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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • FTMDave
      Excel/DCBL ANPR PCN - Appealed - 5minutes overstay - iceland gravesend

      By FTMDave · Posted

      I do disagree with you regarding one thing - we are not very good with letters or these situations and are slow on the uptake. So far you have stood up to Excel and their threats, immediately given us the information in the sticky, done loads of reading up to educate yourselves, learnt from the mistake of outing the driver so you'll know not to do so in the future, got on to the organ grinder to try to get them to call off their dogs, etc., etc.  Good grief - we wish everyone who came here would do this!!! Most people who get these invoices sadly think they have been fined and if they don't pay a drone from Ukraine will be diverted and will fall on their home (or some such vague grand apocalyptic threat) and they fold and give in.  You haven't.  Well done. Don't worry - you won't be paying a penny.  Although it will take some time to see off this vile company.
    • FTMDave
      PCM vanishing windscreen PCN - Royale Leisure Park - W3 (London)

      By FTMDave · Posted

      Spot on!  You learn quickly. Who cares if the case gets sent to debt collectors?  They have no powers.  All the effort you will have to put in will be to open envelopes - and then spend time laughing at their daft "threats".  No stress at all!
    • AllianceParkingHater
      Alliance Parking ANPR PCN (NTK now LOC) - Appeal Refused - 17min Overstay - Harlyn Bay

      By AllianceParkingHater · Posted

      I did ask them why, but seems they have more spare cash than we do .. ;-( .. I doubt their bank would even support a chargeback after a year has passed. Anyway I've constructed my first DRAFT Snotty Letter .. so here goes ..   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you had added. Shall we raise that related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding the ANPR entry / exit periods compared with actual valid parking periods. Especially with no consideration of the legally allowed grace periods and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the issues with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture more useless ANPR photos. We will of course be requesting “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Legal Counsel on behalf of the Vehicle Keeper.  
    • sprouting
      Moorgroup (Moorcroft?) on behalf of eBay

      By sprouting · Posted

      Hi,t I'm not sure if I'm posting in the right subsection but General Retail appears to be the closest to it I think... About a year and a half ago I got a new phone so I listed my iPhone 10 on eBay.  The listed stated 'UK only' and 'no returns accepted'. Considering I had had the phone for about 4 years, I myself was amazed that I had kept it in such good condition all that time - apart from being slightly scuffed around the charging port there was absolutely nothing wrong with it. It had the original box, its unopened original Apple cable, plug, and earbuds, and I threw in a case for it and It had always had a screen protector on it. Someone wanted it from Armenia, and I stupidly agreed to it.  She paid and I sent it off, fully insured. Not long after she received it, she sent a message saying it 'was not as described', so I asked to see photos of whatever was the problem.  She sent two photographs of the box.  Just the box.  I said I wasn't even going to consider refunding her unless she told me what she meant by 'not as described'.  I thought, if it's been damaged in transit, then it would be covered by the insurance. Anyway, she didn't respond at all, even though I had messaged her several times, so she opened a case with eBay. I have sold a fair few things of mine on eBay in the past buy had never had had anyone come back to me asking for a refund.  I got in touch with eBay several times by phone and by email, and found out they always side with the buyer, no matter what with their 'eBay Seller Guarantee'.  She had been told she could keep the phone and told me they would recover the money from me from my account blah blah.  So I unlinked all of my cards etc and changed my bank account to one that I never use with no money in it. My account got suspended.  I continued to try to explain to eBay that I had been scammed but I got nowhere. My account was permanently inaccessible by this point. I reported the phone stolen and the IMEI blacklisted but I'm not sure if that would make any difference being in Armenia, but it was all I could think of to piss the buyer off. A couple of months later I was contacted by email by a debt recovery company (I can' remember who now), to whom I explained I will not discuss the matter with them until I had received an SAR I had requested from eBay. As I could no longer access my account, I couldn't review the communication I needed to show I was not in the wrong. The SAR was produced but I was advised that the information I was looking for would not be included but I said I wanted it anyway.  There were so many codes etc. and hoops to jump through to access it, that even after trying whilst on the phone to them, I still couldn't get into it, so I never got to see it in the end.  I think they said they would send the code by post but they never did and I forgot about it after a while. I've just come across a couple of emails from Moorgroup, asking me to phone them to discuss a private matter regarding eBay.  I haven't replied or done anything at all yet.  The amount they are trying to recover from me is £200ish from what I remember. I know it's not that much but I don't want to pay the b*astards on general principle. I've had a lot of useful advice from CAG in the past about debt collectors but it has always been about being chased by creditors, I've never been in this situation before. I don't know what power they legally have to recover the 'debt', and most importantly, I am two years into a DRO, and the last thing I want is another CCJ to shake off if I'm cutting my nose off to spite my face.   Any advice gratefully received!!
    • leighb3ta
      Problem with The Sims on Macbook

