keep the wolve diary

[garlok]

Re: Keep the wolves away diary

Hi KTWA,

It would seem that you have had a very bad experience in the past and you are letting the fear LINK would have you feel, get to you. Sit on it a couple of weeks and write back saying you are not prepared or able to make a payment of the size they have suggested. You are however prepared to increase your offer to £250.

The other thing is £785.82 as quoted earlier is rather more than 35% of the stated balance from earlier posts. The outstanding balance is £1260 as I understand it yes?

Right, have the figure £250 in your mind as the 20% level. If they turn this down, I would wait another 3 to 4 weeks and make a final offer of £300. Take this or £1 a month as a formal offer. You have made a formal offer and they have to take the chance that the court will accept that offer if it ever gets that far which I think is unlikely.

Question has this debt been assigned in Absolute to Link yet? If not then you are actually in negotiation with the original creditor in fact. Hence pull the offer off the table altogether if they turn it down would be my next move. Cause if its LINK acting on behalf of the OC there ain't anything they can do like going to court without the OC involved.

regards
Garlok

[keep the wolve]

Re: Keep the wolves away diary

Hi Garlok
Thank you for replying. The figure is indeed £1260. I am really not sure if the assignment is absolute. The last Statement of Account I received from Link on 3rd May 2011 says 'Assigned to Link Financial' and the date it was assigned 'Feb 2008', but not sure if this is anything to go by. The only other thing I have is their reply when I asked for my CCA, 'Link Financial purchased my debt from MBNA & they do not have the documentation but will get it in 30 days', which they did with an enforceable CCA. Anything else before that I just opened, read, then threw out (Naughty I know, but if I couldn't see it, then I could hide from it) in my debt days.
I really can't answer your question as I have learnt from this forum to keep everything in a file now. How would I find out?

[BBoo]

Re: Keep the wolves away diary

Good advice from Garlok!

If you really want to find out, there's two straightforward ways. One is to send them a SAR whereby you'll get all data and information they hold about you.

The second and easiest is to write and ask them straight out Are you the owner of this debt? then remind them of the latest OFT Guidance which states under Physical / Psychological Harassment:

f. failing to ensure that an accurate and adequate history of the
debt is passed between parties, as appropriate and necessary

AND

Unfair and Improper Business Practices:

3.1 False representation of authority and/or legal position:
businesses should accurately and truthfully represent their
authority/status and the correct legal position with regard to
debts and the debt recovery process

Both of these (along with others should you want them) are pretty clear.

[Never-In-Doubt]

Re: Keep the wolves away diary

Just sit tight and stop stressing, give it another 3-4 weeks for them to respond to the original offer - you cannot increase it whilst they've not formally rejected it so await a response.

Nothing to panic over, its only £1200 - we've fought debts at £25k and got great settlements so this is nothing to worry over - trust me yea? Trust Garlok and others as well, we've all been there and read the book

[Never-In-Doubt]

Re: Keep the wolves away diary

Hi Garlok
Thank you for replying. The figure is indeed £1260. I am really not sure if the assignment is absolute. The last Statement of Account I received from Link on 3rd May 2011 says 'Assigned to Link Financial' and the date it was assigned 'Feb 2008', but not sure if this is anything to go by. The only other thing I have is their reply when I asked for my CCA, 'Link Financial purchased my debt from MBNA & they do not have the documentation but will get it in 30 days', which they did with an enforceable CCA. Anything else before that I just opened, read, then threw out (Naughty I know, but if I couldn't see it, then I could hide from it) in my debt days.
I really can't answer your question as I have learnt from this forum to keep everything in a file now. How would I find out?

Assignment would only help us establish if the debt is owned by the OC or a DCA - if the latter then we can get better deals, I did explain all this before as Pixie mentioned above.....

You do not need to SAR anyone, or do anything else just yet - obviously for now retain all documents, but the reason they would go to the OC for the agreement is because when a DCA assigns an account they do not always request the paperwork, so they can go get it from the OC at any point....

Don't worry too much about the assignment element, we can safely assume the DCA can negotiate settlement on this small debt.

[keep the wolve]

Re: Keep the wolves away diary

Thanks for that Never In Doubt. Link Financial did respond (and declined) my first offer in their letter dated 7th October.
I will sit tight, as you advised & leave it for a few weeks before making a £250 full & final offer.
I am just terrified of legal action again. At least there are people like yourselves on the forum who have been there before & give great advice on what to do.
I guess ignoring debts & threats the last time was the problem because when I faced up to it, it was too late (legally)
I will hopefully stay ahead of the game this time round.
Thanks to all of you for replying with excellent advice & for not having a go at me for this mess I got myself in.
It is really comforting to know you are there.

