Jump to content
  • Tweets

  • Posts

    • And as for “what if I get sick the last week” (or those last three days)......   well, you’d get sick pay. Would you go into your new workplace?   HMRC may not be bothered by 2 overlapping jobs of course, but if NHS CFS (counter fraud And security) noticed that either: a) you were claiming over-lapping sick pay for 2 jobs, or b) you were claiming sick pay for one job while well enough to turn in for the other: expect them to view at least one of the sick pay claims as fraudulent!   if you annoy your “difficult” manager : they might be difficult enough to highlight it for the local NHS CF specialist
    • Hello, Can someone advise if the attached is a valid charge please?  I had parked in the car park and paid but then got delayed and have ended up with a ticket for parking longer than I should have done.   I know they will refuse the appeal but is this charge enforceable?   Charge Notice.pdf
    • The dealer is called Carwise in Epping. It's not the most established of premises. When i was there i'd say there was about 10-15 cars inside and an office. I've seen these reviews of them which seem to replicate my experience. https://www.cardealerreviews.co.uk/dealership/hr-autos-epping-essex-england (note previous name). It's quite worrying.    
    • To me, it isn't just about social distancing and hygiene measures. I'm far from the first to say it but until there's a reliable track and trace system, I don't think this can be managed properly.   Children may not suffer as much as adults, although some do, they can be asymptomatic and pass on the virus to the rest of the family.   https://www.walesonline.co.uk/news/uk-news/lockdown-david-king-second-wave-18739973
    • When will most schools actually re-open in September ?   And when they open, will they be providing teaching over the number hours 9am to 3pm  ?   I am thinking of the school I attended, which was a large Victorian building, with many modern extensions.  The classrooms which could accommodate about 35 Children elbow to elbow, will only be able to accommodate 20 at the most with any reasonable distancing.   Or does the whole class  of say 35 stay in a bubble and the teachers move around to teach the different subjects ?    I can see many schools opening later in September, not for all pupils for all days and not doing the full hours.   This is going to be very difficult to manage for all those concerned, including parents looking to return to work.     
  • Our picks

    • Curry’s cancelled my order but took the money anyway. Read more at https://www.consumeractiongroup.co.uk/topic/423055-curry%E2%80%99s-cancelled-my-order-but-took-the-money-anyway/
      • 11 replies
    • Father passed away - Ardent Credit Services (Vodafone) now claiming he owes money. Read more at https://www.consumeractiongroup.co.uk/topic/423040-father-passed-away-ardent-credit-services-vodafone-now-claiming-he-owes-money/
      • 9 replies
    • Currys Refuse Refund F/Freezer 5day old. Read more at https://www.consumeractiongroup.co.uk/topic/422656-currys-refuse-refund-ffreezer-5day-old/
      • 6 replies
    • Hi,  
      I was in Sainsbury’s today and did scan and shop.
      I arrived in after a busy day at work and immediately got distracted by the clothes.
       
      I put a few things in my trolley and then did a shop.
      I paid and was about to get into my car when the security guard stopped me and asked me to come back in.
       
      I did and they took me upstairs.
      I was mortified and said I forgot to scan the clothes and a conditioner, 5 items.
      I know its unacceptable but I was distracted and Initially hadn’t really planned to use scan and shop.
       
      No excuse.
      I offered to pay for the goods but the manager said it was too late.
      He looked at the CCTV and because I didn’t try to scan the items he was phoning the police.
       
      The cost of the items was about £40.
      I was crying at this point and told them I was a nurse, just coming from work and I could get struck off.
       
      They rang the police anyway and they came and issued me with a community resolution notice, which goes off my record in a year.
      I feel terrible. I have to declare this to my employer and NMC.
       
      They kept me in a room on my own with 4 staff and have banned me from all stores.
      The police said if I didn’t do the community order I would go to court and they would refer me to the PPS.
       
      I’m so stressed,
      can u appeal this or should I just accept it?
       
      Thanks for reading 
      • 16 replies
adelemichele

Link Financial

style="text-align:center;"> Please note that this topic has not had any new posts for the last 3323 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi

 

In 1992 (18 years ago) my Dad took out a credit agreement with First National. Unfortunately he

found it difficult to make the payments and it was taken to court, an 'Order by Consent' (not sure if this is a CCJ) was made and the court ordered him to pay a reduced amount of £1,736.32 (includive of costs) by instalments of £15 per month for 18 months and then to be reviewed. The court order is dated 09/09/96.

