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spiritgirl59

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  1. We received a Final Notice at the beginning of the month. Since they have failed to respond properly to our original request for information it will be ignored. We'll see what happens next. SG x
  2. Hello again everyone My husband did write to them as suggested by Bankfodder and has now received a response (of sorts). They have acknowledged receipt of the letter. They have stated that his "recent appeal" has been referred for further information. They have commented that he has not confirmed who the driver of the vehicle was, but has said it was not him, and as such he should provide information as to who the driver was and they will put the outstanding charge on hold for a further 14 days in order to give him time to do so. They have confirmed that he is not obliged to provide this information but have then quoted case law "Combined Parking Solutions -v- Mr Stephen Thomas, Oldham County Court, 2008" where Judge Ackroyd stated that on the balance of probabilities though Mr Thomas claimed not to be the driver he was the driver and the charge incurred was to be paid plus additional court costs. They have reiterated to where payment should be made. They have stated that if the charge has been paid and he chooses to provide further evidence relating to his appeal he should forward it to them for consideration. Prior to the letter being received he received a further Parking Notice (relating to the same alleged incident) which advised he had paid for insufficient time. The insufficient time in question is stated as exactly 8 minutes (!) Nowhere have they confirmed (as they were asked to) the reason for their hefty costs/charges!! What next guys? Love SG x
  3. Hello everyone My husband took his elderly father to look round a local market recently, and today has received a parking charge letter from Parking Eye which states he either did not pay the parking fee on the car park where he parked, or overstayed his welcome My husband remembers paying for a ticket and displaying it, so they are literally trying to charge him (£60 if he pays straight away or £90 if he doesn't etc.), for overstaying by a few minutes according to the times on the letter that he arrived and departed!! Bearing in mind the fact that my father in law is in his 80s and doesn't exactly run like a gazelle - I think its unfair that my husband should be expected to pay this fine! However I've also read its best not to appeal but just to ignore their letters and only respond to any court papers. I've been reading up on other threads on here about Parking Eye, and we fully intend to ignore the letter, but I wanted to come on here and share our experience for a bit of moral support and to ask for help if I may, if Parking Eye start to get nasty? Love SG x
  4. Thanks Jasper! I appreciate your help very much x I'll be back soon, going to gather thoughts about all this with hubby. Love SG x
  5. Hi Jasper December 2002. My husband doesn't feel up to all the stress of preparing to fight - only to possibly end up in front of a Judge who makes him pay anyway..........so we may not now go ahead Love SG x
  6. Hi again everyone I've had a good look around on the forums and done some research but I am still struggling to be honest. I believe our Defence is likely to be based on the fact that we never received any T&Cs at all from MBNA and then Link, and the ones they have sent now is a cobbled together version which has never before seen the light of day ??. However, what confuses me is how they can take us to court at all when we have never received a properly executed agreement either, and Link haven't responded adequately to my CCA request which was made back in 2007? I looked at the case of Kotecha -v- Phoenix Recoveries UK Ltd (Sarl) which involved a lack of an agreement, and Harrison -v- Link which I know you are looking at Jasper which seems to relate to the lack of t&cs. Can our Defence be a combination of the two? and can someone please help me with the drafting of it? Also I'm still not sure about a Part 18 because I don't know what to ask for. I appreciate all your help so far, but am panicking a bit again because I don't know what to do next. Love SG x
  7. Hiya Jasper I'm not sure how to re-attach an attachment here which I put up previously - the "manage attachments" section won't let me drag and drop the same one again for some reason - sorry about that - but the application form is back on page 1 of this thread at post number 7 - attachment called "10MinAppForm.pdf". The account was opened in 2002. We never ever received any terms and conditions by the way, so what you are saying about t&C is a knocked up job must be as we have never seen it before!!! Hope this helps? I can't find a template part 18 request by the way, and am not sure what I should put in one? Many thanks Love SG x
  8. Thanks for your advice SP500 - I'll do some reading up next, and have a look at the Part 18 request jobby. Love SG x
  9. Rest of scans :- Thanks again, and for taking the time to read them all. Love SG x CreditlimitAPR2.pdf CreditlimitAPR3.pdf CreditlimitAPR5.pdf CreditlimitAPR6.pdf CreditlimitAPR7.pdf
  10. Next set of scans :- GeneralTC.pdf GeneralTC2.pdf GeneralTC3.pdf Statementofac.pdf CreditlimitAPR1.pdf
