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    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
    • Hold on @BankFodder, that was a bit harsh. I spoke with the EVRi complaints Facebook group to begin with, a user on that group told me to send a letter but didn't give any specifics. Here at CAG, I was looking more for specific help as I've never raised such a claim before, and wanted to be sure that my claim was correct, which is why I've researched information with the other groups too, to be sure; but you seem to have assumed that I've made some form of contact with the other groups, such that I find your comments and tone to be very unfair. And I do know a thing or two about forums, that forum users are unpaid volunteers, I happen to be a Tableau Ambassador, and so perform a very similar role helping others in an unpaid capacity  
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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.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Tomlin Order from Link Financial


MikeHH
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I have just received a Tomlin Order from Link Financial. They said they were taking me to court for an MBNA credit card debt of £1500. I asked for a true copy of the CCA from 2006, which they sent me. Oddly, where it should be signed by myself and MBNA, there are no signatures on it. The Tomlin order asks me to pay £2269 over the next 18 years, this includes interest and fees. Is this whole thing legal? :noidea:

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Tell them you will not be signing this, if at ANY time you default on the agreement they can chase for the whole lot again via court, regardless of what you have paid. I would contact the court and ask for a mediation hearing.

 

Tomlin orders are becoming the next thing after charging orders have been queried on debts under a certain amount.

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Firstly good advice from SG.....Mike, send your letter from Link to the Office Of Fair Trading, sending this to you before any court action has been taken is oppressive and it hopes to exploit your lack of knowledge of the legal system - The OFT make it quite clear in their guidelines.

 

b. leaving out or presenting information in such a way that it

creates a false or misleading impression or exploits debtors'

lack of knowledge

d. unnecessary and unhelpful use of legal and technical language

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MikeHH

 

Please take some sound advice. DO NOT UNDER ANY CIRCUMSTANCES ENTER INTO ANY FORM OF CONSENT OR TOMLIN ORDER. Once signed they are difficult to overturn or get out of. There is very limited grounds for a County Court to overturn it. I know of someone who has got into unnecessary extensive litigation to get it overturned. It is tantamount to a ball and chain for the next 18 years. Avoid at all costs. If you default on it, they can enter Judgment at any time. A V O I D !!!!!!!!

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Just send it back with this

 

"I am not going to sign any Tomlin order, if you have a good enough claim against me then I wish to be able to defend myself properly.

 

Goodbye"

 

Don't get into any legal arguments with them and make sure that you keep a copy, no need to put Without Prejudice on it.

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  • 3 weeks later...

Today I received a "Notice of Transfer of Proceedings" moving this to my local court. Also enclosed was a "Small Claims Mediation Service" form which claims to be a free service. But on the form it asks if I have attached a fee. I am a bit puzzled by this as it states: "An allocation fee is payable if your claim or counterclaim exceeds £1,500" I am not making a claim or counterclaim.

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Today I received a "Notice of Transfer of Proceedings" moving this to my local court. Also enclosed was a "Small Claims Mediation Service" form which claims to be a free service. But on the form it asks if I have attached a fee. I am a bit puzzled by this as it states: "An allocation fee is payable if your claim or counterclaim exceeds £1,500" I am not making a claim or counterclaim.

 

this is a "one size fits all" form, for claimants, counterclaimants and defendants and as such only the applicable parts should be heeded, as you are not bringing a claim, nor a counterclaim, then you have no fees to pay. it asks if you have attached a fee in regard of any other matter, not the mediation service

 

The mediation service is free

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Last week I received an "Allocation Questionaire" which I filled in and returned. Today I received a copy of Link Financials Allocation Questionaire which says that they "would request that the Defence be struck out and Judgement entered for those sums claimed". What does this mean? And, after repeatedly explaining to MBNA and Link Financial that I have been unemployed now for four and half years with my only income being housing benefit, I am surprised that they are taking this to court. They are hoping to get £2260 from me, What do they expect to achieve when I have no money?

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Hi Shadow, I am not sure what you mean by "embarrased". I have simply told them the facts. Unemployed for 4 and half years, no savings, no saleable assets, unable to find suitable employment due to health reasons. I have told this to MBNA and Link Financial repeatedly, but they are still taking me to court.

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Hi Shadow, I am not sure what you mean by "embarrased". I have simply told them the facts. Unemployed for 4 and half years, no savings, no saleable assets, unable to find suitable employment due to health reasons. I have told this to MBNA and Link Financial repeatedly, but they are still taking me to court.

 

Ok, well thats not really a defence but rather mitigation imo. A defence would be either something amiss with the agreement or the amount they are claiming etc.

 

As to your question about allocation questionaire, they are asking for a summary judgement against you, this is because they say your defence holds no reasonable grounds and the court should strike it out.

 

S.

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