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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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Hi all,

 

I have a couple of issues and I wondered if you could all help me. I have read through many pieces of advice in the CAG and I have now come across 2 problems I have noticed with my own credit report:

 

Problem 1:

 

I have just updated my address and all of a sudden my Experian Credit Report has been landed with 2 debts from over 2 years ago from a previous property I moved out of at the same time.

 

Now my issue is this. There are 2 defaults from a company called Robinson Way whom I've never heard of or dealt with.

All my bills were paid up but these defaults just randomly say Public Utility not very helpful.

 

Now I've not hidden myself away and these people could have got hold of me at my last address which they've not done if there was an issue.

 

How can I be in default when I've had no credit with these people?

 

Any advice greatly received.

 

Problem 2:

 

I paid off an outstanding debt to American Express via SRJ Debt Recoveries, they gave me a settlement figure which I paid and I also have a recording of the phone call which clearly states "This is in full and final settlement of the debt".

 

Now I see on my Credit Report that it's still showing as default just a reduced amount of debt. I paid this debt off, or so I thought, over 2 months ago.

 

So I'm not best pleased as you can imagine.

 

What are my options here?

 

Many thanks for any incoming assistance it is truly appreciated believe me.

 

Thanks

 

Stoss

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Hi Stoss...and welcome to the CAG forums, the first thing to do is to write to them with your dispute and ask them to remove the adverse data/enquire what the alleged debts are for.

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Robinson Way are debt recovery agents who are probably chasing a gas, electricity or water bill. Now you've accessed your credit file and probably updated your address they'll no doubt be in touch & that's when the fun begins. When they do send this letter http://www.consumerforums.com/resources/templates-library/86-debt-collectors/573-general-debt-letter-if-you-know-nothing-of-the-debt.html

 

With the Amex you have forgotten to negotiate that they remove any adverse data from your credit file. You could write & ask them to update it as settled, but I wouldn't hold out much hope I'm afraid.

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Thanks for the input so far.

 

With regard to Robinson Way starting a lovely campaign against me with new details I find that abhorrent, but not much I can do about that I guess, the main issue is that I spend most of my year away overseas working so these muppets can't be dealt with easily via post as I'll not be there to see any correspondence for a number of months. The amounts aren't even large but the default dates don't correspond with any dates I have for leaving the property.

 

cerberusalert:

"With the Amex you have forgotten to negotiate that they remove any adverse data from your credit file."

What adverse data do you mean? Sorry for not understanding what you meant but I couldn't see a great deal other than Default on my Credit Report.
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Another question regarding the Amex issue, is it worth me speaking to SRJ as to why they've not cleared the debt off and let them know the call was recorded. Or do you think it's better to speak directly to Amex?

 

Thanks again.

 

Stoss

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The default is the adverse data

 

Recently had a set too with another DCA and agreed a payment plan but one of the conditions was to remove the default which they did

 

is it possible to do this? I was under the impression that once you've defaulted that's it there for the next 6 years? This debt was from a while ago and it's taken me this long to get back on my feet!

 

To be honest I'm not that bothered about the defaults as I don't need any credit nor will I in the next 6 years!! But if they can be removed that would be even better!

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Thanks for the help and information so far.

 

With regards to Amex /SRJ is there a particular format I need to use for the letter to them? Do I need to make any quotations law wise etcetera?

 

With regards to Robinson Way I shall wait to see what is in the post when I get home if anything and ask them to remove the adverse data and clarify what the debts are they are claiming for.

 

Are these DCA's just allowed to put default notices on my credit report even though I have no credit agreement with them?

 

I am very frustrated as I've not tried to shy away from any debt and to have some landed on my report that are clearly not even vaguely correct is very worrying for me! I thought I was almost debt free and this happens.

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Thanks for the help and information so far.

 

With regards to Amex /SRJ is there a particular format I need to use for the letter to them? Do I need to make any quotations law wise etcetera?

 

No keep it in laymans terms

 

With regards to Robinson Way I shall wait to see what is in the post when I get home if anything and ask them to remove the adverse data and clarify what the debts are they are claiming for.

 

Are these DCA's just allowed to put default notices on my credit report even though I have no credit agreement with them? By them buying your debt or getting it assigned they seem to think that they have the same rights has when you took it out with the OC

 

I am very frustrated as I've not tried to shy away from any debt and to have some landed on my report that are clearly not even vaguely correct is very worrying for me! I thought I was almost debt free and this happens.

 

PGH7447

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Hi,

 

Just a quick update to this thread. I've got in my possession a letter from SRJ saying:

 

Thank you for your letter dated -- --- --- and we acknowledge receipt of your payment in the sum of £xxx in settlement of the above amount.

 

We can confirm that, subject to clearance, our files will now be closed. Thank you for your assistance in this matter,

 

Your sincerely

 

Signed as SRJ

Now what should I do? Clearly SRJ are in agreement that the debt is settled, is the issue on the Credit Report a case of waiting for Amex to update the account or are Amex trying something on?