      By leighb3ta · Posted

      Hi, I have the Sims 4 on Macbook. Over the last year I have paid for multiple add on packs spending a lot of money on them. I bought them all in good faith as my Mac met all the minimum requirements to play them. I have been playing happily for about a year and bought my latest pack just over a week ago. The games were all working fine yesterday. Then suddenly today EA released a new app to launch the games and this new app requires a MAC OS that my computer cannot use. Now suddenly none of my games are accessible and I am unable to play anything. They did not warn us about this change in requirements and if I had known they would be doing this I wouldn't have bought all these add ons as they are now all totally unusable. The games themselves have not changed, only their app to launch them and I can't afford to buy a brand new mac just to play. So my question is how can they change the minimum requirements after I have paid for a game? I agreed to pay for them based on the fact my mac met their requirements and was not informed when purchasing that this would be an issue in the future. I understand new games (like Sims 5 which is to be released next year) might not be compatible but this is a 10yr old game that they have suddenly made inaccessible due to their new launch app. Does anybody know if I can do anything or anyway to get a partial refund from them? Thanks   Here are their T&C... I can't find anything in there about them being able to do this so not sure what to do https://tos.ea.com/legalapp/WEBTERMS/US/en/PC/

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    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      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
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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Help with Link Financial

kimbo78

By kimbo78
in Debt Collection Agencies

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kimbo78

kimbo78

Posted
Posted

Hi - I am a newbie on here and had to join just to help put my mind at rest!

 

My partner has just had a note given to him from one of our neighbours asking him to ring 'NAME' on a London number - very weird.

 

Rang them, did not answer with a company name, just asking personal details - my partner did not tell them anything, not even his name.

 

I looked up this person's name on the web and found that it was Link Financial - my partner did have an MBNA credit card years before he met me - what should be our next step? We do not own our own home, and financially we are not in the greatest position.

 

:?

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saintly_1

saintly_1

Posted
Posted

Hi and welcome to CAG

 

This sounds like a fishing expedition until anyone contacts you directly I would file it under Ignore. If they contact you directly dont hesitate to post back and you will get advice :)

 

 

saint

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MARTIN3030

MARTIN3030

Posted
Posted

If it is what you suspect then they are in breach of Office of Fair trading debt collection guidelines.Keep a record of all this and any further attempts they may try.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 3 weeks later...
kimbo78

kimbo78

Posted
  • Author
Posted

Hi, many thanks for replying to me - I have kept and am keeping a record of all "contact" no matter the route taken by them.

 

Thankfully, the neighbour hasn't passed on any more messages, however, we have had direct contact twice now in the past couple of days by post.

 

The first was a postcard just asking us to call a name and then a number was given - no company details were on that. The second has been a letter from them on letterheaded paper. We now have a reference number and an account balance, which is over £2000 more than my partner's credit limit on the card he had years ago - so I dont know where they have this amount from!

 

Do I scan this letter and let one of you see the wording? They are asking for the full balance in the letter. They say it is due immediately.:shock:

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manchester1

manchester1

Posted
Posted

Hi Kimbo , Firstly how long ago did your partner have the card , and also have any payments been made to any body on this debt. If the debt was more than six yrs ago and no payments have been made then they can not chase it ( not that it will stop them trying ).

 

Manchester1:)

 

MANC 1

 

 

 

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kimbo78

kimbo78

Posted
  • Author
Posted

He got the card about 6 years ago, and was paying it normally to MBNA when the card was active. Then it must be about 2 and half years since he made a payment as (to cut a long story short) he was going through a split with his partner and financially he was left with a lot to sort out. He lost his house etc.

