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    • Please see below for an extract from the letter more about my case.    You have been convicted of two matters of failing to give driver details linked to two speeding offences and been disqualified in your absence. You confirmed that you did not receive the court documentation and the first you knew about the cases was on 3/6/24. As you can make a statutory declaration it is possible that we will be able to persuade the police to accept pleas to either or both of the speeding offences as they were committed within a very short space of time and withdraw the two fail to give driver details offences as normally if you plead to one or other of the speeding or fail to give driver details the prosecution will withdraw the other related offence. If successful you would not face a totting ban. In respect of the speeding offences, it could be argued they were committed on one occasion due to the proximity of the time and location and we may be able to persuade the prosecution to drop one of the speeding offences. You are technically guilty of all the offences because you accept it was you driving when the speeding offences were committed and that you did not update your change of address with the leasing company when it was your responsibility. If the prosecution will not withdraw the two failures to give driver details offences, you will face a totting ban but will be able to put forward an exceptional hardship argument. This may or may not go ahead at the court hearing date, so we need to prepare for all eventualities. As a safeguard we have lodged the appeal and applied to suspend your ban pending appeal due to the time limit for being able to automatically appeal without getting leave of the Judge. The court have dealt with the matter very quickly and have actually listed your matter for an application to suspend the disqualification pending appeal on the above-mentioned date. We could actually use this date to make the statutory declaration in court having explained the situation to the magistrates and then see if the prosecution will agree to accept pleas to one or both of the speeding offences as a way of resolving the matter without the need for you to put forward an exceptional hardship argument. It is possible the case would need to be adjourned so that we can make those representations, or the court may want to go ahead and hear the exceptional hardship argument. The outcome of your case is always at the discretion of the Court.  
    • Hi,    I will look over your case shortly.   I am sorry for the delay.
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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.

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Link Financial have done a mass mailing of Default Notices re: assigned accounts.


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Hi AC,that's what I'm wondering, if like banks, if they have to send a letter, for example, if they claim someone is in arrears with a payment arrangement, or if it's a LBA letter or whatever, then do they try to justify this by applying a charge on the account (in other words, an admin fee) - it seems from the printouts I have from Moorcroft/Egg that they have done just that - so wondering if Link or any others do the same, thereby increasing the outstanding debt. Magda

 

Personally, I have never experienced this but if it did occur, I would challenge these so-called admin. charges. What is good for the goose, is good for the gander, just levy the same charges on them for all the letters one has written to them, plus recorded delivery fees etc...

 

Link, to my knowledge, have not charged me any admin. charges, mind you they are like their soulmates, MBNA...very hard indeed to obtain responses!

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Personally, I have never experienced this but if it did occur, I would challenge these so-called admin. charges. What is good for the goose, is good for the gander, just levy the same charges on them for all the letters one has written to them, plus recorded delivery fees etc...

 

Link, to my knowledge, have not charged me any admin. charges, mind you they are like their soulmates, MBNA...very hard indeed to obtain responses!

 

Yes, quite so. It wouldn't surprise me with Link at all, but as you say, if that was the case, would be nice to return the favour and charge them in return - i'm sure sure we have all spent a small fortune on here sending letters to them. Magda

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"We welcome the OFT’s new approach to licensing renewal"

 

mmm... as if...

 

The eyes of the British Subject are keenly focused on the, how can I put it, goings on of certain ministers and MP's, as is the Queen...people are repulsed by the scandal.

 

AC

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Another OFT warning for a DCA – “Link Financial Limited”.

 

http://www.oft.gov.uk/news/press/2009/58-09

 

Interestingly, while the OFT Requirement refers to debtor tracing, the reference at paragraph “3” to the allocation to reduce an alleged debt by the £1 fee for ss.77 /78 CCA 1974 requests goes someway to recognise that such payments for statutory requests are not only to be accepted as such, they should not be understood to be any admission of an alleged debt by the making of a payment and consequently, possibly, extending the statute barred period for a disputed debt or other alleged debt.

 

As an aside; the recent practice brought to my attention of DCAs referring in correspondence to debtors as their “Customers” and providing statements of accounts without any payments showing as made is an insidious a practice as are the obnoxious parasitic DCAs.

 

Finally in update of the sickening practices employed by some DCAs; the 62 year old widow of a deceased friend of mine of some 30 years practising as a colleague who sadly passed away in February this year informed me by telephone late one evening last week that two burly debt collectors (she described them as “Bouncer types”) called at her home demanding £42 for an alleged unpaid E-bay account in her husband’s name. Upon the presentation of her husband’s death certificate, the “Bouncers” asked her to give them £42 plus their collection fees of £220. They very kindly offered to drive her to an ATM to withdraw the funds from the bank account that receives her State Pension, Incapacity and Widows Benefit. Such nice individuals don’t you think? Needless to say; my friend’s window rather astutely referred the “Bouncers” (from an unidentified company) to the Executors of her late husband’s estate.

