Hello from Ireland, Student Loan Dilema & Link Financial have lead me here.

[AndyOrch]

HI there

 

Enforcement of a judgment is when no payments are made..

...the creditor then has various options to execute the judgment by either a Attachment of Earnings or a Charge on your property or a Third Party Debt Order.

..they could even make you Bankrupt as an option.

 

As the judgment got close to the 6 year bar..

.that's why you was pressured by SLC to start payment and also they attempted an AoE order which failed..

....CCJ,s that have not been effective or executed can become Statute barred if not executed by their sixth aniversary.

 

Enter Link/Thesis .......the judgment was then assigned to them after a period of managing the collection only .

.they are now the legal owner of the judgment/debt in its entirety.

( I assume you have had Legal Notice by way Of A Notice of Assignment from either party?)

 

The problem now when a debt is assigned to the assignees (Link) is that they are unaccountable for anything.

..payments/statements/ statuary notices etc.

..so as to the balance and what you have paid to date is anyone's guess.

..not disregarding what you have already paid to SLC.

 

Lets move onto post judgment interest that you state SLC & Link are adding.

..that can only be confirmed as lawful by checking either the Notice of Judgment or the Terms & conditions of the loan.

 

I trust the above is of help.

 

Regards

 

Andy

[WarrenBuffet]

Many thanks Andy.

[WarrenBuffet]

Have had a good think about this dilemma last night and with Andy's and dx's excellent advice i believe that Link will not be able to provide a legal response to my CCA request?

 

As regards my CCA i did make the mistake of signing the letter though and have been reading horror stories of other people saying that some DCA's have been known to scan signature onto documents!? Anyways if this happens i will challenge them to produce the legal document in a court.

 

So..... As i was saying i was thinking last night that i might make a "full & final offer" .... Is this wise and if so at what % of what they claim is owed should i offer?

 

Or! ....... should i just sit tight and continue dispute?

[AndyOrch]

They are not legally obliged to comply Warren ...the Judgment replaced the agreement ....so its your call as to F&FS or to stop payments...either way I would want clarification on the balance ...what has been paid and question the post judgment interest if that still remains in the balance.

 

Regards

 

Andy

[WarrenBuffet]

Thanks again Andy.

[WarrenBuffet]

Crikey! I know that you should take most things you read/hear with a pinch of salt unless its from a source/body you know you can trust.

 

i will follow Andy's direction but started a thread on another financial website as to what DCA 's generally pay for debts? Some state it's 1p in the pound but i do find this hard to believe unless its a debt that has been sold on several times and is more or less unservicable .

 

The consensus however seems to suggest its 20% of the debt is what a DCA as a general rule pay.

 

Anyways, good to know if push comes to shove i should be offering Link £880 for a debt allegedly sold of the£4400. If i then deduct total payments of £500 already made by me from the £880 then £380 should seal the deal?

 

PS: I know this is all pie in the sky as Andy has already stated that its the ccj that stands and its judgement amount which needs to be established.

Edited December 7, 2013 by WarrenBuffet

[WarrenBuffet]

Just got a reply from Link today (Tues 10th Dec 2013) as regards my CCA .....

...... i think these parasites are taking the Michael as they have simply sent me the same details as SLC sent when i SAR'd the SLC.

 

These are copies of my original Student Loans taken way back in 1992 - 1995

and the same sheets that they received when i sent SLC a SAR and the SLC told me that they would be sending

Link the same SAR but for free as i was paying the £10.

 

Link have just sent me another copy of what i already have.

 

Surely, they can't get away with this?

 

the transcript of the letter below .......

 

" Dear Mr Buffet

 

In accordance with you section 77 request,

please find enclosed a copy of each properly executed loan agreement that you entered into with the SLC,

which includes a generic copy for ease of reading and a statement of account as required under the Act.

 

A reprint of your annual statement as issued by the SLC is also enclosed

including a copy of your financial history since your account has been serviced by Link Financial Outsourcing Ltd.

 

Name: Mr Warren Buffett

Link Ref: XXXXXXXX

Original Contractual Obligations: 60 monthly Instalments.

Total sum paid: £346.00

Current Balance: £5,289.95

 

Due to the status of your account

the SLC obtained a CCJ under claim no: XT000000 for a judgement balance of £4,404.28 at Northampton County Court Bulk processing centre on the 15th Jan 2002.

 

I therefore advise that your remaining balance is £3,919.28 and on repayment of this amount your account will be settled.

 

If you have any further questions or queries to this letter please feel free to contact our office on this rip off number at your expense."

 

 

This letter has really got me annoyed,

they have not properly address the CCA request and as of Jan 2002 my loan account figure as stated on the statements

sent from SLC was £3,250 on 31st Jan 2002.

