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    • Great thanks! I have refined it -    ‘Dear Prosecutions Manager,   I would first of all like to start my response by saying how deeply sorry I am. I realise my actions were wrong and it is in no way representative of how much respect I have for Southeastern and their staff.  I am remorseful about the poor decision I have made. I’d like to try and explain my circumstances at the time I evaded my fare. I have recently returned to work but I have been on reduced pay for a while due to COVID-19 which led to me committing the incident mentioned. Additionally, I have been under stress as both my parents have been diagnosed with long term illnesses during the pandemic and I have been concerned about travelling and exposing them to COVID-19. Although I don’t live with them, they have been reliant on me during the pandemic to collect shopping, medication and support them throughout hospital and doctor’s appointments. The extra pressure has taken a toll on my mental health and I have consequently made a careless choice. I was so ashamed of myself when I was stopped by the Revenue Protection Officer and since then, I have ensured I have paid full fare for every journey I have made. The consequences of my actions have weighed heavily on my mind since. I am concerned that a possible prosecution would ruin any future employment opportunities and I would really like to settle this out of court with a contribution towards the administration costs as compensation for my actions. I am regretful of the extra pressure and inconvenience caused to all involved and would like to make amends.. I’d like to end this letter by saying that I understand the gravity of my actions and will never travel without a valid ticket in future. I thank you for taking the time to read my response and I appreciate any leniency you can show in this matter.’
    • Hopefully this has done it, thank you for your help 2021_05_14 20_18 Office Lens-merged.pdf
    • In 2016 my business was subject to a fraud regarding a Rolex watch which we had taken in as part exchange from a local and well known customer. We took his steel Rolex and he paid a few thousand £s extra and bought a pre owned gold one from us.  Having bought his watch, part of the deal was we would not sell it until he returned from over wintering  in Australia after a few months. Upon his return he was planning to either part exchange the pre owned gold one back and buy a brand new version of it,  or he might like to simply  buy his original one back.  The watch therefore sat in my safe for nearly a year. At which point we attempted to contact the customer only to find his obituary. He was ill before he travelled so we suspect he knew he might not return.   It was a few weeks before Christmas so we put his (which was now ours) watch in the window (as it was) to sell and sold it within a few days. Had it not sold before Christmas we  would have sent it to Rolex for service and refurbishment, and subsequently offer it for a higher price in the spring (Rolex would also have identified it as fake). Two years later the customer that bought the watch returned it quite upset after he had sent it to a national watch buyer to sell, but was told it was a high end counterfeit (ie not your $20 Chinese throwaway, but one purposely manufactured to deceive).   After some checking ourselves, we refunded the customer and spoke with our insurers.   Our business insurance provided all risks cover with a few exclusions (terrorism etc) and was a very well known policy that many/most UK retail jewellers take up. Indeed we had held the policy for many years.  Fraud is an insured risk.   It is my view that a customer selling us a fake watch is a fraud. The broker enquired with underwriters and they have said it is not covered. I am not satisfied and have asked the broker to send me the wording of the policy so I can read the exclusions. I am told they have searched their archive but cannot find the policy so cannot send it to me. They have asked me if I have my copy? I haven't found my policy document either and fear I threw it away upon renewal. But wonder, if I do keep looking, whether it would be a good tactic to let them have my copy. We have been renovating the house for a year and the attic is absolutely chock a block with stuff, a thorough search through the old books would take a week or more.  I have suggested if they cannot find the wording sold with my policy they should settle the claim. Clearly they cannot reject the claim without the wording? It sounds odd to me that they even need to retrieve the policy to find the wording.    I am quite certain a claim for fraud is an insured risk. I guess somebody has to judge whether the transaction was fraudulent first though. I am quite happy to issue a summons if the insurers reject my claim by trying to suggest the risk was not covered (unless it obviously isn't), which is why we need the wording.   Comments and a strategy would be very useful to understand whether or how to proceed. The claim is for £3500.
    • So let’s say you won’t get more than 1 hour for lunch, so 48Hr/wk is your paid hours. That gives you 2496Hrs/yr at £20k yours hourly rate is £8.01/Hr.    if you are 21 or 22 you should be on £8.36 23 or over takes you to £8.91   so unless you are younger than 21 you are below minimum wage and they are breaking the law if those are the hours you are contracted for. 
    • you read UPLOAD use jpg to redact then convert and merge to PDF.
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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.
       
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      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.
       
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      Many thanks, stay safe and have a good Christmas!
       
       
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Mother been Paying DCA's through Stepchange £400pcm for +8yrs - still £9k to pay - Best way to make F&F offers?


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Thanks dx100uk. We would like to go down the F&F route. We are in a position now where I can lend my parents a sum to let them move on from this.

 

Should we do the F&F offer separate to the reclaim or in conjunction? i.e. we owe £2,300 minus the £500 unlawful fees = £1,800 30% offer of £540?

 

Any recommendations on the best way to do this, taking into account the above? Are there any templates you recommend using?

 

Mum also mentioned she was charged a lot of money going slightly over her Halifax overdraft to pay this (like £30 charge for going £10 over...) - is that something we should also look into claiming back? She mentioned seeing something on MSE about it - is there are a subforum on here with information around that?

