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  1. Thanks Dx, Bazooka and London for your help and advice. I think it is time to call their bluff and stop paying. With these being old credit cards they need the original docs to proceed in court and they obviously haven't got them. I suppose that's why Mint have stopped sending me anything for the last 5 years and have never sold it to a DCA. On the CAB website it suggests that I could ask them to write off these debts as they are unenforceable and I'm retired on a small pension, so what good would it be chasing me anyway? Before I do anything would that be a good alternative or simply stop paying ? I'd rather give the money to charity. Thanks again sidley
  2. Thanks dx. Does that mean Mint have given up on it? sidley
  3. Hello, I am just enquiring about an old (1994) Mint (RBS) credit card debt £12,000. I went into default due to health issues Oct 2011. Have been paying a token amount of £5 p.m. since then. As far as I am aware they have not sold this debt on. In 2014 they started asking for full payment and I went through the Financial Ombudsman Service (FoS) as they had not been responding to my requests for the agreement etc re 1974 Consumer Act. Instead they returned the P.O. for £1 back to me each time with no explanation as to why. The FoS at first thought I was trying to get them to adjudicate on the legal enforceability of what they had sent to me (blank generic application forms + random T&Cs). I asked the FoS to intercede on my behalf to get a reason for lack of response. Oli, from the FoS asked me what I wanted him to ask them 1. Do they have the original agreement to hand and if not when could they realistically hope to produce it? 2. If they cannot find the original could they supply me with a truthful and honest reconstituted agreement that has the following items to comply with Sec 77/78/79 request under CCA 1974. Eventually, after a few weeks and cajoling from the FoS, they sent a letter to me stating ' that the Original Agreement was not kept and it would not be possible to reconstitute a copy to satisfy my CCA request and as such the debt was no longer legally enforceable but I still owed them the money, blah, blah.' Mint sent me a statement every month until August 2016 and I have heard nothing from them since then. No letters, correspondence or statements. No one chasing me. So, have they forgotten about it or given up as it is not legally enforceable? Under the CCA 1974 they must send a statement of arrears, but nothing for the last 5 years. I know I could stop paying the £5 p.m. but I don't want to open a can of worms so to speak. If it is lost in the system somewhere, if I stop paying that might flag it up and start things up again. I have 2 other credit card debt, both from mid 1990's were sold to Cabot. They started their threatograms, but after my success with the FoS with Mint, I did they same thing with Halifax and Nat West. The letters I got from both of them through the FoS were similar to Mint. They stated " that the originals had been misfiled and they could not provide me with a reconstituted agreement. Therefore whilst this remains the case the debt is unenforceable, but you still owe the money etc, etc." I suppose because they had already sold these debts they both had to frame their reply as though this could be rectified at anytime. The chap (Oli) at the FoS dealing with my case said he had worked in a bank for 12 years and they all threw the agreements into a box which was picked up by a company for storage. There was no proper filing system! He doubts that they could ever find the original agreements and being pre 2007 they would be unenforceable in court. I do get regular correspondence from Cabot as in a statement of account. Very occasionally, I get one saying that I am still paying the original creditor ( I am) and I should contact them to arrange affordable repayments. Years ago a sent off a copy of the banks letters to Cabot and I just ignore their offer to renegotiate the terms since then. So, would it be best to carry on the £15 p.m. If I stopped paying what would be the likely outcome? What should I do? Thanks for any help. sidley PS - I am retired now and the £15 p.m. just to keep them at arms length is worth it for me and my wife.
  4. Saw this in the Times today. I know it relates to small business loans, but could the judges ruling affect all debt cases where the debt company refuse or redact commercially sensitive documents in support of their case? the Appeal Judges full reasoning it can be found here: http://www.nabcustomersupportgroup.o...montoria--oak- This is so far the most interesting part of the Judgement: Anyway want do you think? sidley
  5. Thanks Unclebulgaria, We, obviously, need advice. Who would be the best people to go to? CAB for example? As I said her hands (just google OA hands worst deformities - you will get an idea of how bad she is) are so disabling that she can still dress herself for example, but then needs to rest her hands for an hour or so afterwards. I can't think of any job where you don't need to use your hands! (opening doors, using phones, computers, paperwork, etc). Nor can I imagine an employer saying "you've done 60 mins work today - now have the rest of the day off on full pay" cheers sidley
  6. Hello there, My wife (62) has advanced arthritis on both hands and wrists (inherited from her mother's side of the family). She left her job as a youth carer in January of this year because amongst other issues with her inability to work they pushed her into office and admin. However, with her arthritis, writing or using computers became impossible. As nearly all jobs available requires some use of hands, which she is unable to do, what benefits would be available to her. Does my wife qualify for anything? Other info. She does have arthritis in all areas of her body, but for example she is able to walk reasonable distances, sit down comfortably for reasonable lengths of time, etc. She also suffers from psoriasis (which may have played a part in her condition). A friend of hers owns a wine bar and offered her a job (not too taxing) but it required her to carry wine bottles and glass which was OK-ish for the first 60 mins but then became impossible for her to do. Any help or advice greatly appreciated. cheers sidley
  7. I need further advice on this topic. Update: HSBC only granted us a 1 year extension with a modest increase in monthly payments. My wife's mother died at the end of August last year. We were able to persuade her father to move to a special mobility flat (rented) 1/2 mile away from us. As my wife and her sister have power of attorney they sold his bungalow (E. Sussex) just before Xmas. He has a full set of marbles but is incredibly frail/ 80% blind (unable to move even around the flat w/out electric wheelchair). After the sale he wanted to give my wife and her sister the bulk of the money from the sale. When we talked to the solicitor dealing with the sale, she advised us strongly not to do that, as being attorney's you cannot benefit financially from their father's money. This she said, could cause an investigation if they found out and remove you as attorneys as well as having to repay the money. I can understand this if he wasn't able to maker his own decisions (he's as sharp as a tack), but as he put it " I don't need the money - it's no use to me". His income from pensions etc., outways his outgoings considerably. N.B. The family have decided that when he can no longer live semi-independently (he has an army of carers as well as us going in several times a day), he will come to live with us til his death. So, not going into a home. My question is was the solicitor correct? If so, what do I suggest to my bank, can I ask them for another year extension? cheers to everyone sidley PS. my mother has moved to my sister's house and is being looked after by her. Her house is now empty but she refuses any idea of selling as she believes she is going to go back once she's better (there is no hope of that).