 

Thanks

 

Stoss

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if you had the default before you paid them of then hey are not obliged to remove it, you could write to them and ask or has I said earlier write to the cra and get them to add a note that it is settled in full

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if you had the default before you paid them of then hey are not obliged to remove it, you could write to them and ask or has I said earlier write to the cra and get them to add a note that it is settled in full

 

Thanks PGH7447,

 

The SRJ/ Amex issue is only I want them to mark on my Credit Report that the debt has been satisfied, not to leave it open and marked as not being satisfied. I can live with the default for now! :)

 

I was just querying what would be the normal procedure in these circumstances, clearly I want to get myself back into something resembling a normal credit report as soon as possible and if the debt is remaining as not satisfied it's not helping my cause! lol

 

I will write to the CRA and ask them to put a note on this debt as you say, as I'll not get any joy otherwise I'm sure.

 

Thanks for your help so far, it is appreciated.

 

Stoss

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  • 2 weeks later...

Hi CAGers,

 

I am about to send this letter off to Robbing Sons Wart. Would any of you be so kind as to give it a once over to see if it's acceptable?

 

Basically I don't want to wait any longer for some contact from this "DCA" and I want to bring the matter to them directly even though I have no reference, they have found it acceptable to place the defaults last August. But not necessary to bother once contacting me about the alleged debts.

 

Thanks to Cerberus Alert for the link to the letter. I have modified it slightly to suit the circumstances applicable to me.

Anyway letter below:

 

Dear Sir/Madam,

 

Having accessed my Credit Report recently I was alarmed to see that your company has placed two defaults on my credit file, both of which have only appeared this month.

One default for XXX for a “Public Utility”.

A further default for XXX also for a “Public Utility”.

 

I would point out that I have no knowledge of any such debt being owed to Robinson Way.

I would also like to point out that at no time has Robinson Way made any attempt to contact me about this debt.

 

I am are familiar with the CPUTR 2008 and the Office of Fair Trading's Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question, further I would also expect you to remove the adverse data that you have placed with the various Credit Reference Agencies. For clarification that is the defaults Robinson Way applied on the 1st of August 2008 in both cases.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office of Fair Trading of your actions.

 

I look forward to your reply.

 

Any feedback is greatly received. One more step towards being debt free!! :)

 

Stoss

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Harrassed Senior,

 

Thanks for spotting that typo :), we wouldn't want to step down to the DCAs normal level of spelling and grammatical errors.

 

Cerberus Alert,

 

Thanks for giving it the once over and the previous links. :)

 

I'll keep you all posted as to what I get back in the post!

 

Cheers,

 

Stoss

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  • 2 weeks later...

Hi CAGers,

 

So I duly despatched the letter to Robinson Way, they have responded and they were kind enough to send me my original letter back for some reason.

 

This is from the hand written letter I got:

 

We are unable to locate your account on our files, please supply our reference

number. This can be found on the right hand side of our letters below the amount

due. If you do not have our reference number please supply additional information

that may assist us further. Your letter has been enclosed.

This was hand written too:

 

Please send us copies of your defaults or the addresses that the defaults are registered against.

 

Yours sincerely (not signed)

 

So appreciating that the address I live at is not the same one that they have registered the default against, is it small wonder? I've never had any correspondence from these people!!

 

Can anyone suggest my reply to these people?

 

I mean if they can happily register a default, why can't they find me on the system?

 

As always thanks in advance for your time.

 

Stoss

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just report them for being idiots

 

PGH,

 

The thought had crossed my mind! I'll wait and see what they come back with.

Here's my next letter to Robbers Wart:

 

Dear Sir/Madam,

 

With regard to my original letter, dated the 29th of May, my letter still stands and is attached once again for your files. My correspondence was for you to keep, not for sending back to me.

 

With regard to your communication dated the 3rd of June, the address at which you have applied defaults against and linked to my credit report is:

xxxxxx

xxxxx

xxxxx

 

As I stated in my original correspondence I have never been contacted by you. Therefore have no references numbers or copies of defaults to supply you as you requested.

 

Anything that you produce and allege is owed by me to Robinson Way will be disputed once I have some details from Robinson Way of the alleged debt.

 

I am disappointed that you have been unable to locate my “Account”. This exacerbates my view of your company conduct that you can place multiple defaults on my credit report and not be able to find any details of this.

 

I wonder if I would have ever have heard from Robinson Way had I not checked my own credit report.

 

Putting my own views aside at this point, due to your swift response to my original correspondence regarding this issue, I am hopeful that this matter will be resolved in a timely manner.

 

Regards

 

Mr Stoss!!

 

What do we think of this letter? Will I get any further? I'll no doubt get something back, but I'm already warning them I will dispute anything they send me.

 

Thanks,

 

Stoss

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I would also send robberway's letter to the cra and tell them that due to them being unaware of this account the data held is incorrect and you want it removed now, or you will report them to the relevant authorities

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PGH,

 

Thanks for the support. I'll be kicking off big style with this one as there is no debt here, just something made up from years ago. Very infuriating. I've been in debt yes, but I've sorted all of that out now. All I've got to do now is clear this gash effort of a DCA up and I'm on my way to normality!!

 

I'll send my letter and see what happens.

 

I'll speak with the CRA in due course.

 

Cheers,

 

Stoss

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