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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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Default notice question - Is it defective


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Could someone please tell me if this Default notice is defective. It has a date to remedy but no date is shown for when it was written.

MonuDN.jpg

 

Also a copy of the credit agreement which I would say has no prescribed terms.

 

Monu.jpg

 

All advice welcomed.

 

Markd55

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I agree, how can the 14 clear days be calculated when no date of service is enclosed, also it it not set out in the required format.

 

If should include the following in the exact same format;

 

"IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH

 

Also the notice fails to set out the statement as set out below

 

"IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU [OR A SURETY]"

 

Yours doesn't, so tis could also render it invalid, as could the inclusion of any penalty charges in the amount being claimed.

The so called agreement is crap, is an application form with no required terms

 

 

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Hi there,

 

I am always staggered by how the 'professionals' mess these things up.

 

As I understand it they must also quote the figure so You must pay £289.00 by XXXXX date

 

The important thing is dont do anything yet - do not rush off a nah de nah letter as if they terminate they can only then claim the arrears figure not the balance unless they are the same of course. I am in this happy situation with one of my 'debts'

 

GK

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this is amazing how many companies get the DN wrong and then not learn by there errors can anyone give a reason for this as its so unbeleivable

Finally if you succeed with your claim please consider a donation to consumer action group as those donations keep this site alive.

 R.I.P BOB aka ROOSTER-UK you have always been a Gent on these boards and you will be remembered for that.

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I keep reading about the only able to claim the arrears if account terminated, but no-one seems to be able to point me into either legislation or case law that confirms this. Any chance anyone posting on this thread can?

 

Thanks

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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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I keep reading about the only able to claim the arrears if account terminated, but no-one seems to be able to point me into either legislation or case law that confirms this. Any chance anyone posting on this thread can?

 

 

Can't help you I'm afraid, however I am intrested in the info too.

 

David

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I am always staggered by how the 'professionals' mess these things up.

 

Beats me!

 

The Act came in '74, yet that agreement was produced 26 years later. You would have thought they would have got their act together by then.

 

David

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ABC refute the notion the DN was ineffective, alternatively that if it was ineffective, it was ineffective to terminate the agreement also, therefore enabling them to serve a second DN.

 

 

:lol::lol::lol: Desperation!!!

 

Also total hogwash and easily disposed of - as in fact it was.

 

David

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struggling to understand why a creditor can only claim the arrears as listed on DN :(

I have the CCA1974 s87 up in another window, but still cant see why, help pleeaase before i jump out of the window.

Advice & opinions given by spartathisis are personal, are not endorsed by Consumer 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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Keep reading - it gets better!

 

 

See what you mean, it's a cracking thread!

 

Skimmed it and wound up saving the whole thing.

 

David

 

PS - Pretty sure I have Restons coming over the horizon soon - will come in very handy.

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