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    • Sending you a big hug. I’m sorry your going through this. The letters they send sound aweful, and the waiting game for them to stop. But these guys seem so knowledgable and these letters should stop. Hang in there, and keep in touch. Don’t feel alone 
    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is unlawful, breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
    • My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
    • Hello lovely, just posting to check in to see how you are feeling now? Hopefully your feeling better? 
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Link and old Barclaycard debt


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no do not start silly letter tennis

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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  • 1 month later...

hello again,

i have now had a reply back from link,,

taken six months,

 

they say sorry been communicating with barclaycard about the cca request,and enclosed a letter from barclaycard stating they have no documentation on my account and so it is unenforceable

 

Link say to carry on paying instalment s

i suppose they would say that,,

 

should i ignore them ,,

 

thanks

Edited by dx100uk
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Cash cow now removed from the DCA milking parlour

 

No cca = no pay!!!

 

Only took you three years and 5 threads to get thats sorted and stop being cash cowed

You should have stopped in 2015 after the 12+2 days elapsed...

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 months later...

hi just a question,

barclaycard v link,

barclaycard say unenforcable,

link cant seem to accept this,

neither have a cca ,

 

,link have just last month, defaulted me on my cra,

are they allowed to do this i thought only the original creditor could default me,

,thanks

Edited by dx100uk
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as long as they don't change the date the OC registered the default

then in makes no odds

 

just resitting the thread

did yu go ring BC as asked ages ago and findout the defaulted date.

they must have defaulted you to sell it on.

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 years later...

hello all,

this is a bit wierd,

 

barclaycard sold my debt with them to link in 2015,

unaware i kept paying to link ,

then i found your forum and requested a cca from link and barclaycard

 

neither could produce anything as such barclaycard said the debt was unenforceable,

 

in 2017 i stopped paying link,,

well barclaycard just informed me of a rebate for default charges,,,

this rebate has now been paid to link,,,,,

 

will this now restart the clock,,,

and why would barclaycard pay this money to link when i have no ties to them since 2015,,

 

 

Edited by dx100uk
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  • dx100uk changed the title to Link and old Barclaycard debt

threads merged...

 

as they should do.

it means they (BC) are simply implementing a recent ruling by the FCA that unless a creditor sent regular notice of sums in arrears letters when you were indebted to them, they were not allowed to charge interest nor penalty charges for those periods.

 

as you didn't actually pay any of the charges nor the penalties, as they were only a notional penalty on an outstanding balance, they are duty bound to send this 'refund' to the debt owner Link.

 

it doesn't change anything and doesnt reset any SB date as the 'payment' was not made by you - the 'debtor'.

 

just dont move without informing Link (or any other debt owner on any credit you last last used or paid) in the last say 7yrs, else you risk a backdoor CCJ and Link will pull that stunt for sure.

 

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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