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Found 54 results

  1. My Mother is 96 and has had a M&S CC for many years, used for phone and online shopping which also gave her a feeling of independence as she rarely left the house. She began displaying signs of dementia late last year following a stroke, then fell at Christmas suffering a v serious head injury and was not expected to survive. She was eventually stabilised, though only after two scary doubt-filled relapses. It was then immediately clear that her dementia had deepened v substantially, and to make a long and very evil story short my Mother has in just a few weeks been replaced by someone who looks like her but has no memories, doesn't retain anything she is told conversationally for longer than 30-60 seconds, has no retained awareness therefore of her circumstances or where she is, who never has a yesterday to help her understand today, is confused on a good day and distressed on a bad one, doesn't recognise friends/some-family, and only occasionally recognises me when I tell her who I am. She is now in permanent residential dementia care where we continue to visit a very frail stranger unable to look after herself and needing help with all aspects of daily life, and that we love very much but can do nothing to help, only ... observe. Anyway ... I am dealing with her personal affairs. I would like to know please whether a card-issuer - M&S in this case - has legitimate recourse to family if the card-holder is neither competent nor capable and is unable to settle an outstanding balance, in this case just under £2K. Today the State takes all of Mum's pension and benefits to offset some of the £900+ p.w. cost of her Care, with the exception of a few pounds as so-called pocket-money to provide "personal treats" like toothpaste and replacement clothes/undies etc. Treats? There is no longer any possibility of the outstanding balance being settled by Mum from any source at all, she has no assets and had been getting by just okay on her State Pension+ small benefits whilst in a sheltered-housing bungalow since my Father died. I have been far too preoccupied to bother with the M&S reminder-letters over the past three months, but should take control before things escalate. I don't have any problem ignoring DCs if M&S moves it along, however I'd rather put the brakes on with M&S before that stage. So, to repeat my question ... I assume that in Law M&S would have recourse to income or assets, however there are none and I am wanting to know if In Law there is then permitted-recourse to family for the debt? If they try to make noise instead of writing the balance off, I am perfectly capable of berating M&S very robustly about pursuing a 96 year old woman in residential care with dementia! However, before then I want to be clear in my mind about the legitimacy of any other channels they may claim to be entitled to pursue for recovery. In reality they would actually be unsuccessful that way also as I am 71, retired with no assets and only state pension income, and with debts and obligations of my own already after a past business-collapse. I'm not concerned with that just now however, just in knowing whether M&S would be on solid ground if they should respond by saying that in these circumstances the debt becomes the responsibility of someone's family to settle if their assets/estate isn't able to cover it. So can someone advise on that one point please? Thanks! Howard
  2. Armed forces and reserve forces pension schemes: guidance booklets READ MORE HERE: https://www.gov.uk/government/publications/armed-forces-and-reserve-forces-pension-schemes-guidance-booklets
  3. Guidance Data Protection: rights for data subjects READ MORE HERE: https://www.gov.uk/government/publications/data-protection-rights-for-data-subjects/data-protection-rights-for-data-subjects
  4. New guidance to support staff engagement during insolvencies READ MORE HERE: https://www.gov.uk/government/news/new-guidance-to-support-staff-engagement-during-insolvencies
  5. Could someone please advise on the “6-years and it lapses” rule, I want to know if it still is in place, and also if it then has relevance for the following. 5 years ago I acted on advice from the wonderful people on this forum. I had previously retired at 65 after a business collapse, and was facing constant letters/calls from debt collectors regarding some related debts amounting to £36K across 5 business credit cards, 1 personal card, and a small-business loan. As a result of great advice I was able to hold my ground and even go on the attack, and after a year or so 4 of the debts were wiped out and a 5th “will not be pursued until we can furnish a copy of the original agreement”. That DCA was a total shambles, so that seems extremely unlikely 4+ years later still. My query today relates to the personal credit card, which was being dealt with by DCA 1st Credit. I offered a token payment of £5/mth because at that time I had not discovered this forum and had no idea that the financial sector worked in such heavily self-serving ways, nor that I had options. The offer was accepted and I made 3 payments, though by that point I had found this forum