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  1. Hi I`d like some advice or options for the following situation my father in law is in.To cut a long story short, in June this year he had a fire in his assisted council home (he suffers from MS) and was rescued by the Fire Brigade and admitted to hospital with smoke inhilation.Whilst in hospital following tests , the doctors discovered that he is riddled with cancer,the most serious being his lungs.They have estimated that he probably only has between 3 and 6 months left to live. As his home has been gutted by fire he has lost everything and wasn`t insured.To help I have had his mail directed to my address and with his permission to act as power of attourney for him as he is in no fit state at the moment to deal with his affairs. Now, I was aware that he had a few debts,but I wasn`t prepared for the number of debts that he has.I`m not sure how to deal with them all for him. He will eventually be placed in a care home which will eat into his various disability allowances and leave him with only £20 per week for various personal effects.He has no assets or possessions as they were lost in the fire. Would writing to the DCA`s explaining the situation and asking for them to write the debts off help, bearing in mind that he has nothing and will only be alive for a maximum of 6 months? Any advice greatfully recieved.
  2. Are you asking for them to pay you money that you have not paid out in charges in the first place ? . Your litigation may end sooner if you offset the charges against the balance that you owe.
  3. I think ,and hopefully someone else will confirm this,but as they have already secured a CCJ,a CCA request at this stage to them will prove pointless.I think you will need to approach the issuing court for a stay on the CCJ as you have discovered irregularities (no CCA compliance and documents).However,you may be out of time as I think you only have 12 months to make an application against the CCJ.Don`t take this as gospel its just my understanding. Good Luck.
  4. The wifes already spent it !!! Oh well, (not so) easy come easy go !!! LOL.
  5. Well guys its taken 3 months through Barclays dragging their heels, having defences submitted, judgement by default,bailiffs warrants issued and cases stayed but finally recieved payment. I know I`ve been quiet on the forum but for all those members out there its a self help forum and all the answers and help are there. I cannot even begin to express how deeply indebted to all the Mods and members out there and obviously Dave and BankFodder for setting up this site. It has been a bit of an emotional rollercoaster of a ride with Barclays,but with all the great advice on the site we got there in the end without setting foot inside a courtroom. Before you guys ask,a donation has been made and I`ve done the survey. This is hopefully the start of a number of claims and donations. (sorry its a bit of an "Oscar" speech) Love to all !!!!
  6. Perhaps they need a loan and would struggle with a CCJ like the rest of us !!! LOL.
  7. - We`re sorry you felt the need to complain...... Makes me laugh everytime !!!!!!
  8. You can send it to your local branch.
  9. The 8% Interest gets added at the moneyclaim stage, just go with the 4 grand, although you may want to split the claim in two as it exceeds the 5 grand limit of the small claims court, if it goes to fast track you could be faced with having to pay their legal costs.
  10. Thanks for that - we will keep on going and insist that payment be by way of a cheque. In the mean time, we will clear the overdraft and close the account - just to be sure that they play by our rules and don't sneek a payment in the back door !! Will keep you posted.... watch this space.
  11. We are now coming to the end of our journey. Papers have been served on Barclays and we are awaiting patiently to what happens. One question I would like to ask though - is when Barclays settles these claims, does the money go back into your bank account ( if you still have one open ) or do they post a cheque out ? My reason for asking is that one of our accounts is overdrawn ( my wife ) and the other account is in Credit ( the joint ). My wife has a loan with Barclays which we are in the process of looking at as it seems that a proportion of the loan was made up of an overdraft amount being included and a resolve loan agreement drawn up. My wife is concerned that because payments to the loan have stopped and are now in the hands of a collection agency ( due to financial circumstances ) that Barclays will pay the money from our claim into her bank account and then remove it again to make a payment towards the outstanding loan. Are they able to do this ? Can anyone help ? My wife knows that she has to pay the loan and is in the process of putting together a payment plan, but as the refund coming back from Barclays includes fees from both her accoutn and the joint account and now includes court costs, surely they cannot refund the amount and then 'snatch' it back again !
  12. You`re better off sending it to Pete Townsend at Data Protection Radbroke Hall Knutsford Cheshire WA16 9EU Don`t forget to send it recorded and with the £10 fee.
  13. Yes everything is correct so far.Yes prelim letter first giving them 14 days to respond,you will probably recieve a "sorry about your complaint blah,blah" letter ,after 14 days letter before action again with spreadsheet, you will recieve "goodwill gesture blah,blah",probably on the 14th day,then moneyclaim. STICK TO YOUR TIMETABLE NOT THEIRS. Hope that helps.
  14. Don`t Panic. I`m not an expert,but I believe that any debt which is over 6 years old is statute barred,i.e. it cannot be enforced,however this would depend on when you last had any correspondence regarding the matter.Someone with more detailed knowledge will probably post soon.
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