  11. Hi again all I have managed to scan in everything into pdf (Elsa thanks for the Zamzar link its ace!) - some of the paperwork is longwinded but I thought it best to scan in everything so you can see all the bumph Link have supplied. Have added rest of scans to extra posts as there were so many! Before I attach the scans I did notice something which may prove to be very important. My husband insists he never ever received any terms and conditions as well as any Agreement as you know, and Link have now provided a copy of documents which we have never seen before. As regards an "agreement" which has suddenly materialised (!) on page 1 is our address (his name is not on it) - obviously I have deleted our address for privacy reasons. A code number was also added on the bottom of all 8 pages (also removed by me for privacy) However what made me sit up and take note is that at their item 14 on page 5 there is a reference to the following :- Payment Services Regulations 2009 Now it may be that my poor little brain is befuddled here...but how on earch could a reference to something which became a regulation in 2009 be referred to in a document which my husband SHOULD have received when he allegedly took out an MBNA credit card prior to 2007?????????????????? As regards the Assignment they have attached a very weird looking 2 page document headed "offer of receivables" ??? Showing a list of a pile of debts with my husband's name noted halfway down page 2. As for a Default Notice they are not disclosing one - you will see from their letter they are stating that there is a "date" when a mark was registered with Credit Reference Agencies on my husband's credit file and it seems they consider this to be sufficient?. They have advised as you will see that as we have filed an Acknowledgement of Service they "see no purpose" in extending time for compliance further. They have sent two further copies of the front page of the 10 Minute Application form which I've not scanned in again as I put it up on here previously. I'd be really grateful if you would have a read of the docs and let me have your views. I find their "statement of account" very interesting - pay us by cheque or come to some arrangement NOW!! Well they can go forth and multiply! I sent of the SAR to MBNA's head office by Special Delivery office but obviously that information could take some time to come back, so what happens if its not back by the deadline for my Defence to go in, since they are refusing to extend the time further??? So what is my next action guys? Thanks in advance Love SG x CPR31.14reply.pdf BKAPPFORM.pdf Assignment.pdf Assignment2.pdf S78replylet.pdf
  12. Hi again folks We've received a pile of paperwork from Link today and it will take some time to format it to pdf, but I will put it up as quickly as I can. Jasper - thanks for your post - this is part of our argument exactly - their "agreement" is an application form. They have sent a further 2 copies with the paperwork today and are STILL insisting its an agreement, and even commenting that we shouldn't need to ask for more copies as we have "commented on it" in prior correspondence - cheeky barstewards - yes we commented on it more times than I've had hot dinners BECAUSE its not a properly executed agreement! Also at the very back of the paperwork is a "statement of account" from Link MINUS all the interest they have been adding, and saying that we can pay them in full now by cash or cheque or phone them to come to some agreement!!!!!!!!!!!!!! Please can you guys have a look when I post it all up? and let me know what to do next if poss. Thanks in advance. Love S.G.
  13. Oh btw we've been through everything but can't find any Default Notice so shall we wait to see what comes back??? Hubby can't remember getting one and I feel sure I would have kept it.
  14. Hello again Elsa & all Well we've had another letter from Link today - advising us of their "litigation fee" (have scanned it in). Seems they have a Litigation Manager - is that a new word for a Solicitor then?? Their fee is included in the total claimed on the claim form so I wonder how they are not going to charge interest on it!!!!!!!! Meantime the letters are going off today and I just wanted to take this opportunity to say a BIG thank you to you Elsa for all your help and advice so far I've rated the thread which (I think) gives you a well deserved pat on the back ... and I think this thread could help a lot of others who felt the way I did when I first came on - totally confused. Am feeling much much better now and in control again. I will report back the moment I hear anything at all! If anyone knows of a decent free PDF converter please can they let me know LOL. I've been round the houses using freebies but after the first one they want you to subscribe and I won't (hopefully) have to use it that often to warrant a subscription. Love SG x litlet.pdf
  15. Hi again Elsa Sorry to be a pain but I'm a bit confused now. There are no Solicitors named on the Claim Form. In the boxes it shows the "Claimant" as Link Financial at one address in London, then the "address for sending documents and payments if different" box underneath shows Link Financial at another address in Wales (which is where I have addressed my letter to), and then under that my hubby's details in the "Defendant" box. Also in the little boxes at the bottom right relating to the amount claimed it states the amount they say we owe them, under that the court fee of £85, but in the next box for Solicitors costs it has zero!!....so what do you think I should do? Love SG x
  16. Hiya Jogs The last payment on the account was sometime in 2006 if I recall. This alleged debt was one of several which, after joining CAG and getting advice, we disputed with the various creditors and sent off CCA request letters. Prior to this the Citizens Advice Bureau had been helping us and had suggested we make offers of a token payment to all of the alleged creditors to keep them off our backs. There were 11 or 12 altogether. With the help of CAG I then challenged them, because I was pretty sure some of them were not legitimate, and some alleged debts have since been written off as the companies involved have not been able to trace any agreements or paperwork. Out of them all, one was a legitimate debt (which we have since paid off in full) and another legitimate one I am paying off still....so it just goes to show how important it is to check things out!! Anyhow Link have been a pain in the backside because they have been repeatedly sending this 10 Minute Application form and insisting its an official agreement. I sent a "final response" to them back in summer last year but they have ignored it and now issued the claim. Love SG x