which opened my eyes wide! I wrote to 1st Credit notifying them that the credit card issuer had not dealt acceptably/completely with previous concerns (long story!), that I would not be making any more payments, that they should return the case, and that I would be contacting their client seeking proper action and that they would be included in any subsequent formal complaint themselves if they continued collection processes in the meantime. Other than asking for details once, which I ignored, I never heard from them again. I have now received two letters a few weeks apart advising “1st Credit has now become Intrum UK Ltd”, requesting a payment arrangement for that debt. I don’t know whether 1st Credit just changed their name, or Intrum Justitia (one of ‘my’ earlier DCAs) has bought their book, but either way it seems 1st Credit just shoved it to the back of the shelf 5 yrs ago, not returned it nor done anything with it themselves. My knee-jerk is that if the 6-year rule still applies, they are now trying to resurrect the case before it lapses. Part of me says to ignore them and see where it goes, though another part of me wants to snap-back setting a line of defence advising Intrum to return the case to the card issuer who I am contacting requiring them to deal properly with already-notified matters that they have yet to complete, with a warning of a formal complaint should they continue to chase. I’d greatly prefer getting to a 6 year cutoff however and just washing my hands of the whole stressful matter, than opening a level of formalities all over again and having all the stress for a year at least and most likely on in to our mid-70s. I’d just like to get on with living, as all was extremely upsetting to my wife who was/is not a strong woman after losing all our assets, our house and a second property, and living hand-to-mouth on just our state pension in rented accommodation and not the comfortable retirement we had expected. So regarding the “6-years” rule, is it still in force? If so, would contacting fresh-face Intrum with a stand-down notification letter end the 5 year lack of any contact just a year before it could help close the door? Or maybe has that already been ended with the appearance of Intrum asking for an arrangement, beginning a fresh 6-year requirement? So … should I ignore Intrum’s contact for a while longer, or get in quickly with a defence by going in to attack mode which no doubt would drag out for at least a year … by which time the 6 year rule would apply anyway if it is still in place as a potential backstop as long as I don’t break the silence? I would welcome some focus so I can see more clearly what makes the best sense … and also any pointers to new or changed legislation/codes-of-conduct /proper forms-of-words/etc that may be keeping me unknowingly out of step with things these 5 years later. Many thanks if you can guide me at all.
  6. Crime news: revised Crown Court fee guidance READ MORE HERE: https://www.gov.uk/government/news/crime-news-revised-crown-court-fee-guidance
  7. Guidance The Service Pupil Premium (SPP) READ MORE HERE: https://www.gov.uk/government/publications/the-service-pupil-premium
  8. I was really worried, I get caught for shoplifting at tkmaxxx. I have given my address, name, phone number and signed the banning form with exclusion list of stores for 12 months and a letter with RLP that I need to wait to pay them a lost cost of Tkmaxx which they have gotten all the goods back worth 60 Pounds. What will happen if I pay them? Will there be any further problems in the future? I am really ashamed of myself It happened because i'm not myself that day and suffering from depression from most of everything in my life. I really need some advice and help. Thank you
  9. A week or so ago a regular contributor on here (Dodgeball) started a discussion thread on the subject of when a bailiff should legally be able to charge a 'Sale Fee' of £110. The importance of this subject prompted me to approach CIVEA (The Civil Enforcement Agency) and yesterday they provided me with a copy of their official Guidance Note on the subject. A copy of this should be featuring on their website this weekend. Dodgeball's important and interesting thread on this subject has run to 5 pages and with 100 replies, I thought that this Guidance would get better publicity if it was posted on a separate thread. The original discussion thread can be found under the following link: http://www.consumeractiongroup.co.uk/forum/showthread.php?453200-Removal-for-sale-fee-when-can-it-be-charged
  10. Guidance MOD confidential hotline READ MORE HERE: https://www.gov.uk/guidance/mod-confidential-hotline
  11. Armed forces service complaints process READ MORE HERE: https://www.gov.uk/government/collections/armed-forces-modernised-guidance
  12. Guidance Unpaid estates of deceased service personnel READ MORE HERE: https://www.gov.uk/government/publications/unpaid-estates-of-deceased-service-personnel
  13. Joint Casualty and Compassionate Centre (JCCC) Guidance: READ MORE HERE: https://www.gov.uk/guidance/joint-casualty-and-compassionate-centre-jccc This information is relevant to Serving Personnel & Next of Kin / Family Members.
