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    • Banks have different limits above which they require Probate. So it may be Probate is not needed, although as he died with no Will that could complicate things. Is all the £28k with Virgin Money? Your wife should contact all banks who hold his money with the death certificate and ask them what they need to release the funds to her. Most banks have a central "bereavement department". Check their websites. Use that department rather than general call centre or bank branch. Your wife may also have to provide evidence that she is his daughter. When his wife died it sounds like they had a joint bank account so that's why her money just went across to him. But as it isn't a joint account now transfer to your wife won't be quite that simple.  
    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • 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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Ah! But did he do it on purpose or is he undercover, or is he a shameful debtor like the rest of us????!!!:rolleyes::)

 

I look forward to your response OTB!

 

 

Regards,

 

 

Corn x:)

 

DCA staff, past present and future have access to the internet and google makes the world a much smaller place.

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NO NO! Don't apologise! I didn't mean to scare you!!:eek:

 

I just thought that as this thread was about the workings of debt collection agencies, it might be better, under the circumstances, for you to have a whole thread to yourself regarding Mary's issues! New threads tend to get a lot of attention!

 

If you need any help with that, then please do let me know!

 

A hug for scaring you.....:-)

 

Regards,

 

Corn x:)

 

Group HUG :D

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Congratulation to OTB for a truly amazing and useful thread. I hope you have good cover!

 

I have a couple of questions though :

 

I liked this question because it really got me thinking!

 

How do you deal with an DCA and their solicitors when you have spent 16 months trying to communicate with them and they have never answered a single, solitary letter and have ignored your S.A.R - (Subject Access Request) and your CCA requests? I am talking around 26 letters in fact, which have all been received and signed for.

 

How do you deal with a DCA who has filed a claim, despite all the above) at county court (a claim that will be fast-tracked due to the size) despite the OC admitting that they converted documents unconnected to the "debtor" in an attempt to concoct an enforceable agreement? Oh and put all the wrong information on it, at that!

Basically because they 'think' they have the legal edge (your just a debtor, what do you know? yes, it's called arrogance :mad: ). They must have a valid CCA with all the prescribed terms (or what they percieve to be a valid CCA ;) ) and they must believe they can enforce the debt. But I'm confident you have your defence prepared.

 

I am more surprised that the Solicitor for the DCA is extremely well known and "high end" yet they can't respond to letters? Why is that? Further, why they have advised their "client" to litigate is beyond me. Will they withdraw after my defence is submitted? What do you think OTB???

I don't think they will withdraw, what is more likely to happen is the district Judge will give them a deadline to provide you with the information you request in your defence. If they have that info (CCA, etc.) then most likely they will supply it (I mean they have to because the judge won't proceed without compliance), if they don't have that supporting evidence the claim will be thrown out and you SUE them.

 

 

I have, thankfully, been able to afford a Barrister (on a time spent and reduced fee basis) to represent me in Court. I ought to say that the reason for this is that in my experience, the Judge does not appreciate a Litigant in Person, however, their tune is very much changed when a Barrister comes into play. That is just from being an observer in Court. I wouldn't put myself through it after that! Sorry that is slightly off topic but was touched on earlier in the thread.

I agree. There is nothing better to get a DCA/OCs attention than have a solicitor on YOUR side. A good solicitor can really be an excellent investment. Judges prefer to deal with legally qualified staff to be honest, mainly because they don't have a lot of time and need everyone to quickly understand what her dertermination is without explaining it. That is not to say you have to get a solicitor, but it helps. So does going to court prepared.

 

Regards,

 

 

Corn x:)

 

Why they haven't complied with your CCA and SAR still confuses me tbh (scratches head). There is no reason not to. :???:

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Why they haven't complied with your CCA and S.A.R - (Subject Access Request) still confuses me tbh (scratches head). There is no reason not to. :???:

 

I have absolutely no idea, really, not a clue. I have sent two CCA requests, one 16-odd months ago and one about a year later. I have also SAR'd them twice. Nothing. I have proof of postage and receipt. I have tried very hard to engage in dialogue, but they have completely and utterly ignored me.

