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    • forget CAB you might as well phone bt back as thats about as useless as they'll be.   you can't have a rolling 24mts contract', bt rolling contracts are month to month only, thats an industrywide accepted definition of what rolling means.   what happened here is she earlier changed her 'package' removing skt to reduce costs. as with all providers that invoked = means she entered into a new 24mts contract.   she latterly phone to cancel that contract, and thus bt charged her the cancellation fee/loss of revenue over the raining months of the contract.   the fact that she owes them 'this money' but didn't pay it, then entitled them sadly to cancel the mobile contract, which sadly again they allowed to do.   rock and a hard place if she wants to keep the same mobile number.   Or as long as her phone is not imie blocked by bt (in otherwords she purchased from BT under the mobile contract) but simply locked to BT (which is easily gotten around for a small fee at many shops/market stalls or if someone is tech savvy follow the guides on youtube to unlock the phone for an even smaller fee. and wack a new sim in it.   as for the £800 bill simply ignore them. they'll sell the debt on  and if anyone like Lowells or anyother powerless DCA debt buyer wants to do court, it's easily defended we've not lost one case like that here.        
    • The 1st 2 calls were the normal scam calls. get a truecall box   the PDC stuff you ignore their letter States our client three whom if you wanted too you deal with directly.   Until/unless whenever it gets sold on too and they eventually send a letter of claim you maintain radio silence    
    • hi all. bit of advice please. I had a Three contract up until November last year. At £11pcm for 24mths. Paid every month on time via their online portal. When I ported over, I received a letter from Three thanking me for being a customer blah blah blah.. It also said IF I owed anything a final bill will be sent. No final bill ever received - I get a phone call around the first week in December form an Indian sounding man who was extremly difficult to understand. Said he was calling from Three, and wanted me to confirm my details - something of which I didnt as something didnt sit right. He said I could log into my account and review my bill as I owed money and then hung up. After the call I thought I'd best log into my account just in case.  Couldnt log in. Account access denied. Logged on to chat - they said as I ported over and I was no longer a customer my access was suspended. Couple of weeks later I had another call from a local area number and answered again it was some Indian guy telling me I owed money, wanting me to confirm details. I refused and he said details will be sent out to me to my email on account and my home address as it was important. Once again nothing.. 15th Dec I received an email from PastDue in my name RE Three. Email stated they were contacting me about Three an I should receive a letter soon regards to this matter. Says about visiting their website.  22nd Jan another email form Pastdue. Stating they have yet to receive a response to the letter, and they had already sent me an email about this. We will continue to contact you until this matter is resolved. Again asks me to login. 23rd Jan letter received dated 13th Jan. Titled "We are here to help keep your Three Services"  Claiming I owed "Airetime Balance £201.43" and contract period was 26/11/2019 to 25/11/2020 States "We have been appointed by Three to recover the amount of £201.43. If you pay this amount in full Three may be able to waive the cancellation fee and reconnect their service for you" - what cancellation fee / re connection??? I ended the contract giving the 30days notice and paying the last bill.. Then the normal crap about its important to pay. If I'm experiencing difficulties etc. Now both December and  January Credit reports from ClearScore, Credit Karma, Credit Expert, Totally Money and Equifax all show Three as Closed and balance as Zero. (Date Satisfied /closed 17th Nov, bal 0, last updated 30th Nov) I've had nothing from Three. As far as I'm concerned I owe nothing as no final bill and no access to the portal. Should I email PastDue and do a prove it & attach proof of Credit Reports being £0 or do I do something else?  
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies

Link Financial & MBNA debt


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Hello all,

 

 

I've had a long standing MNBA credit card that I've been slowly repaying at ludicrous rates of interest for a very long time,

 

 

I was out of work for three months in the summer gone,

MBNA were very reasonable, froze the account for six months

 

 

when i got back into work they refused to agree to any sort of payment plan other than a capital sum

and essentially insisted on defaulting and selling the debt on.

 

So the seemingly rather notorious Link Financial have now invited me to call them to discuss options.

 

I've just posted the CCA template letter, along with £1 PO and a printed signature.

 

I'm a seasoned veteran of the happy time of bank charges so have the general gist although I'm a bit rusty,

I remember how good these threads were for keeping continuity but of course all good advice is welcome. The debt is a little under £10k.

 

Broadly speaking where is it likely to end up?

 

 

I can afford a certain amount of monthly repayment but a capital sum is out of the question.

 

Thanks

Micky

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You wait and see what link produce first. Meanwhile you sar the oc and reclaim

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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SAR the OC and reclaim. The autocorrect on my phone is terrible.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Non compliance with a CCA request means they cant enforce court action. They can only beg you to pay. You dont tell them they havent complied though. Link know full well that they have failed, they just hope you dont.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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only rarely and only on agreements post apr 2007

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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go get 'em!!

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I thought the courts now accepted reconstructed credit agreements?

 

A reconstructed credit agreement has to be based on a valid credit agreement;

it cannot be reconstructed on mere conjecture!

 

To correctly reconstruct the Creditor would have to hold copies of the original credit agreement inception T&Cs plus those T&Cs as varied under the agreement.

 

This is made quite clear in the Copies of Docs & Cancellation Notices Regs...