  14. This is my first post so hope format is ok. I took out MBNA credit card (as Abbey National member) over 10 years ago following a change in financial circumstances was unable to make the repayments. I entered into an agreement to pay £1 a month to MBNA and a number of other creditors in 2010. My total unsecured debt is over £50k, and debt to MBNA was approx £16k. This debt was moved on to Aktiv Capital then to PRA Group. I have made these £1 payments since 2010 to all 3 organisations (I believe there may also have been another company in between MBNA and Aktiv but can't find details to confirm) Early this year I received a request from PRA litigation dept requesting payment of outstanding sum on an Abbey National card card or offer of repayment plan. The debt appears larger than I recall at 18600 appx. I responded to confirm circumstances unchanged and couldn't pay the o/s balance. I also requested they send me a copy of the CCA, as they were vague on start date. They have not sent the CCA but have issue court proceedings. I have completed and Back of service and confirmed I intend to defend all of the claim. I gather from forums I now need to issue a CPR, but I'm unsure which CPR to refer to. I've seen ref to CPR 18 but also CPR 31. Which should I refer to and is there a template letter I can refer to or use. At this point it appears to be in house PRA litigation taking action and not solicitor on their behalf so should I send CPR to the litigation department plus separate request to PRA for CCA. Its not clear on court N1 which address I send CPR to as address is PRA Bromley but litigation dept letter came from Scotland address. Any guidance would be appreciated.
  15. There continues to be confusion about the charging of 'multiple fees' by bailiffs when enforcing more than one warrant (or Liability Order) at the same time. This confusion has lead CIVEA (Civil Enforcement Association) to seek legal opinion on the subject and as a result, they have issued the following Guidance to all their members. CIVEA Guidance Notes are designed to address issues which have arisen on the proper interpretation and implementation on a particular part of the regulations (in this case, 'multiple charging'). PS: CIVEA represent the interests of all private certificated enforcement agents in England and Wales. http://www.civea.co.uk/editorimages/Multiple%20Instructions.pdf
  16. Hi Every one I had received a parking ticket for allegedly parking in a restricted area (client permit area) from High view parking. to further explain, we wanted some new carpets and went in a shop in hillsborough in sheffield which allows free customer parking. We parked in an area where there was a board of customer parking on the wall that i parked against, on the adjacent wall there was permit parking board. I genuinely thought it was customer parking, parked only to get a notice that i had parked in restricted area which was for clients only from high view parking. I stayed there for 17 mins. they had camera to prove i entered and stayed in what they say was a restricted area. i appealed to them initially really not understanding difference between client & customer saying my visit was for a genuine reason and they could cross check it with carpet shop. (my stupidity) and it got rejected , no surprise. I wrote to popla and giving them the explanation that the signage suggested customer parking, and there was ambuiguity and had it been more clear i would have not parked in the area. Popla has replied back saying it was still my fault to park there. I tried uploading my evidence but the website would not allow (technical problem) and than popla would not accept my pictures as case was submitted. What do i do now. ? As submission to popla, highview parking submitted a document delineating the various signage they have, but not mentioning that they have a misleading sign board in the restricted client area. Feel the decision is unfair, as i feel there should never be misleading signs. i dont know the laws regarding misleading signs in a private parking. I have now received a notice to pay £125 in 14 days. Should i take them to court ? because i still feel my case was not fully heard by POPLA. i have emails from POPLA where i have tried to convince them on allowing me to give them picture evidence but they have rejected it. ANy advice or help will be useful. attached is the picture of the area and signage
  17. The following PDFs are the MOD Guidance on: Guidance notes for Service Personnel applying for a mortgage Guidance notes for Service Personnel when applying for Unsecured Credit FOI201600147_Annex_D_Guidance_Notes_for_Service_Personnel_Applying_for_a_Mortgage.pdf FOI201600147_Annex_C_Guidance_Notes_for_Service_Personnel_Applying_for_unsecured_credit.pdf