 

My Father paid £15 per month, increasing this to £20 per month (in the last year) for 9 years. This order/agreement was never reviewed by First National. He never received throughout the 9 years any statments/balances owing. In May 2005 believing he may have settled the debt, wrote to First National, asking for confirmation that the debt was satisfied. He did not receive a reply.

 

He then stopped making further payments and in 2009 he received a letter from Asset Link, this has now been transferred over to Link Financial (one of the same I presume), botton line is that they sent a statement showing he owed in excess of £21,000 (extorionate interest) but would accept a settlement of just over £4,000.

 

I have written to them and asked for, copy of the court order, original credit agreement, statements from First National, default notices and deeds of assignment. I have received a copy of the credit agreement only.

There is no dispute that he did have a credit agreement. The dispute is whether this has been satisfied.

He held the belief that it was.

We have postal orders showing most of the debt was paid, some have been misplaced.

 

My Mother thinks they may have owed about £90 and has stupidly confirmed this in a letter.

 

Is there anything we can do? My Father had major heart surgery this year and suffered a cardiac arrest, he is still recovering, I am afraid this will give him a heart attack.

 

Incidentally, my parents have lived at this address for over 20 years, so its no excuse they couldn't have resolved this sooner.

 

Any advice would be much appreciated.

 

Thanks

Share this post


Link to post
Share on other sites

so when was his last payment

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Moved to Debt Collection Forum


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

OK, firstly I think it would be ok to presume that your Mother wrote that letter 'under duress' so it is not automatically and admission.

 

Am I correct that nothing has been paid since 2007?

 

Personally, I would totally ignore them, open their letters as they arrive and only take notice if and that is a very big if they threatend Court Proceeding.

 

I am also fairly sure, that, having said that, as there is already a Judgement in place, they cannot issue further CCJs, and in any event, it would be the Original Creditor that would now have to take up the sword to try and enforce the CCJ. A judge would be extremely unlikely to allow this given the period the OC has been 'inactive' on this Account.

 

Others will be along but hopefully their advise will be similar.

 

Please tell you parents not to worry, keep on here for advice as things move (or not) along.

  • Confused 1

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

Share this post


Link to post
Share on other sites

It doesn't matter whether she admitted the debt or not if she isn't the debtor.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites
so when was his last payment

 

dx

 

His last payment was April 2005. He has just received a letter headed 'YOU HAVE BEEN SERVED A NOTICE' Asking him to call them, otherwise they will take court action.

They quote Section 136 of the Law of Property Act 1925, whatever that is.

 

He is very worried

Share this post


Link to post
Share on other sites
They quote Section 136 of the Law of Property Act 1925, whatever that is.
It's legal speak for they have been assigned the alleged debt.

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

She didn't keep a copy of the letter, but she thinks she put it in his name and got him to sign it.

Share this post


Link to post
Share on other sites

Are they legally bound to provide evidence that they have been assigned. I asked for the 'deeds of assignment' in January 2010, they havn't provided this. I also asked for statements and default notices issued by First National. I sent a £1 postal order. All they have sent is a copy of the credit agreement dated 1992. My Dad never received a thing from First National for the 9 years

from 1996 to 2005, the only thing he received from First National was a notification in Oct 2003 that they were changing their name.

Share this post


Link to post
Share on other sites

A 'Consent Order' is an agreement drawn up by a solicitor/court which sets out the agreement reached between you and the OC. If the terms of that order were him to pay a reduced amount of £1,736.32 (inclusive of costs) by installments of £15 per month for 18 months and then to be reviewed then nothing can change that... other than the court itself... & they certainly cannot add interest & charges on to it. Have you worked out the total payments made? Because given the length of time it is likely that they in fact owe him money.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

The most Link can do is apply to the court to enforce the original consent order, they cannot apply for a CCJ because the Consent Order in effect rewrote the original agreement, besides it would be Statute Barred anyway.

 

As I said above, given the length of time and the monies paid this should have been put to bed years ago.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Because of the length of time, he only has receipts showing he has paid about £1490, about a £250 shortfall. They can't find any more. Mum thought they might of been £90 short, but we can't prove this now.

 

The statement written by Link shows interest was being charged from 1996 when the court order was made. He paid £15 per month as agreed with the court until April 2005, when they wrote to First National for an up to date balance but never received any response, so assumed it must be settled by now, having made payments for 9 years.

 

According to Link's statement he owed £7527.79 in April 2005. They could not realistically pay this off. The interest payments were higher than their payments.