  17. Hi Elsa Whew....I'm cream crackered LOL! Have converted the files (attached) and below is a copy of my proposed CPR 31.14 letter (with the CPR 15.5 addition - thanks for that!) obviously with personal details removed; but if it reads OK please let me know and I will get it edited so I can post it tomorrow. Just got the SAR letter to do now! Love SG x 10MinAppForm.pdf LetterNOA.pdf
  18. Hi Elsa Sorry about the images - I will have another go with those. Meantime I have acknowledged service on line via MCOL and have prepared the CPR 31.14 request for docs letter. I can't find a letter asking for CPR 15.5 - do you have a link to one or do I include that request in the CPR 31.14 letter, if so, what's the exact wording? Many thanks again Love SG x
  19. Hi again Thanks for your help so far, we really appreciate it I don't recall us ever receiving a Default Notice or Notice of Assignment from Link - I tend to keep all official stuff and have a folder full of demanding and snotty letters from them, including one I found going back to 2008 which informed my husband that Link had been assigned the debt (have attached a scan of it). This doesn't mean we never did receive the official notices, but I can't recall seeing them. Date of issue of their claim is 19th October 2011. A scan of the 10 minute application form is attached for you to see. Thanks for your templates and information, I will have a good read and proceed as you have advised by first off acknowledging service and then sending the SAR etc. Back soon Love SG x
  20. Hi everyone Its been a while since I was on here but a little nasty has reared its head. Those devious bar stewards Link Financial have issued a county court claim form via Northampton bulk centre in a matter which has been in dispute with them since 2007 when I sent a first request for CCA letter on behalf of my husband. All we have ever received from them (and several times over in the past 4 years!) is a photocopy of a document called "The 10 Minute Application Form" provided by MBNA, and which Link are insisting is an enforceable credit agreement and we have been arguing is not. The form is a crappy photocopy and there are no terms and conditions, its also difficult to read in parts because of the poor quality of it. I know they have added lots of interest to this debt. There was never any PPI with it. My husband is on the sick at the moment and I don't want him to suffer any more stress so want to handle this on his behalf. I've been reading on here for a while to see if I could work out what to do for the best, but the legal situation has probably changed in 3 years since I was last on here, so I thought it safer to start off a new thread and ask you wonderful guys and girls for your help and advice? The POC from Link read as follows :- The claimant claims the whole of the outstanding balance due and payable under an agreement referenced XXXX and opened effective from XX/XX/03 The agreement is regulated by the Consumer Credit Act 1974, was signed by the Defendant and from which credit was extended to the Defendant. The Defendant failed to make payment as required under the terms of the agreement and by XX/XX/06 a default was recorded. As at XX/XX/07the Defendant owned MBNA Europe Bank Ltd the sum of XXXX. By an agreement in writing the benefit of the debt has been legally assigned to the Claimant effective XX/XX/07 and made regular upon the Claimant serving a Notice of Assignment upon the Defendant shortly thereafter. And the Claimant claims (1) XXXXX (2) Interest pursuant to Section 69 County Court Act 1984 at a rate of 8% per annum from XX/XX/07 to XX/XX/11 of £XXXX and thereafter at a daily rate of .99 to date of judgment or sooner payment date. Please can you advise me what to do first, and what letters to send etc? Many thanks in advance Love SG x
  21. Last time I mentioned identity theft and the fact I didn't know who they were so was not prepared to discuss matters by phone, the saddo offered to quote some of my personal details back to me so I would know he knew who I was .... I said that he could have found my personal details and be anyone...and he agreed that could be the case but it wasn't and I could trust him ....they are all total morons !! Love SG x
  22. Hi again !! You and me both everton2005 I got mine yesterday!! Creation have probably sent a "job lot" of no hopers to Lowell. I bet there are a lot more out there in the same position as you and I. I am going to ignore their introductory letter , and when they start with their usual threatening ones because I am not paying them, I will simply send them a "provide an agreement or bog off" letter - and let them go forth and multiply like all the low lifes before them Love SG x
  23. Hello Dive1082 I've subscribed to your thread, and just want to reassure you that you are in a good place now you have found CAG. You will get so much help and support on here. I too was at a very low point in my life when I found this site and had thought about throwing in the towel as you said - but then within weeks, with the help and genuine caring support of many lovely people on here, I felt back in control and not afraid of debt collectors any longer. If I can offer any advice I will do, but you've already had some great help Just one final thing - please don't worry about court. If you do end up having to attend - and its a big if right now - the court would only ever ask you to pay what you can afford as Sleepingdog has said; and any hassle you are receiving from creditors would immediately stop. Love from SG x
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