  18. The Financial Conduct Authority has taken over from the OFT. You can find all you want to know about Debt Collection Guidance, etc HERE Also in the CAG Library HERE
  19. Hi, I was hoping someone would be happy to share the process of getting Bryan Carter Solicitors LLP to consent to my CCJ being set aside. The court date of the CCJ was 06/08/2014 for £546. I have been living abroad outside of the uk since January 2014. I only found out that I had this CCJ when I decided to check my credit report. Got email confirmation from the court only in October 2015. The original debt was for a Vanquais credit card. Lowell Group are the listed claimant on the CCJ. When I contacted them they told me to get in touch with Fredrickson International. And from there I was directed to Bryan Carter. A repayment plan is set up with Bryan Carters for £50 p/month. Which I intend on paying back as take responsibility for the debt. But the CCJ is going to ruin my credit rating and I think because I wasnt in the country at the time I should be able to get set aside. Is that true? I more or less grasp the process of completing the N244 form but I more interested in understanding the best way to get a letter confirming the Consent of the Claimant. I am not sure which one to even contact to ask for it. And would anybody have a template or guidelines to at least attempt making one myself, which I can share later. Also what type of evidence would I need to show? and would i need to appear in person? I was hoping the proof of me not being in the country and the claimants consent would mean not but if someone oculd clarify that would be great, thanks
  20. Someone who signs on daily like me when he was in on Friday he was given a date to sign back on again after the holidays and he said to me the adviser who signed him on said the office for the computers use is open to Wednesday if u would like to use them he said no he can jobsearch at home she said something back but he can remember what but was he wondering will anything happen if he doesn't go in to use the computers? Or nothing can happen due to not been given a letter or a mandatory letter to come in to the office? He would like some info because he doesn't want to be worried about having money stopped.
  21. A really great .pdf document about Passwords, and well worth the read. Full Article
  22. I have a question regarding some of the entries in the Halsbury's Statutes 4th edition at book 13 page 791 to 796. Parts 1-[723] - 6 at [732] does any of this help at all with the more modern act taking control of goods act 2013? Namely the following 4 Exclusion of certain goods [731] 4a Hire purchase etc. agreements [732] Can anyone explain a little bit more on this please?
  23. Today, following a review of TV ads for payday loan products, we are publishing new Guidance to prevent ads trivialising the serious nature of taking out short-term, high-cost loans. The Guidance clarifies the spirit in which the rules must be interpreted, particularly the rule that requires ads to be responsible to the audience and to society. For example, ads should not encourage consumers to make an ill-considered or rushed decision about borrowing, particularly without considering the financial implications of doing so. In the light of research by the Children’s Society and evidence submitted in response to a call for evidence, we will now publish a public consultation on scheduling of TV ads for payday loans. The consultation will be launched by the end of July 2015. Read More
  24. I've been recently charged with Fraud by false representation (1st offence), for returning a low value (under £50) clothing item to a store for a refund. A week after this, I was arrested because the shop claimed the item wasn't their stock and tags were placed by mistake. This was purchased from their online store if that matters. Now I have a Magistrates' Court hearing and will be pleading not guilty. I am scared for my life and how I will be able to argue my innocence but will demand a trial by jury, which will drag this process for much longer and make it very costly for myself. Any thoughts and suggestions please?
  25. Good evening this is my first post to this forum. I am looking to send some f and f letters to DCA's in the week, can anybody advise on what level I should aim at I was thinking starting at 20% of outstanding balance. Can people give me an idea of their experiences/successes. Cheers
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