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    • Attention BANKFODDER   Thank you for this. I am sorry you don't have time read everything. I find your comment about my letters being ineffectual is rude and condescending and discourages us (consumers) sharing our experiences, ideas views on this forum.  Which i thought was the point of this forum.     Concerning my letters, emails etc.  At the start of claim i like to fish, and also point out the relevant law.  The fishing helps and often i find process errors - which strengthens my legal claim.  Pointing out the legal basis and expected resolution of my claim early (and getting ignored), will help me increase the quantum. ie a failure to act reasonably. Which judges take very seriously. This is because both parties are expected to mitigate the others losses by working "reasonably" toward settling the dispute.    For example: Packlink wrote this - "Take into account that this type investigation requires the coordination of the different participants involved (driver, depot, warehouse, carrier's local offices), so it might be necessary to wait for a response from the different parties involved before being able to provide you with an answer" and said this can take up to 30 days. Hermes/Packlink responded in less than a day with standard copy and paste email.  Investigating the loss of a parcel is part of the service provided by Hermes/Packlink, and failure to do this with reasonable care skill is another breach of contract and strengthens my claim.    ***********   Lastly, i am interested to hear from others re the use of unfair contractual terms to discourage and put off valid contractual claims. Worse the fact they deliberately train their staff to believe this is law, and they happily mislead customers.  I have experienced this with Apple, Amazon, Hermes etc, etc. and it is getting worse, because helps to swell the companies profits. For consumers, it simply adds insult to injury.     I also believe misrepresenting the law to deprive others may be a criminal offence. If that is case, and others are getting as fed up as me as having take delinquent companies to law, to recover compensation, there may be an opportunity to get regulators involved.  For example ASA might be interested - because they are effectively trying to make you pay to cover yourself against the their breach of contracts.    Now if you want to help, please do so, otherwise let others contribute   Thank you       
    • What does the order that you posted in #46 say?   (I suspect that FTMDave may be suggesting that it would be preferable to have it all complete today so you don't have to run around like a headless chicken tomorrow.  I assume he has a day job that he has to do tomorrow).     Look simeon - I'm sorry, but how the hell would we know where they need to go?    I thought you had already sorted out the piling receipt and which attachment it was?    Where has the rubble truck come from and why haven't you mentioned it before?    Are the amounts for the rubble truck and the roofer already included in the £16577 you are claiming?  If they are, then haven't you already included them in your breakdown of the total and your attachments?  If they aren't already included and are still to be added in, then that means that you are claiming more than £16577.   I can't explain it any more simply than I have done already.  If you just cannot understand or assimilate what FTMDave and I are suggesting, then we really can't help you any further...     =================================================================================================   I would honestly suggest that you spend an hour re-reading and understanding some of the more important posts on this thread.   I think they are #105, #113, #120 and all the posts after #120.   THEN, you need to do what FTMDave suggests in #131 (having read and understood the posts noted above and reading #131 in the light of that understanding).   OK?  I'll look in after 5pm...
    • Afternoon    my three final bill is £35.78 i received a notification that the account on my credit report is settled. Surely it needs to be paid first before it’s settled
    • I did. But I have a problem with my laptop I think because it keeps using my info somewhere in the background even though I only ever use her name etc. I think it remembers me from an old case.    also, whenever I use the government gateway I get problems as it keeps using old logins from other people who I’ve helped in the past with tax returns. I’ve tried clearing cookies and  browsing history but it keeps happening. Eg I put in a gateway code and password but it shows as error because the password doesn’t match the code it’s decided to use. It’s driving me nuts. 
    • Thanks dx 100uk,   Just so I’m clear,   1. I should first send email to bailiff saying x2 previous PCNs for same street went to tribunal & I won , this one I never received any correspondence so could not defend it else I would have & will now be defending it?   2. email the council tell them similar thing , send them tribunal decision of other two?   I need to get confirmation alleged contravention fir this PCN . How should I do that in terms of getting the council to release those details to me?   thanks
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Link - Letter Before Action - Advice please


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Hello Fellow CAGers.

 

I've been quietly battling away with DCAs and helping one or two other people with their fights too.

 

I've recently received at LBA from Link saying I've two weeks to pay up or they will start court action etc...

 

This has come as a bit of a surprise as they were sent packing over 12 months ago. No CCA just a virtually unreadable photocopy of an application form (the only bit of the paperwork they sent that was readable)

 

I realise this may be the start of a mass mail out by an organisation (term used loosely!) that is just pushing its luck but my question is. Should I write to Link and remind them of my previous correspondence of 12 months ago that they haven't supplied an agreement or do I just wait and see what happens?

 

CP

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Hello Fellow CAGers.

I've recently received at lbalink3.gif from Link saying I've two weeks to pay up or they will start court action etc...

This has come as a bit of a surprise as they were sent packing over 12 months ago. No CCA just a virtually unreadable photocopy of an application form (the only bit of the paperwork they sent that was readable)

 

I realise this may be the start of a mass mail out by an organisation (term used loosely!) that is just pushing its luck but my question is. Should I write to Link and remind them of my previous correspondence of 12 months ago that they haven't supplied an agreement or do I just wait and see what happens?

 

CP

 

Link will 99.9% certainly issue a Northampton BCC claim, whatever you do, whatever the previous circumstances. How old is this debt? When did you last pay / acknowledge it? These people are now without a doubt the biggest [edited]in the debt purchasing circus. However they can and are being beaten with a bit of professional legal help. I'd PM Pt2537 for advice here.

Edited by payingonlyencouragesthem

"Why CCJ when you can CCA!"

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Hello Paying...

 

They failed to supply a CCA two years ago at which point it all went quiet, then 12 months ago a generic letter/threat-o-gram then nothing until last week with the letter before action.

 

I still have all the paperwork filed away, seems I'll be blowing the dust off very soon!

 

CP

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I think a letter along the lines of....

 

Despite having sent a request....blah blah, you have not sent me any legible copy of my agreement.....if it is your intention to issue a claim, then when it comes to the matter of costs...etc I shall show the judge this correspondence...

 

I trust this makes my position completely clear...

 

And please report them to the OFT....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

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Hi 42man,

 

I was thinking of a letter along the lines you suggest or simply write saying please refer to my previous letters of xx/xx/2009 and xx/xx/2008 etc.

 

Or do I sit tight and wait for the post in about 10 days time with paperwork from you know where! As Paying... suggested there's a good chance it will arrive.

 

CP

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Reply as 42man suggests - it will at least show the court that you have tried to sort the matter out without resorting to litigation (rather than totally ignoring the claimant which 90% of people do) - this will certainly mitigate in your favour and may even cause Link to think twice about going any further with this.

"Why CCJ when you can CCA!"

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