Link Outsourcing

[beachy mk1]

Hi everyone,

Have pretty much got everything under control but our friends over at Link have decided to give me a hard time over a (seriously) disputed account from Woodchester/Santander.

Filed a ppi mis selling complaint against the OC only to be told to go away we weren't regulated at that time, FOS wouldn't take the complaint (have spoken to them since & they will look into it providing I supply details of who the insurers were - GE/Santander refuse/ignore my request for that info - (even via SAR).

PT looked at the agreement and found that it was full of errors and therefore improperly executed, long ping pong with Santander 'WE are right - YOU are wrong'.

Debt 'assigned' to Link last year, ignored their letters until I received one which stated that they had carried out a Land Registry search and that I /we are home owners with sufficient assets to secure the debt against, albeit the wrong address.

Fearing they may try & get a ccj using that address I fired off a letter of complaint, to which they replied with 'here are the documents you requested' (never made any request).

However, interestingly, they enclosed a copy of the account statement which showed that Santander used my £10 SAR fee against the debt, also enclosed was a copy of a termination letter (which was never sent to me).

A DN was issued on the 5th November giving until the 19th to remedy BUT I never received it until the 12th., I phoned them at the time to complain and followed that up with a complaint letter (fortunately they didn't bother with reissuing a new one). The info Link provided shows that on the 22nd Nov the account was terminated, but on the 23rd a Notice of Default was issued (received 29th) giving me seven days to pay the arrears or the account would be terminated.

Have written to LINK pointing out the dispute with the OC and the fact that an invalid DN had been served followed by the Termination Notice therefore the agreement (had it been enforceable) was an unlawfully termination & constitutes repudiatory breach, which I elected to accept, therefore the agreement is recinded.

So now their phone calls have started, the other day OH was caught off guard and answered a withheld number, the man on the other end demanded to speak to me, when asked who he was he said that he was a bailiff appointed by Link Outsourcing and needed to speak urgently regarding an unpaid debt.
(TrueCall comes out of 'retirement' and is switched on).

Have now received a (badly written) letter stating that as they now own the debt there is no dispute and they will take whatever action to secure payment and they are refusing to remove the DN and will continue to report to the CRA's, they refer to the debt as a 'CHOSE IN ACTION.

(Sorry for the long post)

Beachy

[Angry Cat]

Re: Link Outsourcing

So now their phone calls have started, the other day OH was caught off guard and answered a withheld number, the man on the other end demanded to speak to me, when asked who he was he said that he was a BAILIFF appointed by Link Outsourcing and needed to speak urgently regarding an unpaid debt.
(TrueCall comes out of 'retirement' and is switched on).

Have now received a (badly written) letter stating that as they now own the debt there is no dispute and they will take whatever action to secure payment and they are refusing to remove the DN and will continue to report to the CRA's, they refer to the debt as a 'CHOSE IN ACTION.

(Sorry for the long post)

Beachy

Firstly, report Link Financial Outsourcing Limited to Consumer Direct and the OFT!

False representation of authority and/or legal position
2.3 Those contacting debtors must not be deceitful by misrepresenting their authority
and/or the correct legal position.
2.4 Examples of unfair practices are as follows:
a. falsely implying or claiming authority, for example, claiming to work on
instructions from the courts, claiming to be bailiffs or, in Scotland,
sheriff officers or messenger-at-arms
b. falsely implying or stating that action can or will be taken when it legally
cannot, for example, referring to bankruptcy or sequestration proceedings
when the balance is too low to qualify for such proceedings or claiming a
right of entry when no court order to this effect has been granted
c. misrepresenting status or backing, such as

•

using a logo which falsely implies government backing

•

using a business name which implies public body status, or

•

falsely claiming trade body membership

d. falsely implying or stating that action has been taken when it has not, for
example, that civil action has been taken or that a court judgment has
already been obtained
e. falsely implying or stating that failure to pay a debt is a criminal
offence or that criminal proceedings will be brought
f. pursuing third parties for payment when they are not liable
g. taking or threatening to take court action in the wrong jurisdiction, for

example, taking action."

CCA Search :: CCA Search Results :: Licence Details


Application / Licence Details




Licence Number:0632508
Licence Status:Current

Current Applicant / Licensee:

Business NameCompany Registration NumberLink Financial Outsourcing Limited7059696

Categories:

Consumer credit Credit brokerage Provision of debt-adjusting on a commercial basis Provision of debt-counselling on a commercial basis

Right To Canvass Off Trade Premises:No


Trading Name(s) (Current):

Elmwood Park Fleetwood Collections Instantsilver Thesis Servicing

Issued Date: 02-Dec-2009
Date Maintenance Payment Due: 01-Dec-2014


Legal Formation:

Body Corporate (incorporated inside UK)

Current Individuals that run the organisation:

NamePositionPaul David Burdell Selina Lee Burdell

Nature of Business:

Other

Current Address(es):

Address TypeAddressPrincipal Place Of BusinessCamelford House, 89, Albert Embankment , LONDON, SE1 7TP, UKRegistered OfficeCamelford House, 89 , Albert Embankment, LONDON, SE1 7TP, UK

------------------------------- merged -------------------------------
[QUOTE] from the ICO register:

Registration Number: Z2016543
Date Registered: 30 November 2009 Registration Expires: 29 November 2010

Data Controller: LINK FINANCIAL OUTSOURCING LIMITED

Address:

CAMELFORD HOUSE
89 ALBERT EMBANKMENT
LONDON
SE1 7TP

[beachy mk1]

Re: Link Outsourcing

Thanks AC,

Unfortunately OH was caught off guard & cant prove the call, let the b*gger ring again - True Call all fired up and waiting.

