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    • Thanks DX,   I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
    • Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have.
    • go do a Direct Debit Guarantee Clawback to your bank if you've now got control of his bank account finny.
    • Hello, Just to check I understand things right, he moved to a nursing home, you then kept paying the rent for a period of time whilst you sorted his belongings. You have asked to give notice and asked for backdated payments of rent from when you first asked which went ignored? They are still taking rent payments.   Have I understood correct?   If I've got anything wrong please correct me.
    • I contacted Sanctury housing in August 2023 after informing them my father in law who had Dementia had moved into a Nursing home December 2022. We kept the flat for 8 months until such a time we could accomodate some of his furniture that my wife wanted to keep. I contacted them in August 2023 to let them know the situation by email as I was the named person that could speak on his behalf. I informed them that we had left it to late for POT and were seeing a solicitor for Deputyship of his financies. I asked them what information would they need in order to give notice on the flat and we could provide details of his condition and nursing home. This went ignored I left it a month and then called them October 2023. I was promised a call back from a manager over the next few days. This never happened and it was end of November when I contacted them again and they had no record of me calling them. I explained the email and again I was told the local manager to the area would call me. This never happened and I ended up emailing them in January 2024 with a copy of the email from August. Again this went ignored and I had explained to them that we couldn't just go to the bank and stop the DD as we had tried. This email again went ignored. I then had a letter written to our home address in February asking us to get in contact with them (local manager) as they were concerend nobody was living in the flat. He had an email address so I copied in the last 2 emails to say I had been trying to give notice since August 2023. I also stated that I would like the rent that was paid from August 2023 refunded back to his account as I had officially tried to give notice then and it went ignored. He replied to us about wanting to look at the flat then notice could be given once he had contacted the nursing home to confirm he was actually living there now. Notice was giving for the 22 March 2024 and this would be when rent would stop and no further payment would be taken by this point. The fact I asked to be back dated went ignored. I have since noticed on 2 banks statement for April and May that they are still taking Rent payments of £501 from his bank. Further to this which seems very strange. He was with Eon Next for his utility bill again we were having problems getting this stopped as they needed a named person on his account which there wasn't one despite me managing his online account for him. I didn't check the email address that often that I used to set it up and went to check as noticed the credit he had built up with not living there was all getting refunded in February. The email said £600 would be refunded to his account with a (sorry you are leaving us message) but how can he leave as nobody but himself had access to speak with them. I also noticed the lady in the flat above him had a letter from her bank sent to his address with his address details but his name which was dated 4th March well before we had given notice and it said (thank you for giving us your new address details) we have set all this up for your account.   So Sanctuary housing must have been aware he wasn't living there from the ignored emails for the lady above to start changing address details to move into his flat before the housing manager had even got in contact to ask if anyone was living there. What I basically want to know his do we have any legal standing to claim the rent back from when I first contacted them in August 2023? There is roughly £3000 to come back  
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gargoil v Alliance&Leicester


gargoil
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Data protection Act Subject Access Request sent today recorded delivery in respect to a Visa Card I had from 2000-late 2004. Not sure how much charges were applied, don't think it'll be a great amount but so far with my other accounts I've underestimated each one so I guess I'll just have to wait and see! Let battle commence!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 2 weeks later...

Best of luck

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Received an acknowledgement today. Kind of.

 

"Thank you for contacting us. We will ensure that you receive a full written response within 28 days from the date of receipt of your complaint."

 

Since when was a DPA subject access request a complaint? Oh well, at least I know they've got it! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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  • 2 weeks later...

CCA request sent to DL&C regarding this debt today! :)

 

Still no statements through after a month!!!!!! :(

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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They still have time yet.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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CCA received on 19/8, checked on line so they have 12 days ending on 5/9 to reply! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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DL&C acknowledged receiving cca this morning saying they have requested the cca info from MBNA (supplier of A&L credit cards!) The letter also states that they have"noted my comments" and that this process could take some time!!!Fine by me!! :)

 

Still no response about DPA SAR though!! :(

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Phoned them up today even though they have still a few days left and it has been posted out today apparantly, so hopefully I'll receive later this week!! Hopefully there will be loads of charges on this account!!

 

:)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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hehe , its funny how everyone wants lots of charges on their accounts in these cases 8)

 

im really wanting everyone to test A&L's resolve in continuing to close people accounts after the payback though, even if you never intend to use it again, its wrong that they do this and it needs stopping along with all the other stuff they do.

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The balance from my account was sold on DL&C which I'm paying up monthly. I have had this account for 6 years+ so I expect(hope) the charges will amount to more than I owe and I can tell DL&C to go f*&k themselves!! ;) In the nicest possible way of course!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Received a nice letter from Rachael at A&L after I spoke to her on the phone yesterday....

 

"Dear gargoil

 

account:XXXXXXXXXXXXXXXX

 

Please accept my apologies for the delay in responding to you; however, our investigations are taking longer than anticipated. We will provide you with a full written response within 10 working days.

 

Yours sincerely

Rachael Claridge

Custromer Advocate Office Department Manager"

 

Very polite, but not polite enough to butter me up. If the info isn't here by Monday then the LBA for non-compliance is going out!!!

 

:D

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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DL&C who now own this debt are currently chasing me. They still have a few days left of the initial 12days to act on the cca request. They phoned and I just said they would need to write to me regarding this matter as I don't deal with financial matters by telephone. I sent them this email.For reference their email address is [email protected].

