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    • you need to ring northants bulk and ask for a copy of the judgement and the claimform by email pdf. it is quite usual for them to not have a copy of the claimform. so you need to record the call and ask them to read out the particulars of claim and the address it was sent too.     old wives tales , if you have a debt owing that shows on your credit file or you know exists from say the last 7yrs you should NEVER move without WRITTING to the debt owner with your new address. never run from debt which falls within the above .     all mortgage style SLC loans that were not deferred with erudio following the gov't sale in 2013 and that did not have a court claim raised within 6yrs are SB'd.   drydens simply did this because they wrote to your old address, got no response, and knew they'd get a default roboclaim CCJ where no human checks anything.   shot yourself in the foot.      
    • yep.   if all these are still owned/with the original creditors and you are not paying any powerless DCA's  then little point in any CCA requests at this stage unless any (non OD A/C's) are say pre 2000 opening.   our pro rata letters are the way to go you'll find those in the debt collection section of our library.   get any income payments on going or otherwise moved into a parachute A/c.   it is most probable that whatever you do most A/c's will be defaulted once this is done if not already. bearing in mine your wish to re mortgage or move in a future, it is most probable that the quicker you do default , the earlier a DN will be registered thus the earlier these will not show following their 6th birthday. this might involve you thinking about stopping all payments now ensuring this does happen, then resuming payment under a pro rata scheme self administered , once this happens.   just be aware that no DMP providers will ever question enforceability, should that be relevant.     
    • LL would have Absolutely no chance of getting the smart meter changed back.....
    • slow down ...read what i'm asking , stating and trying to clarify.. it all might seem useless or totally irrelevant but it's important information moving forward with the whole situation and useful in the SPC claim moving forward     there was not 2 loans - the litigated OD is not a loan but it appears from your comment here..     sorry but then you did get scammed on many fronts... they allowed you to settle the loan exploiting your confusion over thinking it was the litigated account. they didn't tell you either and they would also have been aware of your statement filed response form:   The respondent had a junior account with the Bank of Scotland since a young age.  The Bank of Scotland offered the Respondent a loan of around £2500. This Respondent serviced the loan until losing her source of income and ran into some financial difficulty resulting in defaulting in servicing the loan.   they settled for a discounted sum... why? we usually find this is because they hold no enforceable paperwork at all. or was full of charges , charges could have been the discount or it could have been due to 'a business decision' ...   but sure as eggs is eggs there is no way 1st credit would not have raised a court claim for both the OD and the loan unless there was a very good reason. they didn't that smells...badly.   OD 's are notoriously difficult to litigate upon if defended properly...but with a loan in the same claim, with enforceable paperwork, they would have almost been guaranteed to win.   it's also a shame you didn't come where before you did anything but we are where we are.   now the above might seem harsh..even petty but our posts are not only for you and your issue they are also for future readers that find us via search engines or read like threads here alerting debtors to frequent pitfalls and innocent wet myself actions many do that all these dca's will and have exploited time and time again over the last +40yrs .   i'll try and get around to properly redacting all your pdf's tonight and get them back up. but before i finish and get on with the above........the status of the claim as it stands now.   From what i can gather the claim now hinges upon proving her ex at the time settled by a discounted payment to HBOS well before the sale to Intrum and the SPC Claim.   In all honestly and with regard to your comments in your previous posts upon his character, i seriously doubt this ever happened. the disclosures from Intrum contain all the OD statements , should that have happened, it would be detailed in those.   there is little point in the claimant hiding that info as they would be in far more legal trouble should they have doctored them than insuring a mere +£1k claim win. Even 1st credit wouldn't pull such stunts.   Sorry but there is little point in requesting HBOS to attend any future hearing, nor hoping the SAR shows anything different to the statements the claimant has disclosed . That will cost you more money , and more money in terms of the claimant attending another hearing.   there is one exploitation i see. that being the mention of a default notice. the claim states:  The respondent fell into arrears under the Finance Agreement. A Default Notice was Issued by the Original Creditor .   now default notices are not issued for OD A/C's (which ties in to the possible loan confusion and scam settlement i mentioned) . This tallies with a common mistake that many DCA's, including why i keep mentioning 1st credit, which is the previous name for Intrum, made on numerous claims and was one of the reasons for the name change. To Hide that They lost many Statutory Demand and court claims over the non existence of a DN or proof of it's issuance by the OC (a DCA can't issue a DN) .. No copy of a default notice is fatal to to successful  litigation.   even though in this OD case one was not ever needed. (Poor particulars of claim showing copy and paste, and never expecting a claim to be defended but responded to by a wet themselves response , which you did by settling a loan which you believed was the claimed debt when it never was)    other than that you indicate you made an OOC F&F offer in 09-20  have you advanced this option since ?   dx
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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
      • 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 / IDR Finance UK II Ltd / MBNA


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Hi everyone

 

I hope I've posted this in the correct forum as I'm back again just looking for advise and general pointing in the right direction.

 

I've received a letter (PDF attached) and presume at this stage all I can do is send a CCA request to Link?

Do I send a SAR to Link and MBNA or just to MBNA as they were the original creditor?

 

Regards

Suss

Link.pdf

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you already sent MBNA an sar on your other MBNA PRA thread

 

when did you last pay Plink?

