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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
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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!
       
       
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    • 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
      • 33 replies

Link Financial Query


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Hi all

 

Had a BC a/c for many years, decades actually, and was struggling to repay in 2018 so they agreed to stop interest and all contact for 1 year. Never heard anything more from them and then got a letter this week from LC Asset saying they had been assigned the a/c from BC and that they have appointed Link Financial to act on their behalf. Also received a text from Link yesterday, not sure how they got my mobile but assume BC passed it on, I did not think they were allowed to do that under GDPR.

 

I'm not sure but I think this may be an old Egg card debt that BC took over, I had 2 BC a/c's, one was from Egg and one I already had but this was donkeys years ago so I am not sure now which was which. I've read a few posts where people have asked if they were Egg a/c's so did not know if this was relevant.

 

As yet I have I have not made any contact with them and the way I see it is my 1st step should be to send a CCA request, my question is as we are all in lockdown and due to the circumstances we find ourselves in should I try doing this via email first? I live in an are of London with a very high R rate and really do not want to have to go queue in a post office unless I absolutely have to. So I was thinking if I email they either accept it & reply or if not I will send a letter. Any thoughts please?

 

Thanks in advance for reading and any help & advice you can give

 

Paul

 

My proposed email:

 

(template removed - dx)

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please don't post our templates in the open forum as advised in red at the top of the template.

 

pers i would not be using email,,, have you not got a 1st class stamp?

or you cant buy postage online at royalmail

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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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2 minutes ago, dx100uk said:

please don't post our templates in the open forum as advised in red at the top of the template.

 

pers i would not be using email,,, have you not got a 1st class stamp?

or you cant buy postage online at royalmail

My apologies, I thought it meant the original but i cannot edit it, can you remove it please?

 

Yeah I have stamps and can post nut without proof of postage. Was thinking if I email they either do it or if not I will send them by post with proof of delivery, I'm in no rush!

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proof of posting is not important.

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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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Letter done & sent, forgot I even had a cheque book!

 

In the meantime as I said I had 2 a/c's with BC, this one that owes £2600 and another that owes £2800. Both were subject to the same arrangement but only tis one has been transferred, called and asked them why and they do not know!

 

I'm thinking I am better off with Link as then, if they can prove the debts, I can look to negotiate a final settlement for both all in one or set up a payment plan for both all in one. Any thoughts please?

 

Also is there any relevance that one of them used to be with Egg?

 

Thanks again

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Would have been better that you didn't give them a signature to lift, but difficult times persist.

 

As for better being with a fleecing dca than the OC..well no as an OC does issue speculative court claims on a whim.

 

you need to get reading up here on cag

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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My signature on that cheque is nothing like my signature, but I took a copy of it in case they try to use it. 

 

I have read up and maybe I should explain better the reasons I said I may be better off with them.

 

First I would look to settle and from what I have read you can often settle for anything from 50-80% of the total debt and secondly, if I cannot settle they cannot charge me the 14.9% BC will charge me, although from what you have said it sounds like I am wrong?

 

 

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Who says you have to pay anything?

When were the cards taken out..very pre 2000 even 1990's i bet!

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 paying nothing would obviously appeal!

 

Yeah one was definitely 1990' as it was previously the Egg card and other I think was also 90's but could have been 2000's

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Not a chance in hell either will hold enforceable cca's

Bye bye debts.

 

Dx

  • Thanks 1

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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Exactly here where you are the Barclaycard forum

Or use our search top right

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, thanks again.

I've scrolled through the forum and searched some keywords for the life of me I cannot find what you are saying. Any chance you could please point me to the posts or give me the keywords I need to search for as pulling my hair out here. 

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Are you referring to the 99.9% chance the CCA will be fake from Link?

 

If so what about the a/c still held by BC?

 

Just checked my credit report and both a/c's defaulted July 2018 and taken out in 2005 & 2007 according to the CR 

Edited by PJB5
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Well poss unenforceable

cca both lets see

  • Thanks 1

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

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