 

"

Your Client: - MBNA (ref Alliance&Leicester Credit Card)

Account Number: - xxxxxxxxxxxxxxxx

Dear Sir/Madam

 

Further to your letter of 21st August 2006 and telephone call of 1st September 2006.

Please take this as formal notification that this debt is now the subject of legal action with Alliance&Leicester, and therefore cannot be enforced by you, or any other Debt Collection Agency.

 

I would therefore suggest that any further correspondence be directed to Alliance&Leicester.

 

Should you attempt any enforcement action the matter will be reported to Trading Standards, and any legal action will be vigorously defended.

 

Best Regards

 

William Algie

 

www.consumeractiongroup.com"

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Is it the subject of legal action yet? I didn't think you had even made a request for payment yet as your SAR had not been sorted yet. Who owns the debt? Have you told them that the account is in dispute? Make sure that you have all your facts accurate or you could have problems, and they won't take you seriously. If necessary do some more research on the site to make absolutely sure that you fully understand everything and the processes you need to follow.

 

I am sorry if I have my facts wrong, but this is my understanding of the situation from reading your thread so far.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Don't worry I realised this myself and changed the wording of the letter myself before sending it. They are now a couple of days over the 40 day limit for the Data Protection Act S.A.R - (Subject Access Request). If this mornings postman doesnt have a big envelope from A&L then I have the 7 day LBA ready to be sent off to them. Also it is now 12 day since I sent the cca request to DL&C regarding this account requesting original signed agreement and they have not provided it as yet so I guess they are in derfault. Can someone clarify that I don't have to do anything this now regarding this matter except wait for 30 calendar days from today and then it is legally unenforceable?

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Ok phoned up A&L. There excuse is that A&L credit cards changed to MBNA control in early 2003. The delay is getting statements from A&L for before 2003. The guy I spoke to is phoning A&L dept that deals with this and then giving me a ring back within the next 15 mins. He did agree that I should have had it within 40 days( now expired!) I requested he send out th epost 3003 statements straight to me today and earlier ones he is getting back to me about!! I won't hold my breath!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Ok, just had the call back from A&L. Think it was someone who actually works for MBNA who handle A&L credit cards. He says there is a massive backlog and that what they are now doing if people chase them up is just sending out a list of charges that have been applied to the account instead of full statements so people het them quicker. He is sending out today 2003 to present list of charges to me. He said that I will now also receive a good will gesture offer on these charges by post and he said it was up to me if I accepted or proceeded with further action. A&L will get the earlier statements to me asap. I have sent out the LBA to get them to hurry it up. The guy I spoke to was really friendly and helpful so I'm confident I'll receive the post 2003 list of charges soon!!! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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PS He also said he's returning my £10 SAR fee as its taking so long! ;)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Still nothing received today so phoned them up again and spoke to th esame person. He says that the list of charges and an offer of goodwill was posted on friday so I should have it in the next day or so. This is only the charge ssince MBNA took control of A&L cc's. He is going to phone A&L and chase up the SAR info for 2001-2003 for me. I will give them until Monday next week to supply me with all th einfo or I will put in a court summons. Am going to court next Monday to put a few claims in against other banks so may as well do this at the same time. I am very intriged by how many charges will be on this account and how much their goodwill gesture will be.

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Ok, they now have the earlier statements from A&L up to 2003 and they are photocopying them for their own records and sending them out so I will have them this week. I won't hold my breath!!!

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Yey!! Got all my stuff in this morning and calculated £951 of charges! Also returned my £10 S.A.R - (Subject Access Request) fee and there was a standardised letter...our charges are in the t&c's...blah,blah,blah.....charges are valid,fair and enfourceable...blah,blah,blah....we would like to resolve this matter. So would I!!

 

It then says....

 

I have therefore requested a goodwill cheque payment of £370. I trust that you will find this an acceptable resolution. Please note that it may take up to ten working days for this cheque to be received

 

I hadn't even mentione danything about bank charges yet. Theres nothing to sign or say that this is a final settlement etc. So will adapt a prelim letter saying thank you for the cheque now you have 14 days to give me the rest.

 

The one comlication I have is taht the balance of this card was sold to DL&C and I have cca'd them and they have so far after 20 odd days have failed to produce any documentation. Am I still ok to chase these charges? What are th eimplications of doing both at once?

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Prelim letter now posted saying I look forward to receiving your goodwill cheque but I require full repayment! :)

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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Ok just got in and theres a message on my answerphone from A&L from the guy I spoke to about getting my SAR info. I take it he has just got my prelim letter. I basically said in my prelim that I wanted the full amount, thanks for the offer of a cheque for £370 and I look forward to receiving it but I will be reclaiming the entire lot! He wants me to phone him back. Do you think this is a good idea or I should not bother and just wait until he writes to me?

BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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If you are happy to and confident that you will not be persuaded into accepting less, then no problem....

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I won't bother phoning, I'll just wait and send my LBA as per timetable as I received a cheque for £370 this morning. No letter or with compliments slip. Was posted out before I even sent my prelim or mentioned "charges". Its good as well as if I have to put court papers in it means my claim is now below the small claims limit in Scotland and I won't have to severe. :D

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BOS

Claim No.3 for £589.75+8%, Decree received, Sheriffs Officers instructed to serve a charge 21/4!

Claim No.4:- claiming £1507.00, Court Papers submitted 5/4 !

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