 

I have made payments of £500 to date and can prove this and

this 'Judgement Balance of £4,404.28' is nonsense,

if there was a judgement surely i would have seen it as

they are simply sending me out what information

i have already received from the SLC in my SAR!

 

Any help and direction pointing as to how i should tackle this will be greatly appreciated.

[AndyOrch]

You need to request a copy of the N1 and the judgment now from CCBC...if its still available.

 

 

Regards

 

 

Andy

[WarrenBuffet]

Thanks Andy, would i be wise in forcing Link to provide this or would i be better getting myself?

 

** Please ignore the above, i will request myself as per your post.

Edited December 11, 2013 by WarrenBuffet

[WarrenBuffet]

On advice from Andy i looked into the CCBC and they had an advice line that one could ring if you had a Case No or a Claim No handy. ( 0300 123 1056). I spoke with a decent chap who asked me for my number and i read out the XT666666 number that Link had provided me with a reference for my CCJ on 14th Jan 2002 with £4,404.28 the judgement amount ......they claim?

 

The fella from the CCBC told me that the reference i gave him was incorrect and that the reference should be eg: 92WB12345. He told me that there was nothing he could do until he had this reference for the Judgement. So i called link on their non premium number 02920853500 and spoke with the lady i had made a complaint with the previous day in relation to my CCA response and told her that i had been in contact with CCBC and the reference provided by Link was incorrect and the reference she had provided was from the 3 Court papers i have attached in an earlier post when the court in London was attempting to establish my location and earnings. I told her that she was providing false information in an attempt i believed to mislead and extract money when the only details that they hold are the same details that i hold and those details provided by the SLC in my SAR application which did not include the original judgement!

 

She told me that she would 'pass my details onto the relevant persons and have them contact me'

 

 

So, beware Link as we all know are less than truthfully and do not fear putting absolute rubbish on paper to hoodwink you into paying even though they do not know what your judgement reference is and never mind the amount. I have told them that i will not be entering into any further discussions with them in order to resolve this situation until such times as they provide me with the correct CCJ reference ................ at the moment i don't see how they can as i have attempted and failed to find it!?

[dx100uk]

KEEP scratching.

 

your story is a wonderful inspiration to everyone the gets tied up with the fleecing antics of LINK/THESIS

 

dx

[WarrenBuffet]

Cheers DX and thank you for your help thus far.

 

I think i am going to send them the 30 dy follow up letter for non-CCA compliance as they have failed to provide me with the details requested and sent a letter with false information and it fails to prove their legal title to the alleged debt.

[WarrenBuffet]

This 'Can of worm's' is getting even more rotten the more i delve,

 

i was reading the ' Government has sold £900 million student loans to debt collection company.' thread

and made a comment as regards sending a SAR to the SLC that one should be aware that SLC will send a copy of your SAR to the DCA as well for free!

 

Was told that this was not legal and that it would be a 'breach of DPA' if this was done.

 

Please see attachments

 

No1: was sent to me by Link/Thesis and is my original application to the SLC for a Loan back in 1993,

surely Thesis/Link have no right to have this as they bought the CCJ which no one can find the judgement?

 

No 2: This was also sent by Link and it's a 'Statement' from the SLC ........

....... again i am asking what are they doing with this as they bought the CCJ judgement?

 

No 3: This is a 'Customer Activity Report' and was supplied by the SLC

when i received my SAR, please pay particular attention to 9th Oct 2013 on ......

 

No 4: This again was supplied in my SAR to the SLC and is the same as the Customer Activity Report above.

[WarrenBuffet]

Since Link/Thesis have failed to respond to my CCA and

they simply provided me with a copy of my original application to the SLC for my loans back in the early 90's

when they should be providing me with the judgement for the CCJ.

 

They have failed to provide the Judgement and the reference given by them for this CCJ has been rejected by the CCBC

therefore they have failed to prove their legal title to this debt and it was not they who took the CCJ

so, do i just send this letter below?

 

 

Link Financial Outsourcing

Trecenydd Business Park,

Caerphilly,

Mid Glamorgan

CF83 2RZ

 

Ref: ......

Account in Dispute - Section 10 Notice

 

Dear Sir/Madame,

Account No: .....

Thank you for your letter on 06/12/2013

 

but sadly you have still failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

On 28th November I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8.

A copy of which is enclosed for your perusal and ease of reference.

 

You have failed to comply with my request, and as such the account entered default on 19th Dec 2013.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms,

all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments.

If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.

 

In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore;

You are aware that the Consumer Credit Act allows 12 (+2) days for a request for a true copy of a credit agreement to be carried out

before your client enters into a default situation. This limit has expired

 

As you are no doubt aware section 77(6) states:

If the creditor fails to comply with Subsection (1)(a) He is not entitled , while the default continues, to enforce the agreement.

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it,

Failed to send a full statement of the account and

Failed to provide any of the documentation requested,

any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act

to cease processing any data in relation to this account with immediate effect.

