Jump to content


  • Tweets

  • Posts

    • If the legendary dx could offer his wisdom it would be greatly appreciated 
    • Hi there Manager for our soccer sixes team moved overseas mid season and we struggled for numbers so we told the ref about 5 weeks prior to seasons end that we would see out these games then be done and he told us he’d ’pass the message on to the relevant people’. Heard nothing, then 3 days prior to the new season beginning we were given our fixture for that weekend. Told the guy over text we had pulled out and the ref should’ve passed a message on but we were told sufficient notice wasn’t given and it needed to be in writing. I argued it’s not our fault the ref didn’t do as he said but we were countered by the T&Cs.    now being chased for what was £608 kindly reduced to £476 to pay off remainder of the season. Been sent a letter in the post from their accountancy team and told needs to be paid by Friday.   seen a lot of the other threads saying we can literally just ignore everything but im concerned about debt collections and credit score being harmed. Can anyone confirm if this all works/what we should do?   thanks
    • Hi,   I have given an official police witness statement for the prosecution in an upcoming criminal court case, and I am very anxious about what might happen.  Specifically regarding being cross-examined.  My statement is very short, and only a couple of paragraphs long, regarding a conversation I had with one of the victims.  I have tried to research online about what information about me the defence barrister might be able to find and use to discredit me.  I have by no means have a shady past but, I am concerned about what private information might be brought up, and as this is a case that will be in the national press as it is in the public interest.  The two preliminary hearings were reported in the papers.   I have tried to research  online what information the opposition can seek, but it is all very complicated.  I believe that they can legally access public records, but I'm not sure what information public records hold.  Can they access my medical records, educational history, HMRC, and Department for Work and Pensions? (I am a self employed sole trader).  I was arrested once, and this was unfortunately instigated by the victim in this case, so could well be of interest to them.  It resulted in no further action, however I have only discovered this week that that, in fact, this means I have a criminal record, and will be so until I am 100 (no chance)! This has really annoyed me to say the least, especially since I asked him afterwards why he rang the police and he said 'for a laugh'.  So I have started to look into applying for it to be deleted, but again, if anyone has any advice on this I would be appreciative. At the moment, my name isn't on the confirmed list to give evidence, but the detective I have been dealing with has said it is 'likely'. The names of the victims in this case will not be allowed to be reported, are witnesses fair game for the press? I really need no know how deep they can delve in to my life so I am prepared if my character gets assassinated in front of the nation. I really wish I'd never agreed to this.   Many thanks
    • A belated thanks dx. Yes I may take your advice regarding StepChange. I am finding that I am telling them (on behalf of my Son) the true balances outstanding? They never seem to check properly in which worries me. If I was to take on myself is there another way of dealing with various debts? I have already submitted other IRL complaints on his behalf. Today I have received a further response from Quidie T/A Fernovo confirming that they will waiver all interest paid.
    • Good evening  Case hearing this Friday 26/04. looking to have all my prep/papers ready.    just checking in to get update on my last post , ( the t&c’s attached). No name or address on them as per #49   thank you UCM  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Kearns calling on old debt (Link?) MBNA card debt


DearPrudence
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2576 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello everyone, I'm posting this as a heads-up for others as much as a call for help.

 

I walked away from some debts 6-7 years ago, so all s-b and I've heard very little (the occasional half-hearted phishing letter). I am living credit-free and within my means.

 

The exception was an MBNA debt which went to Link, who got a CCJ in the autumn of 2011.

 

 

I'd hoped to counterclaim on their outrageous charges and horrible harassment but I'd failed to do my homework properly, so I lost.

 

 

The court did set the repayments at £10 a month for evermore (on £6000), which I pay by standing order. It's down to £5k+ now.

 

 

Link send a "summary" every 6 months stating that I'm in arrears and the total is due, I don't pay it any heed.

 

 

They have called once or twice since 2011 asking if I'm "happy with the payment arrangements" and I've said, "yes, thanks".

 

 

As I understand it, the CCJ will disappear from my record by the end of this year, and I see no advantage in paying them any sooner;

I'm effectively getting an interest-free loan from them,

and my hope is that they'll go out of business before I've paid it all off.

Also, I don't want to give them the chance to say I haven't complied with a court order.

 

I've had two messages left by Kearns in the past fortnight,

out of the blue, seemingly, although I'm guessing that as I've recently been credit-checked for job applications, this may have triggered something.

 

 

They've called with numbers withheld, asking me to call them urgently.

 

I hadn't heard of Kearns, so looked them up on here and learnt that they are part of Link.

 

I'm guessing that I should ignore and wait for them to write to me.

I wish I could say I'm not bothered but I am curious and my blood pressure actually shot up this morning.

(It's going down, typing this. Taking back control, something CAG has taught me well.)

 

I wonder whether they are hoping to trick me into making a new payment arrangement (which would invalidate the court's agreement, wouldn't it?)

or are fishing to see whether I'm working now, and/or want to make a deal

- final payment in return for removing from my credit file

(I don't know that that's even an option, as a CCJ is a public record).

 

 

The other possibility is that they're calling on spec regarding other old debts, but anything else is statute-barred.

 

So ... wait for the letter, I guess?

Can I stop them calling?

They've called just before 9am,

so I've had my phone off, and I'm prepared for any "no caller ID" calls.

 

 

If they catch me, will ask them to put anything they have to say in writing.

 

Should Kearns be reading, and working out who they've been calling this week:

my circumstances haven't changed, but feel free to write to me.

 

 

The contents of your letter will be shared with my friends on CAG for info purposes.

Link to post
Share on other sites

link/kearns should not be using a withheld number

I seem to remember they were fined or something by the FCA for doing this.

 

quite honestly 1 wouldn't entertain them at all.

 

why don't you get an sar off to MBNA and get all the statements

 

then you can reclaim the penalty charges and the PPI

twill wipe the debt out I bet.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Hiya dx, thanks.

I did get all the statements at the time of the CCJ and went through marking all the interest and charges, and totalled them;

but the court didn't entertain them, and made judgment including all the charges.

 

(The judge actually said "you can't behave like this!" to me and cut me short.)

 

I don't think I could overturn that now?

I never had PPI with them.

 

 

I've sort of taken it on the chin, some you win, some you lose, but having a CCJ has made it difficult for me to get work, so for that, I regret not handling this one better and being more prepared.

 

 

Still, come the end of the year it should be off my record.

 

 

The last firm I applied to said that having a CCJ would not be a bar, but concealing it would.

They still didn't hire me, but it's a very competitive job market right now.

 

Back to Kearns

- interesting that they shouldn't be using a withheld number; more ammunition should they catch me on the hop.

Link to post
Share on other sites

reclaim against MBNA nothing to do with what the judge said.

 

 

use our search CAG box of the top red toolbar

 

 

MBNA penalty fees reclaim

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

My advice in this situation... Let them ring and then ask them what it is about.

Record the call though and then come back here :) If it is the same account subject to a CCJ then they can go Foxtrot Oscar - They maynot be the claimant for one. and for two, judge set a payment arrangement that you have adhered to... They are probably trying to chance fate here.

 

That £10 a month you've been paying is paying for 1 round of drinks for the directors at XMAS...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

Link to post
Share on other sites

if its a link CCJ they will be the claimant sols or acting for them

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

Thanks guys.

 

The other lot who've appeared out of the woodwork are Ruthbridge acting for Egg; a couple of letters telling me I need to contact to avoid action. That is way over the sb period so not concerned, I may just add a line to an existing thread on them.

Link to post
Share on other sites

yes do that there

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...