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    • I have gone through nearly the whole sar return, it is very large. I am confident to say there is no mention of a default notice within it. 
    • Change Zoom to Online as Zoom is only one platform, and they might use another, it has become the accepted terminology, but best not to refer to a specific platform.  Otherwise looks good The rteal devil of Simon's claim is that he is trying to imply a contract that depends on a Prohibition for Consideration, And its one sided as the person he is binding has no benefit from the contract, apart from paying £100 for the privilege of stopping however briefly.  a nanosecond, a minute 30 minutes kerching that'll be £100 or else.  Simon has also invoiced cars stopped at a Zebra crossing with people crossing at an airport.
    • When she rang BT did she just "mention" about cancelling her Bb contract or did she actually tell them to cancel it?   I've just renegotiated my Bb contract with BT (I know they're useless but I can't be bothered doing too much work to look at any other provider) and I've managed to save money plus they are meant to record 'phone calls and I know (because I spoke to several different call handlers over two weeks) thatthey take very accurate notes of their conversations with customers.   She needs to find out if she actually did cancel the contract.  (I'm sure others will suggest doing a SAR).   Also what sort of contract did she have with BT?  Presumably it included Bb, mobile phone and Sky?  If the contract had just renewed, BT should have emailed her confirming contract details including duration, how to cancel and cancelation fees.  They've just done this for me for the contract I renegotiated two days ago.   EDIT:  It's not clear, but are you saying she's been charged £800 cancelation for Bb or are you saying shae hasn't paid them £800 she owes on her phone?   She ought to be able to look at her BT account online to see what she owes and how her bills are made up.  
    • I can ask the secretary. The mechanic does not wish to talk outside discussing work to be done.
    • i've been thinking this for a while regarding simon and these money making schemes that are not enforceable that he conned loads of seaports and airports to sign up to across the land whereby they already have byelaws covering the activity of motor vehicles upon their lands enforceable by a magistrate.   i think its about time we upped the anti another notch and we begin to stop referring to his signs as 'signs', but now use the term of 'advertising posters' and link that to dropping in the term 'after 10mins the driver by default is automictically enrolled in the moneymaking scheme'   these schemes are akin too... say a free sample of a face cream popup on facebook whereby one accepts the free gift, only to find that if you don't cancel within 30days you've automictically signed up at an extortionate rate, to receive a jar of the cream every month for a year.   just musing.   • The signage is prohibitive in nature and not a genuine offer of terms for parking for the motorist to consider. 
  • Our picks

    • 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
      • 1 reply
    • 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
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 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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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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