 

I have an excellent defence (I believe!) and I will PM to tell you why as the matter is subject to litigation and I would prefer not to post on a public forum.

 

Regards,

 

Corn x:)

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I have absolutely no idea, really, not a clue. I have sent two CCA requests, one 16-odd months ago and one about a year later. I have also S.A.R - (Subject Access Request)'d them twice. Nothing. I have proof of postage and receipt. I have tried very hard to engage in dialogue, but they have completely and utterly ignored me.

 

I have an excellent defence (I believe!) and I will PM to tell you why as the matter is subject to litigation and I would prefer not to post on a public forum.

 

Regards,

 

Corn x:)

 

Yea that's fine.

 

There appears to be no logic to their ignorance, and that's why I had to mull it over in work today, and the only 'excuse' I thought of was if the debt was less than £1k, then it would be 'uneconmical' to engage in legal conversation with you. But that attitude always fails in court.

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Yea that's fine.

 

There appears to be no logic to their ignorance, and that's why I had to mull it over in work today, and the only 'excuse' I thought of was if the debt was less than £1k, then it would be 'uneconmical' to engage in legal conversation with you. But that attitude always fails in court.

 

It is WAY WAY more than £1K.

 

I have PM'd you.

 

Regards,

 

Corn

CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I was going to do a 'chapter' on strategies that work, but there is still an arguement in my mind as to whether its a good idea!

 

I always stated that I would give honest independent advice not tainted by 'morals' or 'emotion', and not underpinned by justifying or not, as the case maybe, the job of the DCA. I would tell it as the DCA/OCs see it, so you could at least understand the 'process'.

 

BUT, by giving strategies that will help, will move me away from the 'independence' I have and may compromise the advice I provide in future. Is jumping off the fench the right thing to do? Something to mull over I suppose.

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I was going to do a 'chapter' on strategies that work, but there is still an arguement in my mind as to whether its a good idea!

 

I always stated that I would give honest independent advice not tainted by 'morals' or 'emotion', and not underpinned by justifying or not, as the case maybe, the job of the DCA. I would tell it as the DCA/OCs see it, so you could at least understand the 'process'.

 

BUT, by giving strategies that will help, will move me away from the 'independence' I have and may compromise the advice I provide in future. Is jumping off the fench the right thing to do? Something to mull over I suppose.

 

It will also, eventually, alert the DCA's to such strategies and give them reason to close their "loopholes".

 

A difficult call, because I, for one, am DYING to know!!!!:D

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CLICK ON THE SCALES IF YOU THINK I HAVE HELPED!

 

I AM NOT SCARED ANYMORE!:rolleyes:

 

MBNA - To quote "The Carpenters", We've Only Just Begun..................;):D

HSBC - Settled.

Capital One - S.A.R - (Subject Access Request) issued.

Goldfish - S.A.R - (Subject Access Request) issued.

Tesco - SAR issued.

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I completely agree. After all, necessity is the mother of invention. I for one am less interested in strategies that "work" or may have worked than those that don't. I don't doubt that all these illogical responses or illogical lack of responses are in fact very logical, if you can see it from the other side. I'd rather understand the thinking and go from there than copycat a tactic.

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I don't doubt that all these illogical responses or illogical lack of responses are in fact very logical, if you can see it from the other side. I'd rather understand the thinking and go from there than copycat a tactic.

 

Have to agree with that.

 

The job of a DCA is to get money in. It is safe to assume that they work on the assumption that you are a won't pay unless it eventually becomes pretty obvious that you are a can't pay.

 

I unfortunately, am firmly in the last category in that if I work until I am 100, I will still owe money. (How, why, who's to blame, whatever, is totally immaterial, that's the situation).

 

All DCA's work on the shout priciple, he who shouts loudest will get something, that is, if anyone is going to be payed at all. The problem is sorting out who you better pay or else!!

 

In my case I have 1 Creditor I told to bogger of six months ago and so far they have. Another I think have got the goods, so unless they make life immpossible, they will get paid something. The problem is how to play the ones in the middle, which are not clear cut and that's where I could use some help.