 

Regards – Richard.

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Hi, The above doesn't surprise me, these companies are absolutely appalling. I just came across the following comment made on another site about Link:

 

"Link are debt buying parasites. The scour the dustbins of the financial services industry looking for tasty morsels. In reality they, like other debt buying parasites, will buy a parcel of accounts for a fraction of their nominal value. They won't be particularly concerned about the underlying paperwork. They will try to place the emphasis on their new "customers" to pay up or prove that the debt isn't owed."

 

That all rings very true as far as Link are concerned, and of course, many other DCAs. Magda

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got a solicitors appointment regarding this lot.

 

Paid off my CCJ (meaning charging order no longer valid)but they are tring to hold me to ransom so they can collect interest, even though they admit they can not enforce interest without going back to court!

 

Just spoke with manager who tried to tell me charging order was a seperate issue to CCJ, and for different amount I informed her she was wrong and that C/O was no longer valid once CCJ paid, she went off to check, came back and said letter confirming CCJ was paid would be sent. Told her I have appointment booked with solicitors this week.

 

You really would think they would check the legalities!! tehe:)

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Off topic posts moved to the following thread as requested AC :D

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200106-k-fraser-assoc-pj.html

 

If I missed any, please let me know.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Off topic posts moved to the following thread as requested AC :D

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/200106-k-fraser-assoc-pj.html

 

If I missed any, please let me know.

 

Thanks CB:)

 

Important we keep all members informed about everything, especially the lesser known DCA's covert tactics!

 

AC

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Hi, The above doesn't surprise me, these companies are absolutely appalling. I just came across the following comment made on another site about Link:

 

"Link are debt buying parasites. The scour the dustbins of the financial services industry looking for tasty morsels. In reality they, like other debt buying parasites, will buy a parcel of accounts for a fraction of their nominal value. They won't be particularly concerned about the underlying paperwork. They will try to place the emphasis on their new "customers" to pay up or prove that the debt isn't owed."

 

That all rings very true as far as Link are concerned, and of course, many other DCAs. Magda

 

:

 

They won't be particularly concerned about the underlying paperwork."

 

So it would appear!

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by Selina Burdell:

 

Selina Burdell, chief operating officer of Link commented: "We welcome the OFT’s new approach to licensing renewal which employs their powers to impose requirements. The OFT representatives and process in general were both professional and thorough, and I believe that this will undoubtedly result in higher standards across our industry as a whole. We look forward to the OFT’s updated guidelines on tracing which we believe are due to be published later this year"

 

Hmmm...

 

Yes, Mrs. Burdell but what about that mass mailing of default notices sent out to all and sundry at the end of last year?

The DN's bore your signature!

 

AC

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I tried to send a very important letter to Link as it is part of court proceedings, and although it was sent by RD, Royal Mail has failed to deliver it (no surprise there). Still showing as 'going through their network' Rang royal mail and they don't know where the letter is. I sent it to 5 Trecenydd Business Park, Caerphilly, which is an address I have used before. Does anyone know if it is better to send post to that address or the PO Box, if it is going by RD or Special??? thanks, Magda

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One other question, one of the other claims brought against us by Link has been struck out (some time ago). We received a letter yesterday relating to this account from Link stating that they were concerned we hadn't made any payments and might take us to court or get a charge on our property???? mmm... think they have already tried that one. The account, which they claimed was an old Debenhams account (GE Money) is now stated as being previously owned by Ford Credit Europe Plc, a company I haven't heard of before. Is there any link between the two. Magda

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I tried to send a very important letter to Link as it is part of court proceedings, and although it was sent by RD, Royal Mail has failed to deliver it (no surprise there). Still showing as 'going through their network' Rang royal mail and they don't know where the letter is. I sent it to 5 Trecenydd Business Park, Caerphilly, which is an address I have used before. Does anyone know if it is better to send post to that address or the PO Box, if it is going by RD or Special??? thanks, Magda

I sent Link financial a Recorded Delivery letter on 14th May 2009 and it was delivered the next day

 

Royal Mail generally do not take any RD's for PO Boxes so I sent it to their registered company address which was on the bottom of the letter (obviously Link would rather you send things to the PO Box as they can then deny receiving it)

 

The address I used was:

 

Link Financial Limited

89 Albert Embankment

London SE1 7TP

 

(I have checked and the letter was delivered by royal Mail and signed for the following day)

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I tried to send a very important letter to Link as it is part of court proceedings, and although it was sent by RD, Royal Mail has failed to deliver it (no surprise there). Still showing as 'going through their network' Rang royal mail and they don't know where the letter is. I sent it to 5 Trecenydd Business Park, Caerphilly, which is an address I have used before. Does anyone know if it is better to send post to that address or the PO Box, if it is going by RD or Special??? thanks, Magda

 

Could you not sent it by fax, that way you'll know that they have rec'd it;)

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I tried to send a very important letter to Link as it is part of court proceedings, and although it was sent by RD, Royal Mail has failed to deliver it (no surprise there). Still showing as 'going through their network' Rang royal mail and they don't know where the letter is. I sent it to 5 Trecenydd Business Park, Caerphilly, which is an address I have used before. Does anyone know if it is better to send post to that address or the PO Box, if it is going by RD or Special??? thanks, Magda

 

Better to send important letters to their Registered address in London;

send the letter special delivery!

