued that the payment was made under duress and that the company had not clearly given the options to the poster before payment was made, also as the payment came from benefits it could be deemed to be unsustainable.....

[Aceydee]

the way I see it is they tricked me into paying them some money even though they knew it had been a clear six years and I had payed them no money then they hound and harrass me for a month with threats, phonecalls and letters(Nov-Dec 2010) into paying them some money

[BRIGADIER2JCS]

Warnings have been given on this

forum so many times about talking

to DCAs, and checking CRA files

especially if you are aware that a

debt is nearly time barred, as I

said on another thread today the

greatest of care must be taken,

accounts/debt portfolio are reviewed

regularly and often will be sold on

to companies who make a speciality

chasing these debts, often they will

succeed in getting a payment as the

debtor is caught out o r has no knowledge

of the Limitations Act.