  8. Hi Gumboil, I, too, had a letter from Cabot offering a whooping 73% off, offer is only open for 21 days. This is the first I've heard from them since June 2017, I assume they must be going through their books looking at unenforceable debts and hoping someone will take the bait. Reading on this forum, sometime ago, someone who used to work for a DCA said that in the 3 years they worked there the company had changed name twice. Same staff, same office and same telephones just different name and FCA licence. It seems DCAs do this musical merry-go-round, I don't know why exactly. So, maybe Cabot are about to do the same? As renegadeimp says ignore them; some very old statue barred debts are still being sent begging letters - nowt they can do though.
  9. Hi there, thanks to oldrouge and honeybee Had the phone call today, it seems they want us to fill in an income/expenditure form before they can discuss the options. I've also done some research about the deprivation of income re care home fees. Helpful website says that in the case of inheritance tax the 7 year rule applies, but in the case of care home fees there is not time limit, so the local authority can go back as far as they like. However, to recover monies they would have to go court and prove deprivation of income was indeed intended. They also say that in the case of gifted money being used to buy a house or pay off a mortgage, then they cannot force you to sell up or get another mortgage. All they can do is put a charging order on your house (presumably via court) so when you sell they can recover money owed. cheers again. sidley
  10. Hi there, It has taken HSBC 8 weeks to reply to my complaint (pretty standard with them, they take it to the wire). They phoned and I spoke to the customer service dept. He did apologise for the lack of communication and they way they have handle the case and gave me £150 comp. They will only grant a 12 month extension and tomorrow their mortgage dept will be calling to try and sell me something (changing our mortgage or increase my monthly payments - according to him). However, he did say that if I had my inheritance by the end of the extension, then a further extension, to dispose of the assets, could be arranged presumably with a hefty arrangement fee! My question is - is this the way that banks are supposed to deal with this type of case? Is there anything else we could do or is this the best we can expect as we are having to look after 2 very frail (and in my mothers case terminally ill) parents? If they insist that I have to transfer to a higher payment (difficult to do as my wife has just gone down to part-time so she can look after her v. frail 97 y.o father). Also could you please advise us, my father-in-law is selling his bungalow in Kent. He has a cash buyer and all the papers are with solicitors so, it is sold subject to contract (fingers crossed). He has already mentioned that he doesn't need this money and he will give some/all to his 2 daughters. However, it will not be more than the inheritance threshold of £650,000 (his + late mother-in-laws combined allowance) so that's not a problem. But we have been warned by a friend that should he get worse and requires say a care home then the council could/would ask for the money back. This would leave us having to raise a mortgage again. BTW he has enough savings/shares/pension to fund 2 years of care home without the need to use the money from the sale of his house. But I know that gifts from parents have a 7 year cut off re. inheritance tax. I assume that's the same for councils to reclaim money for care home costs? anyway thank you in these very challenging times for us. sidley
  11. Thank you very much oldrouge for your kind help cheers sidley
  12. Cheers old cogger, Yes I am beginning to find out that despite their promises they just don't seem to care! I will soon write a letter of formal complaint to them and if no luck take it to the FOS. I've heard good and bad stories about the FOS, so I hope it will be a good one for me.
  13. Cheers oldrouge, It's been 4 weeks since my last recorded delivery reminder to them about the absence of any response so far. Can I ask you how long I should wait? cheers sidley
  14. Thank you dx100uk, I will mention that to HSBC, but they advertise that they are willing to engage with people who will have difficulty paying off the capital but they don't seem to be living up to their promise! sidley
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