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

It is not sufficient to simply state that you have a ‘legal right’;

You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 30 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY action against an account whilst it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I therefore request a copy of your official complaints procedure which you are obliged to supply.

 

I would appreciate your due diligence in this matter and look forward to hearing from you in writing within 30 days.

 

Yours faithfully

[dx100uk]

I would not be sending link any agreement they do not already

 

have you don't want a copy n paste job going on

 

dx

[WarrenBuffet]

Hi dx,

 

so do i not lead them by the nose as to what it is that they should be supplying?

ie: i should not make the statement that the original application for the the loans through the SLC are no longer applicable

as they have been surpassed by the CCJ?

 

Do i just send the standard template for failing to respond to the original CCA and leave it up to them as too what they need to supply

as at the moment they believe that my 'Original Contract' has been supplied in that they have sent me a copy of my original Loans applications with the SLC?

 

Do they have any legal right to be in receipt of my original loans applications as these were surpassed by the CCJ and as Andy stated are no longer relevant!

[AndyOrch]

As I have already stated Warren the judgment negates the need to comply with a section 77 request (whether Plink are aware of that probably not) but their none compliance has no effect on the debt or judgment now (it cant create a dispute)...so you are really wasting your time.

 

 

Regards

 

 

Andy

[WarrenBuffet]

Hi Andy,

 

Thanks for the reply, but no-one can supply the CCJ judgement neither SLC nor Link and surely we all need to know what that had stated before any progress can be made? With it being 11 almost 12 yrs since the judgement will anyone be able to produce it?

[AndyOrch]

If the courts cant produce it and the Claimant cant then there is little ammo for them to refer to.I recall you only wish to question the matter of post judgment interest....well they cant provide the agreement or the judgment to clarify.So take the debt amount less your payments...that is the outstanding balance at this date.......

 

 

What you do next is not for me to advise you on...I know what I would do.

[dx100uk]

so do I :lol:

 

dx

[WarrenBuffet]

Many thanks Andy,

 

I called the SLC and told them that they had provided me with no reference to the Original Judgement

and they did the same thing as Link/Thesis and quoted the reference for the London courts where they had tried to locate me

and determine my earnings as discussed with you in previous post,

 

i told them that the CCBC could not locate my judgement as this was the wrong reference as it needed to be two number (The Year),

followed by two letters and then five further numbers.

 

The reference that i was supplying was two letters and six numbers and was not the judgement.

 

The same thing happened with Link/Thesis and this is where we stand,

i refuse to make any further movement until they can produce the Original CCJ and they are just ignoring me on this.

 

Im pretty clear as to what i now need to do,

 

dx alerted me in the other thread that is currently running about the latest sale of student loans that interest on the loans does not start until the person can start to pay

ie meet the income level,

 

therefore i will add up all 4 loans and deduct payments and this is the figure i should be paying ......

 

... if they can produce the judgement?

[AndyOrch]

That's about the size of it and if they cant confirm or provide evidence........

[WarrenBuffet]

I think im up to speed now, cheers Andy and dx.

[WarrenBuffet]

With dx's and Andy's advice i have finally got to the bottom of what i should be paying, Link had told me that at the begining of this thread the amount payable was:

 

£5,289.95

 

After seeking advice here and questioning the charging of interest on a defaulted Loan this was in the space of a two min conversation reduced down to:

 

£4,404.28

 

I then questioned them about my contributions thus far and this was further reduced to:

 

£3,919.28

 

At this point i wanted to discover exzactly how much i had paid myself as we all know Link/Thesis are less than trustworthy and discovered that i had made payments of exzactly: £500 while Link claim that i have made contributions of £346?

How can they possibly come to this figure as my contributions have only ever been in £5 or £10 monthly payments!!! So be warned do not trust a word they say and you will have to do the work yourself as you will not discover the truth otherwise!

 

Have been alerted to dx's comment on another thread that interest was not to be charged on the Pre 98 Loans until the individual reached the income threshold i then realised that SLC had been charging me interest since day dot! even during the period that i had legitimate deferrals in place, so beware also of the SLC as they do appear to be in cahoots with the DCA's

 

So, now i know where i am at as in

 

1992 i had a loan for £715

1993 i had a loan for £585

1994 i had a loan for £1,150

1995 i had a loan for £1,010

 

Total Loans: £3,460

Payments made so far: (£500)

-----------------

Total Payable: £2,960

 

** Link claim i owe (£4,404.28) before payments made deduction of (£346) Leaving remaining balance of (£3,919.28) a difference between my calculation of £959.28. **

[AndyOrch]

** Link claim i owe (£4,404.28) before payments made deduction of (£346) Leaving remaining balance of (£3,919.28) a difference between my calculation of £959.28. **

Seems a good enough reason to put the account into dispute then ? misappropriation of payments?