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    • Are you allowed to appeal if you plead guilty?   I know you appeal the sentence, but the criminal record formed from your guilt would surely remain?   I'm not sure if your able to appeal a crimianl record if you plead guilty are you?
    • DX: I did not pursue Link after I got the CCJ amended to monthly payments. Pretty sure the CCJ does not mention reviews, I do have the CCJ somewhere, I will have to look it up in storage. It is as mentioned on the thread you referenced  in your post #28. The Barclays loan was taken out in September 2004 for 60 months! Current Balance remaining approx £2K. On checking back my past correspondence with Barclaycard about this loan, there was a history of them ignoring my letters and offers to pay, and I even had problems in obtaining their bank account details for them to accept my payments! I have received strange correspondence from them too, one referring to insurance which I did not have. They seem very disorganised! Barclaycard told me to pay "Masterloan" a while back and I now receive regular statements and arrears notices from "Personal Loans from Barclaycard" clearly marked Masterloan, they changed the account reference number! I have never requested a CCA on this account. I advised them of my change of address last September, but they are still sending, until today, statements etc. to my old address! I have received 2 letters from Barclaycard Loan today though, not opened them yet!!
    • Yes, a few months ago. They wrote back saying there was no CCA and the debt was unenforcable. I then started gtting bombarded with threatening emails from their 'litigations team' which have been sent to spam. I've now recieved the letter before claim with the PAP form enclosed, but still no CCA or even a letter from them to say the debt is deemed enforcable. Thank you.
    • That's a shame but not unexpected.  I'm not sure about your assumed  questions because I haven't been to court but I'm not sure about not accepting a criminal record. It could be a language thing but it isn't your choice unfortunately.  HB
    • Have you previously requested the agreement by a CCA request ?
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    • 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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Robbery


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Hi friends, this is my first post.

 

While away looking after my mother that was sick, my home was broken inot and a cheque book and cheque guarantee card was stolen. I had no money in the account and did not intend to use the guarantee card so when it was delivered I did not sign and return the form they send to activate it.

 

Over a 3 day period over 3 thousand pounds was spend using cheques and the card putting the account into unauthorised overdraft. The first I found out about it was when I wend home found the devastation and a letter from the bank saying basically "we are not happy with your unauthorised overdraft"...... I immediately phoned the 24hr card reporting line who said, "your card was never activated so could not be used"......

 

I went to bank, reported it and a stop was put on account.......

 

I have written to them about it too but they still send monthly statements with added interest and charges.....

 

It appears that the RBS will pay out on a cheque backed up by a card which is never activated on the system! The bank statement showed "card misuse" beside every switch transaction but it still paid out! Nuts!

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Hi Craigie and welcome to the site.

 

I think it may be wise to ensure you get everything in writing to the bank on this issue, just in case we need it as evidence later!

 

The bank should be taking steps to investigate this properly which I am sure should include a Police investigation - if you have not been made aware of such already, ask it in the letter you send.

 

Ideally, you should just outline the case as you see it and inform them that you are also unhappy to be receiving statements that essentially suggest you owe this money.

 

Also, state that you are quite happy to co-operate fully with any investigation and to give the Police a statement etc etc.

 

It can be very tempting to phone them, but try not to do this unless you can record the calls (you don't need to tell them)).

 

Good luck, and keep us informed about any developments.

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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