 

Link have continued to add interest up to Sept 2009, some 4 years after they ceased payment, resulting in a £21,000 final balance but are asking for £4,075, as a settlement if they are doing him a favour.

 

I'm not sure why First National did not review this as instructed by the court order after 18 months, but after 9 years I think it perfectly reasonable to expect the debt to be paid. They have been threatening court action on an off for about a year and he hasn't received a court summons.

 

This latest letter YOU HAVE BEEN SERVED A NOTICE' do you think he should respond. Should we offer the £90 to see if this can bring the matter to a close

 

I really appreciate all you help, thank you so much

Share this post


Link to post
Share on other sites

Does this fall into the remit of Statute Barred, as I wasn't sure, as he was making payments until April 2005.

I thought it had to be 6 years after the last payment or contact. Link contacted my Dad last year (2009)?

If it does should I write a letter to Link about this?

Share this post


Link to post
Share on other sites

payment not contact can only reset the 6yrs

 

if anyone is offering a 'discount' then that means one thing:

they cannot enforce the order or CCA and the claim is a bogus fleecing exercise.

 

ignore them

 

£4k for a £21k debt!!

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

Thanks for that, I'll ignore them. I was just worried, if it went to court, that by ignoring them, it may not reflect well

on any hearing.

 

I really can't thank you enough for all your advice. x

Share this post


Link to post
Share on other sites

Does your mother still have a copy of the Consent Order, if so is there any mention of interest? If not they cannot add any.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Yes, she still has the court order which reads:-

It is ordered that

All further proceedings in this action be stayed upon the terms set out in the schedule hereto and the parties be a liberty to apply for the purpose of putting the said terms into effect.

 

The Schedule

1. The judgement dated 20/01/1994 be varied in that the Defendant pay a reduced amount of £1,736.32 (inclusive of costs) by instalments of £15 for a period of 18 months thereafter to be reviewed. The first instalment to commence one month after the date of this Order.

 

2. In consideration of the Plaintiff accepting the reduced amount referred to above, the terms of the above Order will be in full and final settlement of all and any claim between the parties arising out of these proceedings and in respect of account number XXXXXX and trust the terms do constitute full and final settlement of any liabilities under Section 56 and 75 of the Consumer Credit Act 1974.

 

Dated 09th September 1996.

 

Not sure if this means that they can charge interest?

Share this post


Link to post
Share on other sites

Well you have it in black & white, there is no mention of Statutory Interest.

 

You can either ignore them or write back enclosing a copy of that order telling them that the a/c is settled unless they can prove otherwise.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

I'm in two mind whether to ignore them or furnish them with the court order. I don't think they have a copy. Do you think it might settle things if I send them a copy. I think they will still try it on.

Share this post


Link to post
Share on other sites

If you send them a copy you will be proving to them that you have irrefutable evidence to defend any action they're stupid enough to bring. Besides, in the event it ever went to court it will show in your favour when it comes to your application for damages for vexatious litigation + costs. :)

Edited by cerberusalert

Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

Thank you, I'll write to them and send a copy of the court order. :-)

Lets hope they stop harrassing him. x

Share this post


Link to post
Share on other sites

have you a copy of the original agreement par chance?

or do you know if it had unlawful charges levied agaibst him

or p'haps PPI?

 

cause if you can find those out, then he will be in for a BIG windfall on an A/C that age.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

Share this post


Link to post
Share on other sites

It looks as if Link are working on the original judgement & not taking into account the later 'Order of Variation', they haven't a snowball's chance.


Anthrax alert at debt collectors caused by box of doughnuts

 

Make sure you do not post anything which identifies you. Although we can remove certain things from the site unless it's done in a timely manner everything you post will appear in Google cache & we do not have any control over that.

 

Vir prudens non contra ventum mingit

 

[sIGPIC][/sIGPIC]

17 Port & Maritime Regiment RCT

Share this post


Link to post
Share on other sites

The credit agreement signed in 1992 was £2593.82 This included protected payments premiums. The interest is shown at 30% APR over 120 months. (2.19% per month)

 

After interest he was only paying about £10 off each month of the actual debt. I suppose thats why the courts re-adjusted the amount in which he had to pay.

 

I don't know if the above charges/interest was lawful.

Share this post


Link to post
Share on other sites

I hope that is the case, I am sending them a copy of the court order and am hoping that they will then back off and leave him alone, but they are very persistent. My worry is that they will sell it on again and the whole thing will start up again.

 

Thanks for your re-assurance. x

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...