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    • Thanks dx.    Would I not SAR Asset Link Capital as it was assigned to them in 2016 (according to the POC)?   To provide some context, I'm familiar with attending hearings etc and have fought and won a couple of battles.  I don't mind risking a couple of K in extra costs to give it a shot but I need to feel that there is at least a chance of success.   The card was originally an Egg card taken back in 2000 and then sold to BC who then sold to Asset Link Captial (no5) Limited.   When I did a CCA request to BC back in 2015, they provided reconstituted T&C's that post dated when I took the card out with Egg and a Credit Agreement for BC (which was clearly made up as the account was with EGG!).   Appreciate you are being careful to provide advice and not push someone to do something that could end up costing more money, I'm up for the fight though!
    • Public backs debt enforcement to support vital public services - survey | CIVEA View the full article
    • you wont get eric and that doesn't solve your problem as thats mainly to do with private parking set asides really as most judges now view PPC Backdoor CCJ with dissent and grant it regardless.    i absolutely hate link and paul burrell he built up a £1B+ empire of wealth solely by conning debtors into paying debts they mostly didn't even owe, but in this instance you are on very shaky ground.   me pers i'd not even debated it and i'd just gone for it win or bust. once you get the set aside it should be plain sailing.   but you came for advice and i can't not be truthful here.   the only otherway to better gauge you chances is to SAR Barclaycard , get everything they hold. that will show you the cards that Link will have to play with , they might well be pants.      
    • I have read everything about these cowboys but need a little advice. I was issued my fine on 9/12/19 but only received a dated letter on 11/01/20.   Ive had all the threatening letters from DRP and now Zenith and ignored them all. My wife was driving our car but yet its my dad who's getting all the letters as he's the registered owner. They managed to get my number and rang me today, I busted them for being the same company but the guy on the phone was super aggressive. I said to him Ive spoken to Trading Standards and they told me by law a ticket has to be issued within 14 days of the offence. But as you can see it was over a month, I said this to the aggressive dude on the phone who actually knew way to much about parking fines. So I think they are actually under the same umbrella as VCS also.   He was firing back that the law doesn't state that and I should look at 2012 laws or something and the DVLA, and it takes time to get my details from the DVLA to issue my charge????   Does this mean anything to anyone pls Regards   Stuart
    • Thanks to both of you, I've PM'd Ericsbrother.   dx - I wonder if you would be able to suggest a couple of hypothetical basic defences that you think would be valid  (just to see if it sparks any thoughts of a different approach I could take)?
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Hello,

 

Last July I had reason to question a debt collector's methodology of pursuing two debts, and for the purpose of clarity I will discuss one of those debts.

 

The original lender obtained a default Judgment against me in 2002 for £301.33 + costs which has been paid.

 

As stated, last year I SAR'ed the debt collector. In sorting through the bits and pieces I spent time looking at the documents which referred to the Judgment in 2002.

 

1: the Judgment was of the type "forthwith" and I had been paying by instalments.

2: the Default Notice had arrears of £548.80 (4 * £137.20)

3: the true figure should have been £411.60 (3 * £137.20) a 25% error

4: the agreement was subsequently terminated

5: the Judgment debt was £301.33 which should have been £164.13 a 45.5% overvalue

6: the Statement of Account does not show any of my payments, whatsoever.

 

During last year, I have had heated exchanges with the opponents solicitor who denies everything.

 

AS this happened in 2002 I am concerned about bringing proceedings against these people, because of time limitation.

 

I need to know:

 

a) Does the clock start from 2002, or

b) from the time I am made aware of the injustice?

 

What can I do to maximise my attack on these people?

 

 

B.

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What kind of proceedings are you wanting to pursue? What is it that you want them to do?Limitation Act 1980 Section 5 says that formal action cannot be taken 6 years after the cause of actionIt depends on what kind of action you want to bring. Defamation? money?

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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If they got a CCJ whether legitimate or otherwise then there's no SB limitation.

 

If the "default judgement" was faulty then you need to get a set asisde; Now if THAT works then the debt WILL be SB'd (2002).

 

The question a judge *might* want to know is why have you taken so long in contesting the original CCJ.

 

As for Interest etc I was under the impression that once a CCJ is obtained for Consumer Credit any debt UNDER 5,000 GBP CANNOT have interest or other charges etc added on AFTER judgement -- so another cause for complaint.

 

Cheers

jimbo

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Hi

 

I did not find out about what had happened until July 2009. This all became apparent on receipt of the Subject Access Request.

 

The CAB have informed me that in this case the time limitation begins when I first became aware of the incident.

 

On the back of an invalid Default Notice they terminated the Account and obtained a default Judgment which had an inflated Judgment debt.

 

On opening the SAR, I found that the money i had been paying (had paid) was not visible on the Statement of Account. This is why the DCA was chasing the debt.

 

I was unaware that a rescission of contract had occured and this destroyed my credit file for 6 years.

 

I want my money back and compensation.

 

I hope I am making sense.

 

B.

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Apply to set aside the original CCJ. You need to complete the N244 form and send to your local court, with the relevant evidence.

 

See the insolvencyhelpline guide on this.

 

http://www.insolvencyhelpline.co.uk/ccj-removal/index.php

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