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FTMDave

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FTMDave last won the day on December 22 2018

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  1. Good news, so you know they have no planning permission for their signs, which is illegal. Illegality = no contract with them. A first string to your bow. Also do as suggested by EB in post 9. Get on to the petrol station and point out you were a genuine customer, you stayed longer than the 15 minutes allowed in order to spend more money, and you want them to get the fleecers to cancel. This approach has worked several times in other threads. Try to be "nice" about it at first, if they won't cooperate then later you can threaten them with the legal consequences of getting into bed with these conmen.
  2. 15-minute limit, when they also sell hot food (and presumably coffee too). What are you supposed to do, munch the hot dog (and scald yourself) while driving?! Surely this is an unfair contract, never mind the 10-minute grace period and the various codes of conduct about not being predatory. Your friend won't be paying a penny, as long as s/he doesn't make mistakes in cooperating with these fleecers … the experts will be on in the morning to help.
  3. Never knew that. And I'm an English teacher!!! I thought it was a typo. Cheers Mrs O'Frog
  4. You would have thought that when Company A buys a debt from Company B, that Company B supplies the payment history. I mean, it's not difficult, it's not like they have to physically carry a hundredweight of files from office to office, they just have to forward some files on a computer! You're right to not give them a red cent. I know you're trying to make sure every eventuality is covered, which does you great credit, but the reasons the experts have said to ignore Link is because such dishonest companies will lie & lie & lie to get £££££ … so beware of their tricks. If this payment is real (I bet it's not!) they should have sent you the details a year ago.
  5. OK, briefly, my brother led a very disturbed life and died with over 22 grand of debts. In just about every case the companies who actually owned the debts, or their pet DCAs, e-mailed me copies of the original signed contracts and computer details of payments month per month. (I know the experts here aren't keen on e-mail, but this was a long time before I joined the forum and as I live abroad e-mail seemed the obvious way). I didn't have to ask, they just did it automatically, I assume it's standard procedure. In fact logically it can't be that difficult, just a case of clicking on a name on a computer and attaching the files concerned. That's what made me ridicule that Link are making you "await" details of payment. If the payment exists they have the details on their computer! It's like me saying I can't communicate immediately which sort of socks I'm wearing today or what I had for breakfast this morning.
  6. To me your starting point should be to understand what companies like Link are about. In fact you call them "Stink" upthread which is a good start. They send out probably hundreds of letters a week, without bothering to do any due diligence (which is why they wrote to a dead person despite having received a death certificate, twice) as a fishing exercise. People who ignore them get left in peace till the next daft letter. People who take their threats seriously and reply will be told every lie possibile to get them to cough up. And this is where you are at. Of course you had a legal requirement to tell them the debt was SB and to send them a death certificate, and I think you did this over a year ago. That was that, your legal duty fulfilled. How can you be "awaiting" proof of the debt? When my brother died all the companies concerned, even the useless DCAs, all immediately sent proof of debt. How difficult can it be to click on a file and send details of the debt? After a year? Methinks the debt doesn't exist. DX & EB have years & years of experience dealing with companies like Link. If they advise to ignore is it is because ignoring in countless cases over many years has led to a good result, while corresponding with these chancers has led to the opposite. There's little point in asking experts for advice and then doing the opposite. You've done your legal duty. Now is the time to ignore Link's rubbish, unless - they send you formal notice of legal proceedings, an LBA, which is about as likely as me winning a skiing race in Hades (unlikely as I can't ski) - they prove the debt exists, which should take an instant but they have failed to do in over a year.
  7. It's not a fine, private companies don't have the power to fine anyone. It's a spurious demand for money from conmen. I'm sure the experts will advise no communication with Trace, like any DCA. It's not their debt, so they can't take you to court, in fact they have as much power as the dead spider I hoovered up this afternoon.
  8. It's not too late! These are not deadlines set by a court. They are silly made-up dates by conmen who have no right to a single penny but are trying to bully you into coughing up. Send the EB letters in post 4 tomorrow and get a free certificate of posting for both from the local post office.
  9. It's not up to you to check, it's up to them to show the evidence. When my brother died and I was in your position all the various companies he owed money to as a matter of course always immediately sent proof of the debt. Otherwise I could just read the obituary section of the local newspaper this week and send letters to all the deceased people's families saying the dead person owed me £500. No way would they take you to court - it's not really their debt anyway - presumably MBNA sold the debt as they thought they had no hope of getting any money - the person who owed the money is dead - there are no assets - the debt is statue barred. Ignore them & their shenanigans.
  10. My experience is purely amateur. I did work in a solictor's office for a couple of months and in the legal department of a company for a year & a half, both way back in the 80s, but that's all. I understand how the court system works in an amateur way and have learnt a hell of a lot from the experts on this forum since I joined. I've never had a run-in with a PPC, but I have had with countless other would-be fleecers, and it invariably goes like this: 1. they threaten me with vast court costs, my son being sold into slavery, me ending up being hung, drawn & quartered, etc. 2. I ignore their rubbish or challenge them to do their worst. 3. Absolutely nothing happens. That's why I'm used to hearing about the silly threats which are usually from paper tigers. If you identified yourself as the driver it was a mistake (read up on the POFA law) so learn for the future, but don't panic at all, the experts will be on soon with lots of other ways to see off the charlatans.
  11. Don't worry, you won't be paying a penny. You can only get a CCJ if they formally threaten legal action through a LBA then take you to court then you lose in court then you still refuse to pay. You're not even at the first stage yet, so relax! Can you post your appeals up, obviously with your personal details redacted? It's important to know whether your identified yourself as the driver or not in these appeals.
  12. All you need is a free certificate of posting from any post office branch. Another to-the-point-classic by EB though!
  13. Because the PPCs were at a massive disadvantage legally as they never knew who the driver was, so they got a law passed - the famous POFA - which means under certain circumstances the driver's liability could be transferred to the RK. Look up the law and read it, you'll understand the rest. BTW, have you got on to Tesco? Yours is a clear case of double dipping and you have a good chance of getting Tesco to get the charge cancelled.
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