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Hi, Been on Forum for ages and managed to win all but one claim that has been brought against us with advice from here. However, this one is confusing me a little as not had to do it in a while. My wife had a Marshall Ward catalogue taken out in Aug 07 so after the April changes, everything was fine until 2012 when we got into a bit of trouble one thing led to another and she got defaulted, in 2013 Capquest aquired the debt, we CCA'd them, they sent a recon agreement and then all went quiet. Oct 2016 my wife starts to get letters again from Capquest and now passed over to Restons. We have SAR Shop Direct as we know the account has a few hundred in charges, and sent a pre action letter to Restons. Now I know the Default is invalid on at least one point but the recon CCA that capquest sent in 2013 I am not sure it is complete and correct. I understand that post 2007 CCA have very little wriggle room. I am going to be sending off another CCA to Capquest see if they can get anything this time. 1: Dates, it is dated by them nearly 4 months before the account was opened. Is this valid? 2: It has a term under key information that says "Details of up to date charges in relation to each of these matters are available from us" . They never sent anything relating to the charges mentioned within the CCA, do they still have to include everything mentioned? 3: Final agreement, again is dated 2010, the account was terminated in 2012, are these correct 4: Neither agreement has a tick box just a sig box, Is this right? Does any one have a copy of the original T & C's from Marshall Ward Spring 2007 and ISME from Autumn 2012, I am sure I have seen somewhere that the 2011 /12 agreements actually mentioned the £12 default charges whereas the agreements I have don't.
A member of my family is in an NHS hospital. He has had a stroke that means he struggles to recognise places. He has been assessed as having capacity, and wants to go home, so he is being discharged to living alone, carers coming in a couple of times a day, but basically, free to go where he wishes. However, until all the carers etc can be sorted he is being kept on a locked ward, and the staff will not let him leave the ward. Surely this is false imprisonment, if he has capacity they can't imprison him? They have also said things like "you have to have a key safe fitted before we allow you home", and told him that he can't discharge himself. Not that I want him to discharge himself, but surely, if he has the capacity to make the decision to be discharged into the community he has capacity to go down to the hospital shop to buy a packet of smarties? What can I do? Surely they can't do this?