 

 

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as for cap1 there are letters to use in the debt collection section of our library

inc your fees spreadsheets.

i doubt cap1 will bite though.

 

is the OD still with halifax?

 

 

  • 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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Thanks dx. I'm struggling to find the right letter to make a F&F offer on there. Any problems with using the National Debtline one? https://www.nationaldebtline.org/sample-letters/full-and-final-settlement-offer/?

 

No, the od isn't with Halifax any more. Thankfully my Mum is out of it and has switched bank accounts to First direct. The article she read was: https://www.moneysavingexpert.com/reclaim/bank-charges/

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we used to have one not sure where.

just remember this is no longer on her file and can't comeback so don't let here feel she is indebted to pay them any high sums £pcm should they refuse to F&F.

 

don't forget there are the other letters there offering a lower £pcm and if they refuse the one to drop them to £1 PCM for life if they rufue to help.. time on all fronts she took control of HER money, not let others control it, she's paid upwards of +£30k to all these fleecers, none deserve any special treatment now massive monthly payment.

 

the OD is long dead simply stop paying, any charges reclaim will simply be removed from their already fictitious balance not to her pocket.

 

 

 

  • 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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  • dx100uk changed the title to Mother been Paying DCA's through Stepchange £400pcm for +8yrs - still £9k to pay - Best way to make F&F offers?

Thank you. What % do you think we should start with for cap1? 20%?

 

We've also received the CCA for a couple of the MBNA debts that now sit with link financial. Please see attached. The one for my Mum seems very lightweight compared to the one for my Dad... Are these correct? If not, what should we do?

 

I guess if they are valid this changes the strategy similar to cap1 - pay monthly sum again and try and agree a F&F settlement offer?

 

 

 

MBNA_CCA_Dad (1).pdf MBNA-CCA-Mum.pdf

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is the IP address traceable to the area they live in?

as for the signature on the other, i will guess its correct?

 

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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Share on other sites

I've done a reverse IP lookup, and it's traceable to their general post code but not our exact post code e.g. It's M5 rather than M12 but yes, more or less.

 

Yes signature is correct.

 

What do you think? Similar strategy to Cap1? Offer a F&F and if not try to move to minimal payments?

 

Would you give the same initial offer to both (20%) or more to cap1 and less to Link?

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i'd run link, never trust them an inch, one of Link favourite tricks was to re add and charge interest. send an sar to MBNA get all the statements, then same game as cap1.

 

i'm wondering if it might be prudent to simple get a letter constructed now, to send to cap1 and Link, stating due to sever financial hardship, for the next 6mts the payment will be £5PCM. This will be reviewed in 6mts and you will be updated further. Please refrain from adding any interest and/or penalty fees as under the rules of the various organisations like the FCA/FOs that govern you and help me through this hardship period. 

 

i will not enter into any further communication by whatever method upon this arrangement until my review and will consider it harassment.

  • 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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adapt the pro rata letter in the dca section of our library.?

  • 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

Is it necessary to send with the budget spreadsheet?

 

My Dad has actually suffered a loss of income from COVID and will be on SSP for the next 3 months due to an operation so will use that as the reasoning.

 

 

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his income is NOTHING to do with them nor you mums debts.

if you've already sent an I&E with the 1st pro rata, then dont repeat it

  • 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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Some of them are in my Dad's name... sorry, I didn't make that clearer, although I'm not sure if it changes much?

 

For the debts we have received CCAs for: 1 of the Link debts is in my Dad's name whilst the other Link and the Cap1 are in my mother's name.

 

I&E was sent via Stepchange 2 months ago. Although it reflects a higher income than now. Would you do it again or just remove the reference of it from the pro rate letter template and send the letters?

 

 

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just remove all ref to it

send the offer and pay it regardless to if they do or dont reply/accept you do NOT need a debts owners permission to pay what is propsed you are simply informing hey this is what you'll get for xxmts..tough if you dont like it.

 

you must take control.

  • Like 1
  • 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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Posted (edited)

Thank you dx100uk, thanks for all your help.

 

I've made a few amends. Does this look ok?

 

 

Account No/Reference No: XXXXXXXX

 

 

Dear Sir or Madam  

                                                                                      

Since making that above agreement with you, my circumstances have changed. I cannot now afford the previously agreed monthly payments because of severe financial hardship caused by a loss of income due to the coronavirus pandemic and a long term recovery from an operation leading to statutory sick pay.

 

In view of these circumstances, please would you agree to accept a reduced offer of £5.00 per month for the next 6 months.

 

Please refrain from adding any interest and/or penalty fees as under the rules of the various organisations like the FCA / FOs that govern you and help me through this hardship period. 

 

Should my circumstances improve I will contact you again. In the meantime, I would appreciate it if you could send me a paying-in book / standing order form to make it easier to pay you.  

 

Thank you for your assistance, I look forward to hearing from you as soon as possible.

 

 

Yours faithfully,

 

Edited by techno20
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stop begging. !!

 

In view of these circumstances, you will only be getting a reduced payment of £5.00 per month for the next 6 months

 

(can you not pay by bacs? so delete the payment book bit?)

  • 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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  • 3 weeks later...

no cca = no pay = ignore 

  • 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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