[garlok]

Re: Keep the wolves away diary

Hi KTWA,

Stick in there with it. As regards "having a go" at you, that is just not allowed here and all mods are briefed heavily to deal with any such comments. We all have our messes to clear up, some self inflicted some not, they are all the same. Putting people's lives back on track using all of the legal methods at our disposal is the name of the game, if that costs some of the parasites of the DCA/Banking sector in their pockets then so much the better.

regards
Garlok

[MrsD]

Re: Keep the wolves away diary

och KTWA

We would never have a go, we're all in the same boat, been there done it, got the teeshirt in several sizes.

The ethos of this site is about help and quite frankly Niddy would murder us if anything else was suggested.

try not to worry and keep us posted, remember knowledge is power and where banks are concerned it most certainly is your most potent weapon.
most of the people who work for creditors aren't as clued up as we all are on here, not just mods but posters as well and that's what makes the difference!

[keep the wolve]

Re: Keep the wolves away diary

Thanks Garlok. It is so refreshing to talk with you guys on this forum. You definitely do calm things down when the going get tough. Knowing you are/have been there & sharing experiences makes it all seem so much easier to speak about (I learnt the hard way that hiding from it doesn't work) and deal with.
Thanks all of you for being so understanding.

[keep the wolve]

Re: Keep the wolves away diary

Thanks Even Less Dopey. You are all brilliant. It really is down to knowledge & keeping one step ahead of these b******s.
I look forward to speaking with all of you.
I will keep you posted on developments.
Thank you again for being absolutely brilliant.

[Never-In-Doubt]

Re: Keep the wolves away diary

Thanks Garlok. It is so refreshing to talk with you guys on this forum. You definitely do calm things down when the going get tough. Knowing you are/have been there & sharing experiences makes it all seem so much easier to speak about (I learnt the hard way that hiding from it doesn't work) and deal with.
Thanks all of you for being so understanding.

Let me just add - what Garlok has made public is enough to shock some people, the private chats I have with him regards other stuff would chill you to the bone - some of these DCA's really are despicable to the highest order......

[keep the wolve]

Re: Keep the wolves away diary

Hi Guys

Ok, got letter yesterday from Link (no mention of my last f&f in it) Letter says 'this letter is final notification that any agreement you had with Link Financial to repay your debt has been cancelled for non-payment.
Without further reference to you we will immediately commence recovery of the full sum of £1208.96 by one of the following options. You will be held liable for any and all of our costs associated with collection.
1. Your data will be passed to our internal Asset Investigation Department.
2. Your account will be approved for recovery by way of a Judgement/Decree secured in your local Court.
3. This debt will be transferred to a Debt Collection Agent who may call at your home.

It is unfortunate that we have not been able to resolve this amicably with you. As always, our team of Account Officers are available to help you on 0844 7368422 should you wish to discuss this matter.'

Have a few things to mention to you here first. I have read in previous posts that Link are inclined to act quickly on matters so just need to be prepared for them. I have a charging order on my property from a previous debt (this is due to finish Jan 2012 when the debt is paid) I live in NI so we have the Enforcement of Judgements Office here.

My debt with Link was charged off from MBNA on 30.01.08 & a default was put on my credit file. I had a look at my credit report again on 5th August 2011 (at this time I was awaiting my CCA request from Link) and noticed Link had defaulted me on 14.08.11 (but they still took a payment from my account at the end of August even though I asked them not to until I got my CCA)

Ok guys, what do I do now please? I am not sure if I should send them another f&f a few weeks down the line (since they are now not any further dealings with me) Just a bit worried as to what they might do in the meantime.

[MrsD]

Re: Keep the wolves away diary

mmm it could just be a monthly round up mailshot, but Link need a close eye. I would be inclined to send a one liner pointing out that you are still awaiting a reply to your previous letter and enclose a copy. Its not a huge amount and would be expensive to take you to court for it, so on the balance they may just send someone around to collect your doorstep! Whom of course you will just ignore or tell to piss off.

[keep the wolve]

Re: Keep the wolves away diary

Thanks Even Less Dopey for your reply. I think sending them another letter & enclosing a copy of my f&f might help.
I do not want them coming to my door as other half knows nothing about this debt as it occured before we met & would like to keep it that way. Other half is aware of the last carry on with the charging order but thinks that is it.

[keep the wolve]

Re: Keep the wolves away diary

Hi guys

Just a quick question please. I am going to write back to Link as Even Less Dopey advised, and state that I am still awaiting a reply from them to my full and final offer. Should I also send them the 'Doorstep Visit' letter too? I am not sure if anyone has had any success with this so would appreciate some advice on this please.

Many Thanks again.