 

So the last time a payment will have been made will be then.

 

Do we need to send a CCA letter, as I keep reading posts on here where people are mentioning this quite often.

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saintly_1

saintly_1

Posted
Posted

Did the letter tell you who the original debt was too or are you just summising that that is who they are collecting the debt on behalf of ?

If its the latter then I would be tempted to ask them for proof of the debt with this letter

Dear Sir/Madam

 

Account no:

 

You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.

 

I/we would point out that I/we have no knowledge of any such debt being owed to (insert company name).

 

I am/we are familiar with the Office of Fair Trading Debt Collection Guidance which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I/we would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. In not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I/we would ask that no further contact be made concerning the above account unless you can provide evidence as to my/our liability for the debt in question.

 

I/we await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I/we look forward to your reply.

 

Yours faithfully

 

 

 

(Your Name) Print do not sign

 

saint

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kimbo78

kimbo78

Posted
  • Author
Posted

Yes, the letter does have the original MBNA card number as a reference, as well as a Link Financial reference number.

 

How should we respond to it?

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  • 4 weeks later...
kimbo78

kimbo78

Posted
  • Author
Posted

Hi, many thanks first of all for your help thus far.

 

Just wanted to let you know that we sent the letter using template 'N' to Link Financial with a £1 postal order so that they did not get our bank details from a cheque. We also sent it recorded delivery. This was on 28th May.

 

It is now 17th June and we have had no response as yet - do we need to do anything further? Or do we just wait for their response no matter how long it may take?

 

Any advice would be greatly appreciated. This is all new for us so apologies for needing to be lead through every step!!

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higgler

higgler

Posted
Posted

alright people? i'm new here

 

does anyone know what a letter fron link quoting section 136 of the law of property act 1925 means?

 

had a letter from them today about a debt i'm fairly sure i paid off 2 years back - that apperently i havent

 

cheers

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  • 2 months later...
kimbo78

kimbo78

Posted
  • Author
Posted
Hi, many thanks first of all for your help thus far.

 

Just wanted to let you know that we sent the letter using template 'N' to Link Financial with a £1 postal order so that they did not get our bank details from a cheque. We also sent it recorded delivery. This was on 28th May.

 

It is now 17th June and we have had no response as yet - do we need to do anything further? Or do we just wait for their response no matter how long it may take?

 

Any advice would be greatly appreciated. This is all new for us so apologies for needing to be lead through every step!!

 

We have received a response from Link regarding the request for the signed credit agreement.

 

They have enclosed a copy of the signed agreement, with the credit limit on there too. What is our next step? As I know there was a time limit you mentioned etc. Also, if we need to start making repayments to them, how is best to negotiate and are they able to ask for £2000 more than the credit limit of the original debt??

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  • 4 weeks later...
kimbo78

kimbo78

Posted
  • Author
Posted

Hi, I posted a thread back in May about my fiance's old debt with MBNA which Link had taken on.

 

We sent them your template letter requesting a copy of the signed CCA. That was sent to them on 28th May - we received a copy on 2nd September.

 

I then posted on the back of my old thread but had no response - hence this new thread being created.

 

What is our next step? The credit limit shown on the CCA is £2700, yet Link are demanding £4836!!! They are saying that we have breached clauses 1b and 8 of the agreements and are therefore demanding payment of the full amount by 9th October or further enforcement action will be taken.

 

We are not disputing the fact that this is owed, but the extra £2000 is extreme I feel, and we know by other threads on here that Link are difficult to negotiate with - how do we come to an arrangement??

 

We are getting married in 3 weeks time and can do without this worry - it is beginning to keep us awake.

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the main man

the main man

Posted
Posted

I presume you have received one of the many Default Notices that Link seem to have dished out en-mass?

 

It may be also wise if you could post up a copy of the agreement Link sent you to see if it complies with the CCA. You can upload them using Image hosting, free photo sharing & video sharing at Photobucket but make sure you delete all personal info.

Capitalism is the legitimate racket

of the ruling class.

Al Capone

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