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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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    • I’m in desperate need of help
       
      I bought some clothes online in may through Evans and paid through PayPal
      returned them all seven days later
       
      I waited the 14days for my refund and no refund came
      I put in a dispute through PayPal but I didn’t get any emails to escalate the case - PayPal closed it. 
      evans said they couldn’t refund the money because PayPal have cancelled the refund because of the open dispute
       
      I contacted PayPal
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      I’m literally at the end of my tether and don’t know where to turn next !
       
      i suffer with mental health issues and this is affecting my health and I’d saved the money for a year to buy these clothes as I’m on a low income .
    • In desperate need of help. https://www.consumeractiongroup.co.uk/topic/425244-in-desperate-need-of-help/&do=findComment&comment=5067040
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I am taking someone to court for a loan that I lent her in order to pay her mortgage as she has refused to pay me back saying I gave her it as a gift. I have witness statements stating it was definitely a loan and have mobile phone messages confirming it was a loan. I also have a statement from her husband confirming it was a loan. She has no evidence whatsoever to say otherwise. We have been through mediation and that was no good as all she said was she would pay me back a paltry amount which would take fifteen years to pay back. Unfortunately I cannot use this in court as it is not allowed. What are my chances of getting judgement in my favour please.

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The judge will only allow her to pay back what she can afford in a 'reasonable' amount of time. If you have evidence / proof that it wasn't a gift then i'd say you would get judgment....

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Hi alex

 

On the face of it looks good, lots of statements etc. But then you go into the vagaries of county court, Judges etc it's difficult to say.

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I am taking someone to court for a loan that I lent her in order to pay her mortgage as she has refused to pay me back saying I gave her it as a gift. I have witness statements stating it was definitely a loan and have mobile phone messages confirming it was a loan. I also have a statement from her husband confirming it was a loan. She has no evidence whatsoever to say otherwise. We have been through mediation and that was no good as all she said was she would pay me back a paltry amount which would take fifteen years to pay back. Unfortunately I cannot use this in court as it is not allowed. What are my chances of getting judgement in my favour please.

 

You also need to consider that what the court will look at is her ability to pay.

 

If she can only afford to repay you a "paltry amount" then that is what they will award.

 

So you will have to way up the hassle and expense side of it aswell - If she can afford to pay - and you have the evidence - then it may be worth your while.

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Thanks for that advice it is what I expected the only drawback was the fact she would only be expected to pay what she could afford, but she has now put her house on the market and stands to make a substantial profit. Her husband also stands to make fifty per cent of that and he is my main witness so I think there is a good chance I will get the full amount when the house is sold. She cannot cry the poor tale when she has just bought a brand new car 60 reg. and is supposed to be destitute.

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You may not want to hear this but if she is adament she won't pay your chances of getting paid are very slim. If she knows how to do battle you may well be flogging a dead horse so be prepared for a marathon if you go through with enforcement.

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