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    • Thank you Dave, yes I have been reading a lot, but as you already mentioned mine is court one for some reason. Yes, the CPR request - printed and sent after completing the AOS online, as per dx's instructions.   And yeah the full timeline had me scrapping the vehicle and moving to new place in between the date of alleged contravention and receiving first "debt recovery" letters. To none of them did I respond as all of them said that I cannot dispute the charge as seen in the letter attached. 02/01/2020 - alleged contravention 29/11/2020 - scrapage of mentioned vehicle that I was still the registered keeper of and V5 had my address of the time on it since DVLA was reaching me and they had my details from them it should be correct 02/02/2022 - I move to my new place 18/01/2023 - first letter of debt recovery to my new address 21/11/2023 - letter of claim raised to county court Funny enough I never used that parking, so since I didn't see the pictures (the PCN or any reminder was never sent to my address in the first place, on the 18/01/2023 it was literally the first contact) I cannot even take a look whether it was my housemate as he sometimes borrowed my car, but then again I checked my emails and everything and on 01/01/2020 I was flying into the country back from holiday and was landing at Luton London Airport so me myself definitely had no business in Stansted area. I cannot even check for mercy period, whether that was actually my car or reg clone, nothing, as I never had that letter in my hands, sadly.
    • Good grief, this has to be one of the most stupid invoices issued for the most petty of reasons that we've seen here. What was the reason for your two visits? I ask as there may be the chance of getting the leisure complex to intervene.
    • Under UC there is no actual need to claim carers allowance, as long as you declare that you are caring for X for 35 hours per week and confirm they are in receipt of AA on the claim, they will verify you as a carer and you will then not be subject to the MIF, but will stil need to decalre your income and expenses each assessment period. This is because as a care, you are not expected to be available to work or have to look for work.
    • Yes, if you do a search on the forum you will see we have a lot of threads for this place.  It's basically a scam site. Yours is only the second case we've seen in years & years where they've done court though, undoubtedly because you'd moved and you didn't reply to a Letter of Claim. When you wrote "printed and sent" you did mean the CPR request, right?  
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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.

      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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Duplicate Defaults


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I have an ongoing issue with MBNA/LINK.

 

History is MBNA defaulted the account whilst I was reclaiming unfair charges and registered the default on my credit record. MBNA have since sold the debt to Link who have now also registered a default for the credit card.

 

The same default entry, with the same date and amount appear on my credit record (callcredit) from both companies.

 

There is a single entry for the account on Equifax with the same default date, but the default amount is for the current balance rather than the default amount.

 

How do I go about getting one of the defaults on the callcredit report removed? Do I deal with the OC or the DCA? Or do I go directly to Callcredit? Is there any template letters in dealing with this?

 

Do I deal with the incorrect amount on Equifax? Or just leave it for now?

 

Advice appreciated.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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I would go directly to call credit;

 

They should be able to see that these debt are the same and should dispute it with MBNA to remove their default since the debt has been bought by Link.

 

Ideally you'd want MBNA to admit it never defaulted and that the account was under dispute and should never have been sold on - which means your file would be completely clean - BUT THAT TAKES A LOT OF EFFORT

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Right, I have send a recorded delivery letter to Callcredit asking them to remove the MBNA entry. I have included the letter of assignment from Link as proof. I have given them 21 days to comply. Hope that will be enough to get it cleared up.

 

Interesting though, the post office have no record of the PO Box they advertise on their website.

Please note that I am not a solicitor or legally trained. The advice I give is from my own personal experience based on my own personal circumstance. If you choose to follow any advice I may give, please make sure you understand the implications of following that advice. :-)

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