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    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
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    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
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Barclaycard- Stay Lifted , but no defence filed - Help Please!


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Hello,

 

I am taking Barclaycard to court for repayment of charges and removal of a default notice from my credit file. My case was stayed after Barclaycard's acknowledgement of service, but before the deadline for them to file their defence (about four days before, to be precise.)

 

The stay was lifted on 11th October and the case moved to another court for a hearing on the 18th December. I received standard directions from the court (e.g. disclosure 14 days before etc.), but it struck me that I am yet to receive a defence from Barclaycard.

 

My question, really, is what effect a stay has on the countdown for the defendant to file their defence? Does it simply 'freeze' the countdown, which restarts once the stay is lifted. If so, Barclaycard have gone over the time to file a defence. Even if the 14 day countdown started again, after the stay was lifted, they would still have gone over the time allotted.

 

What should I do? I am preparing my bundle for trial as usual, but I am tempted to apply for judgment in default on the basis that Barclaycard has not filed a defence. I don't really see how I can be expected to prepare for a trial in which the defence of my opponent is completely unknown to me!

 

Any help/advice would be much appreciated.

 

Thanks,

 

Michael

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Hi Michael,

 

Can you post up details of the last Court Directions.

 

Have you contacted court to ask if bank has filed Defence.

 

This is only a small response document. You don't need this or their full defence to prepare your case Evidence for poss trial.

 

Slick

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Fans of this thread will be interested to learn that, after following slick's advice, it turns out that Woolwich County Court neglected to send me Barclays' defence, which was filed some time in August.

 

HOWEVER, events move apace and on Saturday, I received a letter of settlement from Barclays. They have agreed to pay my charges, plus interest and court fees in full.

 

Part of my claim was for removal of a default notice. I had been notified of this default by Mercers, however nothing has shown up on my credit file.

 

Barclays made no mention of this in their letter of settlement and without receiving their defence it's difficult to know whether they acknowledge the existence of any default notice. However, the fact remains that I received a letter telling me that I had one.

 

How should I play this? If I accept the offer of settlement, can Barclaycard enter information onto my credit file later? Is there any way of ensuring that they are unable to do so, within the terms of my acceptance?

 

Finally - and it's not really a deal breaker - Barclaycard have applied charges to my account in the interim period between my claim being issues and this offer of settlement being made. Is it reasonable to demand that they repay these too? It will amount to some £75 out of a claim of £700ish, but it would be a nice icing on the cake.

 

Any advice appreciated!

 

Thanks,

Michael

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Hi TF,

 

Write back to BC and ask that they address the issue of the Default Notice, either by removing it or by written confirmation that no Default Notice has been made on your credit files, by them or their agents.

 

When that's cleared up, ask them to settle ALL charges to date using latest charges added on to the settlement figures.

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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