 

OTB - quick question. How does the size of the debt figure in the equation, ie, it's to big to put through small claims, etc.

 

David

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Small claims will take debts/claims up to £5,000.00

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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I was going to do a 'chapter' on strategies that work, but there is still an arguement in my mind as to whether its a good idea!

 

I always stated that I would give honest independent advice not tainted by 'morals' or 'emotion', and not underpinned by justifying or not, as the case maybe, the job of the DCA. I would tell it as the DCA/OCs see it, so you could at least understand the 'process'.

 

BUT, by giving strategies that will help, will move me away from the 'independence' I have and may compromise the advice I provide in future. Is jumping off the fench the right thing to do? Something to mull over I suppose.

 

 

Agree, I don’t think we want to start aiding the debt avoiders

This sites all about letting people know their rights, helping them out of debt and stopping DCA walking all over them. Divorce, addiction, redundancy, illness and change of circumstances are all part of life. Loaning money is a risky business.

The DCAs should work with people not try and walk all over them!

A strategies that don’t work ie running away ect… would be good but also a section on " how to make the DCA see sense would be good to"

:)

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My view is if the debtor has already repaid the equivalent to the debt & or is being pursued aggressively by DCA's then it's just too bad if the persecuted debtor finds a way of not paying & stopping the harassment.

 

The finance industry only have their own avarice to blame for the situation they now find themselves in....consumers refusing or finding ways not to pay because they are sick of being bled by lenders if they make the slightest mistake in managing their finances

 

Sorry but the day I feel sympathy for lenders, any lenders, will be the day Hell freezes over

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When we started the Cabot Fan Club we said from the very outset " all we want them to do is abide by the law" that was all and I don't think many on here feel much differently. We only started hammering them and the other dca's because they just wouldn't do what the law states they should and we will continue to do so until they stop playing their own stupid games and trying to get away with what they have done for the past 40 years. Some are changing, others are taking longer to get the message, but overall we are winning over, it just is hard for them to realise their game is up. Keep up the pressure, keep complaining, keep making sure they provide you with the information you require and are entitled to under the law of the CCA and maybe, just maybe they'll get the message however much it hurts them. I do not feel one bit sorry for them, I have to run my own business within the law and so must they. If they don't? well, they have to take whats thrown at them. Keep on using the synergy of this forum and others and keep hitting them where it hurts until they do as they are supposed to. That's ALL we ask.

 

 

Sarah

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When I have on rare occasions dealt with a DCA that has tried to be helpful & polite they have, in an effort to resolve matters to everyones satisfaction, got my complete cooperation.

 

Those that haven't are left swinging in the wind - period

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A letter was recently sent to my address to someone unknown but with with the same surname, a different title and initials. Of course I didn't open it as it was addressed to someone else, but as it went in the trash the envelope tore. It was a DCA letter chasing an outstanding debt from Southern Water.

 

Dear Miss ???

Having confirmed your current address our client is anxious to resolve the outstanding debt.

You must call us immediately to arrange repayment of your outstanding debt.

If you are not the person named above, please accept our apologies and call us on 0845 40 224 30 to confirm this. If you do not call to tell us we will assume that you are the correct person.

Should we not hear from you within 7 days of the date of this letter, we may commence legal action to recover the outstanding debt.

Yours sincerely,

Advantis Credit Ltd

 

Now, first of all, any letters not addressed to a known person at my address would be binned. However, this company expects a stranger to open someone else's post and phone them to say that they are not the addressee. Is this some kind of breach of confidentiality or malpractice?

 

Also, this evening had a weird call. It may have been a voice activated message as they did not ask who they were talking to. The line was fuzzy, I said hello, hello, then a voice said, "Hello, this is an important call from Advantis Credit. Please phone on 0845." I put down phone in mid sentence as the woman did not ask for me by name. Is this another breach of customer confidentiality? I do not know this company, have no debts, and have been getting loads of marketing calls recently and am pretty fed up with unsolicited calls.

 

Could anyone tell me if it is safe to ignore. Pretty weird on their letter that they say, "Having confirmed your current address, our client is anxious to resolve the outstanding debt." I've never had letters or correspondence from any of these people before and have been at this address for several years.

