Jump to content


  • Tweets

  • Posts

    • It looks as if Excel is the creditor. If that is the case then they are the ones who should contact the DVLA.if it was VCS who applied then there could be a breach of your GDPR. But we won't know for sure till we see the contract between the landowner and the car park company.   Once you have an answer from DVLA regarding the legality of two companies claiming they are the creditor [which is not possible] then we can look at contacting the ICO and Trading Standards.
    • Many thanks @lookinforinfo; I've contacted DVLA requesting who has accessed my info but thinking a more 'robust' letter along the lines you recommend might be order of the day tomorrow. Much appreciated.    Double thanks @FTMDave;  TRULY appreciate your work on our behalf. thanks for the above adapted and, yeah, lessons learned eh!   I've uploaded all the paperwork that seems relevant. I've only uploaded 1 copy of the 'Final Notice of Debt Recovery' (dated 01 October 2020) Letters (there were 3)- they're all the same. I've also not included the County Court Claim form.     I just want to check; is their 'Final Notice of Debt Recovery' (dated 01 October 2020) the  'Letter Before Action'? If not then we've never received the LBA.   To Note; I've literally only just noticed this but.... DCBL paper work, on both 'Notice of Debt Recovery' (dated 12 August 2020) and 'Final Reminder' (dated 04 September 2020), it is stated  'Date of Contravention: 06/06/2017' - 'Reason for Contravention: 86) Parked Beyond The Bay Markings' . This is incorrect, as this contravention was an ANPR charge. Wonder how that tips into their argument? Just curious.   Of greater relevance; You might notice on all three VCN's 'Notice of Intended Court Proceedings' (dated, 2 x 29/08/2017 & 04/09/2017) that it states, in bold, near the bottom of the page 'The creditor is: Vehicle Services Limited.' Am I correct in my understanding that legally, only Excel can call themselves Creditor as it's Excel who have the lease agreement with the landowner.     Not quite sure if I mentioned this but I have accessed a copy of the land registry document which provides details confirming that the landowner has leased the land to Excel Parking. By coincidence,  I was working with a client today (3rd year law student!) who's recently  been studying contract law and noted that 'even though the companies may be linked by people, and might claim to be sister companies, they are in fact separate legal entities. Check who has accessed your information through DVLA because there may well be a GDPR issue due to who holds the contract with the landowner.')     DEFINATELY considering sending Simes a letter (CHEERS @dx100uk) as you say FTMDave, it's just a stamp. Wonder if he's got some poor, under living wage lackey filtering this kind of correspondence down in Sheffield?   THank you all so much for all your encouragement and support- it no longer feels like we're alone in this. Lost lots of sleep but stated to sleep like a babby again.    Onwards and Upwards.      VCN EXCEL Smyth Street Wakefield 2017-2021.compressed.pdf
    • Hello I received Notice to owner for Excess speed;,  59 on 50 local traffic. I was not the driver,  I was shielding during the 1st corona virus lockdown in May 2020.  I needed support on shopping for essential, food, medication etc and people helped,  sometimes using my car because I was advised to stay at home as per NHS guidelines.   I promptly responded , confirming that I was NOT the driver, completed the driver's name, address and returned.   About 5 weeks later, I received another Notice to review the details I sent previously, I confirmed again the driver’s name, address but could not complete parts of  date of birth , driver’s license or insurance, as I don't know it.  The next thing  I rcvd was a Single Procedural Notice, stating no trace of nominee and I was charged with 2 offences; Excess speed and Failure to provide driver’s details.. I was asked to submit plea by post or online.   I pleaded Not guilty to both charges by post stating reasons and that I made efforts to locate the driver, went to his address which is a multi occupational flats and was told he was ill and had moved. I went to the address given but no one opened d door.  I did all I could reasonably do, to locate the driver .   Been summoned to attend Magistrates court in February for Trial. I requested for all evidence relating to my case, and was sent a pre-trial pack. I noticed a paragraph "The defendant plea,  she is not guilty of the the driving offence as she was not driving at time of offence.  Therefore the original offence of excess speed is no longer applicable in this case "   So my questions are as follows: Does the above statement mean I will no longer be charged with excess speed? .How can I proceed on the Failure to provide driver’s details,?  I diligently made efforts but no luck,  especially during this unprecedented times What is my best course of action now?. I cannot afford a Solicitor.  What's the worst that can happen.?    I have a clean licence.  Please advise me. Been having sleepless nights . Thank you.
  • Our picks

    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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

Link Financial / IDR Finance UK II Ltd / MBNA


Please note that this topic has not had any new posts for the last 1140 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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... 

Link to post
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

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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

Link to post
Share on other sites

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... 

Link to post
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... 

Link to post
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

Link to post
Share on other sites

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... 

Link to post
Share on other sites

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.

Link to post
Share on other sites

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... 

Link to post
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

Link to post
Share on other sites

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... 

Link to post
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

Link to post
Share on other sites

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... 

Link to post
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

Link to post
Share on other sites

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... 

Link to post
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... 

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...