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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Hi DX

Thanks for the speedy reply.

 

(The MBNA PRA thread was a different card which was my wife's but it was easier to talk about it in the 1st person tense. I hope I didn't cause confusion or problems doing it like that?)

 

This one is mine and I checked my credit file on Equifax this morning and it shows that the card was taken out in 2002 and a default issued in July 2012.

I have a letter from Link dated the 8th October 2012 that they were "assigned" the debt on 26th September 2012.

I have "buried my head a bit" and haven't paid Link anything in that time.

I have had the odd letter from them and annual statements.

 

Suss

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have you moved since taking this card out?

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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but since then you've informed MBNA and or link of your new address in writing?

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

Yes, MBNA have been informed of my current address and there has been correspondence between myself and MBNA at this address before they sold it onto LINK.

Link have only written to me at my current address as this is the only place that I have lived at since I have had any dealings with them.

 

Suss

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so your last payment or use could well have been several months before the default

so could be approaching the statute barred date

hence link wanting to spoof you into paying pretty quick.

 

no harm in ringing MBNA and asking last payment date

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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Hi DX

 

I haven't managed to ring MBNA yet but I have just checked my credit file on Experian and it shows AP (arrangement to pay) for most of 2011 and up to June 2012.

Last payment according to Experian was in May 2012 as the payment amount in June was £0.

The box for July 2012 has a D in it and status says Defaulted Account.

 

So, any advice on where to go from here if possible please?

 

Regards

Suss

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is there a defaulted date in the debt summary

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

great so the account will vanish from your file on the defaults 6th birthday regardless

 

is this the only recent letter

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

The last thing I received from them was a "Statement Of Account" with a "Notice of Sums In Arrears" at the bottom of the page in September 2017.

Before that was the same but that was dated March 2017.

 

In February 2017 I had a letter saying that

"We have not written to you for some time as have had to validate your address" and they "Would like to speak to me" etc.

 

Then September 2016 I had another "Statement of Account".

 

Just looking through the paperwork I have from them

I seem to get a statement from them in March and September and a letter saying "please call us" in between the statements.

 

Suss

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so plink up to there usual tricks

we have to validate your address...total BS just trying to entice you to talk on the phone which you should NEVER EVER do with a DCA

DCa's like link will threaten and intimate anything over the phone to frighten you into payment

that if they put in a letter they'd be struck off the register by the FCA etc.

 

all the statements/notice of default sums etc

are because they think they can charge you interest on this.

 

they cant I bet MBNA terminated the account before sale in? june 2012

 

so you've not paid plink anything

all the payments weer to MBNA direct

then when the sale happened the payments stopped.?

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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Nope. Nothing has been paid to Link and all payments were direct to MBNA.

 

The figure seems to be the same as what MBNA said it was when it was sold.

 

I think the account was terminated by MBNA in August 2012.

 

I got into financial difficulties before then and I think I was paying a reduced amount to MBNA before it went to Link.

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so roll on next august then it'll be SB'd

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

Yes, that's what I was thinking too.

 

In the meantime as their letter states it will be passed onto Kearns Solicitors, what's my next move?

 

1 : Do I wait and see if it goes to Kearns and see what they do (issue court proceedings)?

2 : Do I SAR MBNA so I've got information if they do No.1?

3 : Do I CCA Link and see what I get from them (if anything) or do I leave the CCA until No.1?

 

Suss

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kearns are just the next desk with a diff bloke in a diff coloured skirt

he uses the same printer and probably the same auto threat-o-gram PC .

 

SAR is a must get prepared.

 

I gather you've never responded to link ever?

 

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

Hi DX and thanks for your reply.

 

I'll get a SAR off to MBNA.

I don't recall ever speaking to Link and I have no recollection of writing to them, so I am pretty sure that I have never responded to them.

I know I keep asking but do I CCA Link yet or wait and see what happens?

 

Suss

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SAR mbna

cca hold

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
  • 3 weeks later...

Hi all

 

I received the attached letter from Kearns on Saturday morning.

 

Just wondered where I should be going next?

 

Towards the end of the attached letter it says "Failure to respond within the stipulated period will result in Court proceedings being issued" so do I wait for a claim form to arrive (if they do send one) or do I send a CCA to either Link or this crew?

 

In the letter was a"reply form" which had different tick boxes if you admit the debt, dispute the debt or need more information about the debt etc. and also an income and expenditure form. I haven't attached these but I can if required.

 

I have sent a SAR to MBNA which has been received and signed for at their end so am waiting a response.

 

Thanks in advance

 

Suss.

Kearns.pdf

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oh the new PAP

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

yes you now reply

and you CCA request them.

 

reply under PAP rules to kearns

 

sent plink the CCA request

 

DO NOT SIGN ANYTHING!!!

 

you do not need to fill in the I&E

 

reply to kearns using the pap form..

dispute

need more information

asking for any/all documentation they intent to rely upon should they issue a claim.

 

Signed Agreement

default notice

notice of assignment

full list of statements detailing how the balance has occurred

listing of all penalty charges/admin fees or any other fees levied by the original creditor and/or any debt collectors.

that have been added to this alleged debt.

 

...................

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

as I wrote yes

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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