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Thank-you

 

But if they have whatever you originally signed then they must have the original document

and if they don't have the original document then what do they have to produce to prove an agreement?

 

(I appreciate you might say this is in the Copies of Docs and Cancellations Notices which I suppose I should read)

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If you want help, feel free to post draft letters here and pocs etc. Help will be forthcoming

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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posts from someone elses thread copied here to your own.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank-you

 

But if they have whatever you originally signed then they must have the original document

and if they don't have the original document then what do they have to produce to prove an agreement?

 

(I appreciate you might say this is in the Copies of Docs and Cancellations Notices which I suppose I should read)

 

 

if they have the original they must produce it

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Well yes but if they're allowed to reconstruct then that's the easy way out surely?

 

I recall getting one from someone, may well have been MNBA and it was a raggle taggle collection of photocopies and whatnot, with my signature on it somewhere, perhaps I might have given it more scrutiny at the time

 

Oh well see what come from this one, if nothing else it's going to put off la Link for w hile I suppose

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you are seriously missing the point.......

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites
I thought the courts now accepted reconstructed credit agreements?

 

Only to satisfy a cca request.

To enforce agreements from BEOFRE 2007 they need the original in court

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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this is what they need to adhere to in order to comply with your s78 cca request

 

http://fshandbook.info/FS/html/FCA/CONC/13/1

 

of course if they were to send you an application form ,which included the correct p/t's,along with the correct t&cs at inception and closure

 

and a simple statement of ac, then they would have complied

 

if the application form did not include the prescribed terms, then you would be looking at a s61 issue

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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  • 3 months later...

Hello all, I sent the demand for the CCA off as suggested not long after my last post, had the standard 'we need more time, about a month' reply and then it all went blissfully quiet and I started to think they couldn't find anything.

 

Sadly an envelope arrived last night with what looks like a copy of the original agreement with my signature from 2001, the copy just about legible and a rather spick and span terms and condition running to a dozen odd pages, I've done no more than skim through it and sigh, and I'm yet to read the doubtless splendid document from this site on what constitues proper compliance. I'll scan it all and upload this evening.

 

That was a short letter enclosed stating I owed 9.5k and was welcome to post them a cheque, yeah right.

 

Thanks

Micky

 

Here\s what I got in response to my CCA request. I can;t see any signature from MNBA bar what looks like some sort of stamp in the centre over the small print.

 

The first set of T&Cs with my address at the time of the application start at what I assume is 10 ©, at least one page seems to be missing. That's two pages.

 

The second set with my current address is 8 pages.

 

There was a covering letter and what looks like all the things I would have entered into an online application, gawd I earnt a lot back then.

 

Does a missing signature from them and a missing page of T&Cs (and any other T&Cs that would have existed between 2001 and 2015) make this invalid? I will read some other CCA threads, promise but grateful for any insdights

 

And given it took them four plus months to respond to the CCA request, can I now send them a SAR for some more time off?

 

Many thanks

Micky

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If opened before 2007 they will need the original to enforce in court.

 

SAR would go to the original creditor.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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attachment unapproved

remove bar codes and ref numbers.

 

please and put back up.

 

you were told to sar the oc in feb,:x

why did you not do so then?

 

 

this all could be dead if you'd done that by now.

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hello both and thanks

 

They'd need the original what to be approved in court? I appreciate this is all known to you but not to me, thanks.CCA or T&C, they both look to my inexpert eye to be from 2001, although the T7C is missing at least a page

 

As regards a SAR, at the time I was only interested in seeing if they could produce a valid cca, and the question now is whether sending a SAR might extend the time off from action by more months, this place, with all respect seems have become a little less polite than it used to be.

 

I'll edit the pdf and upload over the weekend, thanks for the non-approval, yikes and sorry about me, I thought I'd been careful

 

Thanks for the help to date, a lot of detail here that is new to me

Micky

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the sar is going to the ORIGINAL CREDIT

nothing at all to do with Plink and any action

or

even if they will or need to know you are doing it

none of their ruddy business

 

 

they are a debt buyer that tries every trick In the book to fleece people.

 

 

as said before, if this debt is pre Apr 2007, they'll need the original signed agreement

and the original T&C's in full

to even think about going before a judge and wining a defended claim.

 

 

wanna help pay for this...

 

 

http://www.homesandproperty.co.uk/property-news/news/millionaire-debt-collector-digs-deep-south-Kensington

 

 

if you've not been reading around

a dca is NOT A BAILIFF

and has

NO SUCH LEGAL POWERS

 

 

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hello again,

 

 

here's what they sent me in reply to the CCA, with anything resembling a code or barcode blanked,

apologies for the first effort and thanks for not letting it go up.

 

 

As said the original T&C, straight after the slips with me 2011 signature seem to be missing the first page at least,

and I can't see any signature from them,

 

 

there's something hard to make out in the middle of the slip signed by me but it looks like a date stamp of some kind.

 

 

And presumably those slips are tearoffs from a larger page?

Is that significant or can they stand alone?

 

Am I right to think that a CCA or a SAR puts the account into dispute, if so how will LINK know that if I send a SAR to MNBA?

 

Thanks for the help so far and please bear with my endless questions,

 

 

I do like to understand things.

 

 

Aye aye to who and what LINK are and are not.

 

Thanks

Micky

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