[Angry Cat]

Re: Link Outsourcing

Beachy, the worse that they can do, is to punish you via your CRA credit files!

What was the date of the first default?

Keep that Truecall switched on!
------------------------------- merged -------------------------------

Thanks AC,

Unfortunately OH was caught off guard & cant prove the call, let the b*gger ring again - True Call all fired up and waiting.

Please, see my post #1486:
http://www.consumeractiongroup.co.uk...imited-75.html

[beachy mk1]

Re: Link Outsourcing

There is only one DN.

Default Notice dated 5th November 2008 giving to 19th to remedy (received via UKMail 12th November).

Termination Notice dated 22nd November - You have disregarded our Notice of Default and as a consequence we give you notice that we hereby terminate the hiring & the agreement forthwith.

Notice of Default dated 23rd November - The DEFAULT NOTICE issued on this Credit Agreement has now expired and has not been satisfied. Take notice that you have seven clear days from the date of this letter to contact us or clear the full arrears. (received 29th November via UKMail)

Beachy

[Angry Cat]

Re: Link Outsourcing

Account Terminated on the back of an ineffective DN.

Therefore and to reiterate, the only course left for them is to punish you via your CRA files.

If that issue is of concern, you can make a complaint to the ICO, if you can prove that there is a valid dispute re: the agreement.

Link Financial or, any of its associated companies will not remove Defaults;
in many cases their continued processing is merely a punishment...

[beachy mk1]

Re: Link Outsourcing

Thanks AC,

So after 6 years the default & Links processing will drop off the CRA's files.

As they 'own' the debt can they issue their own DN at any point.

Thanks in advance.

[Angry Cat]

Re: Link Outsourcing

Thanks AC,

So after 6 years the default & Links processing will drop off the CRA's files.

As they 'own' the debt can they issue their own DN at any point.

Thanks in advance.

Under the DPA a Default (the first default) can only be processed for 6 years. After the 6 years it must be removed; cease to be processed.

[quote] by beachy:
As they 'own' the debt can they issue their own DN at any point]

Only "the Creditor" is entitled to serve a Default Notice, which begs the question;
Did Link become "the Creditor" in repect of the credit agreement within the meaning of s189(1) of the Act?
Are they "the Creditor"?

Have you had disclosure of the purported assignment documentation, providing documentary evidence that, the alleged debt was legally assigned.

[Emphasis] you stated that the agreement was Terminated!

[beachy mk1]

Re: Link Outsourcing

The only thing I had from Link is their usual welcome letter/NoA.

Yes GE terminated the agreement

[Angry Cat]

Re: Link Outsourcing

Hi everyone,

Have pretty much got everything under control but our friends over at Link have decided to give me a hard time over a (seriously) disputed account from Woodchester/Santander.


PT looked at the agreement and found that it was full of errors and therefore improperly executed, long ping pong with Santander 'WE are right - YOU are wrong'.

Debt 'assigned' to Link last year, ignored their letters until I received one which stated that they had carried out a Land Registry search and that I /we are home owners with sufficient assets to secure the debt against, albeit the wrong address.

A DN was issued on the 5th November giving until the 19th to remedy BUT I never received it until the 12th., I phoned them at the time to complain and followed that up with a complaint letter (fortunately they didn't bother with reissuing a new one). The info Link provided shows that on the 22nd Nov the account was terminated, but on the 23rd a Notice of Default was issued (received 29th) giving me seven days to pay the arrears or the account would be terminated.

Have written to LINK pointing out the dispute with the OC and the fact that an invalid DN had been served followed by the Termination Notice therefore the agreement (had it been enforceable) was an unlawfully termination & constitutes repudiatory breach, which I elected to accept, therefore the agreement is recinded.

Beachy

1. a default notice is required by s87(1) of the Act before the credit agreement can be enforced or terminated

2. By s88(2) of the Act [as amended by s14(1) of the Consumer Credit Act as from 1 October 2006] that date must be not less than 14 days after the date of service of the default notice.

3. The 14 day period was also required by paragraph 3(c) of Schedule 2 of the Enforcement Regulations (as amanded).

4. A document dated xx November 2008 which purported to be a default notice under s87(1) of the Act was posted to you. It is to be inferred that it was posted on XX November 2008.

5. By s7 of the Interpretation Act 1978 a posted document is deemed to have been served at the time when it would be delivered in the ordinary course of post

6. By case law 14 days in the section means 14 "clear days"
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IMO the DN was invalid, and the agreement has been terminated.

The bully boy tactics (bad business practices) of Link Financial Outsourcing will not work.
They are trying to scare you.

Same old story re: Link, time and time again.

[F_DCAs]

Re: Link Outsourcing

Would the Financial Ombudsman Service also be an option. After all, if they take the complaint onboard, Link can kiss goodbye to £500.

[beachy]

Re: Link Outsourcing

Sorry haven't been around for awhile, forgot password & couldnt log in (forum didnt recognise my email addy either, so I had to re register D'OH )

Anyway, pointed out errors to Link & haven't heard anything more - not even a reply & no further phone calls.

Have informed the CRA of the dispute/invalid DN but awaiting their response.

(password safely stored away now )