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Link outsourcing have assigned a debt to me that I am sure has been paid in full!

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  • Link outsourcing have assigned a debt to me that I am sure has been paid in full!

    Hi,
    I was wondering if you can give some guidance about a debt that has been assigned to me by Link outsourcing.
    From the beginning:
    My ex husband and I had financial problems in 2001 and used Baines and Ernest to manage our accounts andfor help to work things out (not the best solution in hindsight!)
    My husband and I seperated in 2002. I had managed to clear all debts that were solely in my name and the only debt left that was in joint names was for a loan that we took out together in 1998. Baines and Ernest were happy to remove my name from our account with them as my ex was happy to continue paying the last account that I was linked to.
    Skip to Present day (30/3/12)
    I received a letter from Link Outsourcing saying that an application for credit had been made in my maiden name. Not knowing any better I called the number on the letter and the outcome of that call was another letter dated 5/4/2012 telling me about the 'Sale of your debt'

    'We, Asset Link Capital (No 1) Limited (''ALC''), hereby give notice or itimation that effective from 31 July 2004 First National Consumer Finance Limited (now known as GE Money Consumer Lending Ltd) assigned to us the benefit of the debt that you owe to them under an aggreement with the reference number set out above (''your debt''). We have appointed LINK Financial Outstourcing Limited (''Link Financial'') to administer and recover your Debt on our behalf' ......

    and to ring them to arrange payment of what I owed.

    I have checked my credit report and there is no outstanding or defaulted debts (as I alredy new) on my account with the companies named above and no one is interested in me in the GAIN section of my report either . Also, I am pleased to say that my credit score has recently moved up to the 'Excellent' category, surely this wouldn't have happened if I had an outstanding debt since 2007?!
    I have spoken to my ex-husband and he assures me that everything was paid in full and that he has letters to prove it.
    I have not responeded to the letter about the assignment of debt and have not returned missed calls and text messages from link up until yesterday.
    I recieved a call from them and asked them to explain why they think I owe them money. They said that I must remember taking out an account with my ex with the original lender and told me that the account was last paid in July 2007, but could not confirm who paid the account (definatley not me) They say that as the loan was taken out in joint names, I am legally bound to pay the defaulted debt. I asked them to explain why, as I am financially seperated from my ex and the fact that this account does not appear on my credit file that they still think that this debt still exists. The person calling me tried their best to trip me up and admit that I knew this account was being paid and eventually resorted to saying that he would be speaking to his boss to make sure that this account now showed on my credit file!
    I asked them to send original documentation for this debt and also said that they were not to contact me by phone, all communication was to be in writing from now on.
    Big breath!!!
    Questions that I need help with!
    1.What power does this company have to persue me if I find out my ex hasn't paid the debt in full?
    2.They have said that my account is now on HOLD, pending them obtaining the original documents, does this mean they were preparing underhanded further action (CCJ or similar)?
    3.If they do contact me in future are there any LEGAL STATEMENTS I can quote?
    4.Should I ignore future correspondence if it is the documents that I have requested?
    5.Should this account have appeared on my credit file in the past and can they now add this debt to my file?
    6. As they have now assigned the debt to me, am I responsible for it?

    Sorry for the length of this thread and I hope that someone can help me with this one!
    Thanks in advance
    Pennyspringer
    Tags: None

  • #2
    Re: Link outsourcing have assigned a debt to me that I am sure has been paid in full!

    Interesting part here:

    effective from 31 July 2004 ... assigned to us the benefit of the debt
    So it was "sold" back in 2004 and they alleged there was a payment made in 2007 (handy that).
    All in all I'm inclined to think that this is actually statute barred and Link are pulling a fast one on you.

    I'd fire off a simple Prove It letter at them and see what it shake loose.
    There's one in the first link below, post #4

    Comment


    • #3
      Re: Link outsourcing have assigned a debt to me that I am sure has been paid in full!

      Firstly, check out joint and several liability regulations. If the initial credit agreement was in joint names they will try to holdyou jointly liable. Presumably your ex is also being chased! If the assignment of the debt happened in 2004 AND there has been no contact, acknowlledgement or payments (even nominal payments of just £1) then the debt is statute barred. Check it out then tell them to go forth and multiply. Do not under any circumstances agree or accept any liability and do not agree to make even nominal payments whilst this is sorted out as the 6 year statute barring period will begin again. in efect, there is little they can do other than to try to bully/intimidate you into aying up. Resist them. Link Financial Outsourcing and IDR Finance are dubious Companies. There are so many others as well, far too many to mention, but financial institutions use such Companies to intimidate people when the original debts were sold on long ago. If in any doubt and especially if they state that they WILL (not may) issue proceedings in the County Court then get advice from the CAB or a solicitor. But my advice would be to sit tight and let them waste their money on postage and phone calls.

      Comment

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