 

Yes, one could fax a letter but caution here, as once Link have your fax number, they will bombard you...

 

AC

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One other question, one of the other claims brought against us by Link has been struck out (some time ago). We received a letter yesterday relating to this account from Link stating that they were concerned we hadn't made any payments and might take us to court or get a charge on our property???? mmm... think they have already tried that one. The account, which they claimed was an old Debenhams account (GE Money) is now stated as being previously owned by Ford Credit Europe Plc, a company I haven't heard of before. Is there any link between the two. Magda

 

 

 

Ford Financial Europe Home Page

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Many thanks GRH, Joemay and AC for the replies - I sent the letter to 5 Trecenydd Business Park as that is the address they give for all correspondence on the court claim form, I don't have access to a fax machine unfortunately, that would certainly be a lot quicker, so you are probably right and it might be better to send to the London Address - goodness knows what has happened to the RD letter I sent to Caerphilly, Royal Mail don't seem to have a clue.

 

Thanks for the above link AC, I did ring Link today and they said it is a mistake, and it was a Debs accounts, so just goes to confirm how unreliable their paperwork is doesn't it.

 

Magda

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Many thanks GRH, Joemay and AC for the replies - I sent the letter to 5 Trecenydd Business Park as that is the address they give for all correspondence on the court claim form, I don't have access to a fax machine unfortunately, that would certainly be a lot quicker, so you are probably right and it might be better to send to the London Address - goodness knows what has happened to the RD letter I sent to Caerphilly, Royal Mail don't seem to have a clue.

 

Thanks for the above link AC, I did ring Link today and they said it is a mistake, and it was a Debs accounts, so just goes to confirm how unreliable their paperwork is doesn't it.

 

Magda

 

Unreliable paperwork!

 

An understatement to say the least re: Link Financial...

 

AC

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Many thanks GRH, Joemay and AC for the replies - I sent the letter to 5 Trecenydd Business Park as that is the address they give for all correspondence on the court claim form, I don't have access to a fax machine unfortunately, that would certainly be a lot quicker, so you are probably right and it might be better to send to the London Address - goodness knows what has happened to the RD letter I sent to Caerphilly, Royal Mail don't seem to have a clue.

 

Thanks for the above link AC, I did ring Link today and they said it is a mistake, and it was a Debs accounts, so just goes to confirm how unreliable their paperwork is doesn't it.

 

Magda

 

Wouldn't worry about that, if you have proof of postage, I believe it would stand up in a court. Keep all these things to hand, including their envelopes...:)

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Wouldn't worry about that, if you have proof of postage, I believe it would stand up in a court. Keep all these things to hand, including their envelopes...:)

 

Many thanks AA, I've put the RD receipt somewhere safe, just in case. I re-sent the letter again yesterday as well, so here's hoping they actually get this one....

 

Magda

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Wouldn't worry about that, if you have proof of postage, I believe it would stand up in a court. Keep all these things to hand, including their envelopes...:)

 

I think so long as it hasnt been returned to the sender then it is assumed it has been delivered. A lot of these companies either dont sign or sign a block receipt, especially where PO boxes are concerend. It is very annoying when Royal Mail specifically suggest on their Recorded Delivery slips "Ideal for items that you might need to prove were received , like job applications or legal documents"

 

If they are not able to provide this service for PO boxes, then they should tell you at the PO counter IMHO.

 

I still have items showing on Track n Trace as not delivered when I have in fact had replies from companies :confused:

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I have not been able to obtain electronic proof of deleivery for several of my Link RD letters?

 

I have complained to Royal Mail, all they say it that I must fill up a form, P98 I think.

 

What is the point of having RD, if delivery to 89 Albert Embankment is not recorded?

 

Special Delivery however is recorded.

 

AC

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I have not been able to obtain electronic proof of deleivery for several of my Link RD letters?

 

I have complained to Royal Mail, all they say it that I must fill up a form, P98 I think.

 

What is the point of having RD, if delivery to 89 Albert Embankment is not recorded?

 

Special Delivery however is recorded.

 

AC

 

Sometimes AC. I get messages such as "We can confirm your item was delivered (Whenever)" but no signature available or " Your item was accepted at (name of post office) so according to that I can assume it is still waiting to be delivered ?

 

I have one SD addressed to a PO box for HSBC in September 2008.. that is, according to Royal Mail, still awaiting collection ?? what's that all about ??

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Uploading documents to CAG ** Instructions **

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2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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