 

Help!!!:confused:

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I know they say ignoring a dca, burying your head in the sand etc is not a stagedy that works , but people with statute barred debts today never had sites like this to go and visit, who knew anything about the statute of limitations then (mid 90's), other than the legal profession.

 

I don't know if it's a good method to use today or not, but that is what I did in the 90's. I tried to pay these people but the letters and calls were incessant, at work at home. One day I just stopped dealing with them , binned the letters, told them to f off on the phone and assumed the position of what would be the ideal stance for somebody attempting to get a debt statute barred , except in those days I didn't know it . So that did work, at least for me.

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Have to agree with that.

 

OTB - quick question. How does the size of the debt figure in the equation, ie, it's to big to put through small claims, etc.

 

David

 

The balance owed will have a significant difference. The smaller the balance the quicker the point will come when it is 'uneconomical' to pursue, whereas the higher the balance the greater need will be to recover the debt and less likely that it will just be written off. But the ultimate determination on the outcome of any debt is the assessment of your ability to pay, or more accurately, the OCs ability to recover (through CCJ, charging order, Attachment of earnings, etc.)

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Agree, I don’t think we want to start aiding the debt avoiders

 

This sites all about letting people know their rights, helping them out of debt and stopping DCA walking all over them. Divorce, addiction, redundancy, illness and change of circumstances are all part of life. Loaning money is a risky business.

 

The DCAs should work with people not try and walk all over them!

 

A strategies that don’t work ie running away ect… would be good but also a section on " how to make the DCA see sense would be good to"

:)

 

Interesting comments.

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A letter was recently sent to my address to someone unknown but with with the same surname, a different title and initials. Of course I didn't open it as it was addressed to someone else, but as it went in the trash the envelope tore. It was a DCA letter chasing an outstanding debt from Southern Water.

 

Dear Miss ???

Having confirmed your current address our client is anxious to resolve the outstanding debt.

You must call us immediately to arrange repayment of your outstanding debt.

If you are not the person named above, please accept our apologies and call us on 0845 40 224 30 to confirm this. If you do not call to tell us we will assume that you are the correct person.

Should we not hear from you within 7 days of the date of this letter, we may commence legal action to recover the outstanding debt.

Yours sincerely,

Advantis Credit Ltd

 

Now, first of all, any letters not addressed to a known person at my address would be binned. However, this company expects a stranger to open someone else's post and phone them to say that they are not the addressee. Is this some kind of breach of confidentiality or malpractice?

 

Also, this evening had a weird call. It may have been a voice activated message as they did not ask who they were talking to. The line was fuzzy, I said hello, hello, then a voice said, "Hello, this is an important call from Advantis Credit. Please phone on 0845." I put down phone in mid sentence as the woman did not ask for me by name. Is this another breach of customer confidentiality? I do not know this company, have no debts, and have been getting loads of marketing calls recently and am pretty fed up with unsolicited calls.

 

Could anyone tell me if it is safe to ignore. Pretty weird on their letter that they say, "Having confirmed your current address, our client is anxious to resolve the outstanding debt." I've never had letters or correspondence from any of these people before and have been at this address for several years.

 

Help!!!:confused:

 

This is a shot in the dark from a DCA. Just send ALL letters back addressed to this person and write 'not know at address' (that's if there is a return address :rolleyes: , if not bin them), worse case they will send an agent to confirm you are not the debtor. to be honest, I have done such visits as part of my 'training' and they last about 5 mins: they just confirm your name and ask for one proof of identity. If you provide it they wipe their records of your details and send it back. Problem gone.

 

It is true that you are not allowed to open mail addressed to someone else, but hay, we all want to know what's going on. But you should just return it unopened (but I wouldn't make a special trip to the letter box ;-) ).

 

Also be aware that it is not unknown for a DCA to be looking for YOU but change the details of the 'debtor' in order to get you to confirm who you really are. Then 2 months after calling and telling them your not Miss X but Mrs Y they start chasing you for a statute barred debt because they were really looking for Mrs Y.

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