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    • They did reply to my defence stating it would fail and enclosed copies of NOA, DN Term letter and account statements. All copies of T&C's that could be reconstructions and the IP address on there resolves to the town where MBNA offices are, not my location
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    • My defence was standard no paperwork:   1.The Defendant contends that the particulars of claim are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 2. Paragraph 1 is noted. The Defendant has had a contractual relationship with MBNA Limited in the past. The Defendant does not recognise the reference number provided by the claimant within its particulars and has sought verification from the claimant who is yet to comply with requests for further information. 3. Paragraph 2 is denied. The Defendant maintains that a default notice was never received. The Claimant is put to strict proof to that a default notice was issued by MBNA Limited and received by the Defendant. 4. Paragraph 3 is denied. The Defendant is unaware of any legal assignment or Notice of Assignment allegedly served from either the Claimant or MBNA Limited. 5. On the 02/01/2023 the Defendant requested information pertaining to this claim by way of a CCA 1974 Section 78 request. The claimant is yet to respond to this request. On the 19/05/2023 a CPR 31.14 request was sent to Kearns who is yet to respond. To date, 02/06/2023, no documentation has been received. The claimant remains in default of my section 78 request. 6. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of proof of assignment being sent/ agreement/ balance/ breach or termination requested by CPR 31.14, therefore the Claimant is put to strict proof to: (a) show how the Defendant entered into an agreement; and (b) show and evidence the nature of breach and service of a default notice pursuant to Section 87(1) CCA1974 (c) show how the claimant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim; 7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed. 8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974. 9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.
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Citi Cards - Card holder deceased


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Good Morning All

 

Just received the following from Citi Financial.

 

My wife's Father died in April and we wrote to all his creditors with copies of the Death Certificate and have received varied replies, some thoughtful and sensitive and some no so. However, this one from Citi just about takes all.

 

If you were in any doubt about why they act as they do then read on.

 

Not only did they address my wife (who has a pretty obvious girl’s name) as "Mr" they also addressed her by late Fathers surname, her old maiden name.

 

My Father-in-Law did not have any defaults on his account; however the outstanding balance is over £6K.

 

 

 

 

 

5 July 2006

 

 

Mr (Obvious Girls Name!) (Deceased Name!)

AnyStreet

AnyTown

AnyCounty

Postcode

 

Dear Mr XXXXXX

 

Re: 1234 1234 1234 1234* Mr XXXXXXXXXX(Deceased)

 

We acknowledge the receipt of the death certificate for Mr XXXXXXXXX.

 

Unfortunately, this account was not covered by Repayment Protection Insurance, leaving an outstanding balance of £XXXX.XX

 

Should you have any further questions regarding this account, please do not hesitate to contact us on 0870 909 4431** or logon to our website Citibank UK - Current Accounts, Savings Accounts, Investments, Bank Accounts, Credit Cards, Banking, United Kingdom.

 

Your sincerely

 

 

(Illegible scrawl)

 

Operations Administration

 

 

* Please quote the full 16-digit account number on all correspondence.

** Calls may be monitored and/or recorded for training and quality purposes.

 

 

 

 

Now I am not especially sensitive but even I can see that this is a pretty poor way to treat a family who have just lost a father. He was 79 and as you can see from the above, this debt was not insured. Notwithstanding any claim Citi may attempt against the estate, if it were up to me they can whistle for it. If they extend credit to people in their 70's and do not take further steps to protect themselves against loss then they are being remarkably short sighted.

 

I do not advocate irresponsibility toward borrowing or debt but it appears to me that they should look again at their lending criteria and ensure they have adequate cover for this one inescapable eventuality.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Only gambling debts legally "die" with the debtor. If there is enough money in the estate then the debts must be paid out of that. There is a specific order that monies must be paid and rather unsurprisingly HM Govt get first pick after the Testamentary Expenses are taken care of, then there is a list of who gets paid and in what order.

 

If the deceased was the sole account holder then nobody else is legally liable for the debt but credit card companies have been known not to let this little fact out and attempt collection from the deceased relatives.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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The total outstanding is in excess of £20k. He was not an ordinary 79 year old man, if there is such a thing! No pipe and slippers for him. He was a prominent local politician and very active right up until the end. He was out the night before speaking at a function and died early the following morning.

 

We are in the process of dealing with the financial side of the estate, something we are familiar with because my Father died in November. Luckily a family friend and director of one of my companies is a solicitor so we are getting help there without cost.

 

However, he left a widow, my Mother-in-Law and she wants to keep the house. Thankfully the rules governing property ownership are quite clear and the equity is not counted as part of his estate, so she will not be forced to sell up to pay the debts. As they were unsecured debts they have to join the queue - and guess what, it's a long one!

 

 

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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You couldnt make this up.

 

Tact diplomacy and understanding are words that Citi have never heard of

 

 

:mad:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Not only did they address my wife (who has a pretty obvious girl’s name) as "Mr" they also addressed her by late Fathers surname, her old maiden name.

 

How insensitive:eek: . How difficult is it really to get someone's name correct when writing :rolleyes:

 

I'd be sorely tempted to put the letter back in the mailbox, in its original envelope with a note written on it saying "not known at this address".:mad:

Do you have a website? Add the following code to add a link to The Consumer Action Group:

 

http://www.consumeractiongroup.co.uk

The Consumer Action Group

Reclaim your rights as a consumer and reclaim your unfair bank charges! Free site with letter templates and helpful forum.

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Damn! I wish I had thought of that.

 

The thing is, she wrote the letters to inform Citi and the others of the death of her father, it should have been a simple matter to reply to the named person who wrote the letter rather than the deceased, but clearly not for Citi.

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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Now that is pretty funny.

 

The following did happen to us though.

 

We got two phone calls followed by a Statutory Default Notice for my late Father-in-Law from Morgan Stanley. He was one month behind (well, that and dead of course!) and they went for the default! One month! They were informed by telephone twice and received the same letter that the others did, along with a copy of the death certificate yet it still did not register with them.

 

I wonder if Experian will amend his credit record?

iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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