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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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2 credit cards , can I get them to stop interest/write off


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Hi guys I have one LloydsTSB and One Citi Bank card that I owe money one its been going on for well over 3 years now . My question is can I get my card holder to stop the interest so I can pay off the loan or can i get them to write it off as it was done prior to April 2007

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no as such, you are reading too many of these 'claim it' sites blurb.

 

you can do it all yourself with the info & help here.

 

my first thoughts are to fire of a cca request to each and findout where you stand on 'if' the agreements are enforceable.

 

then depending upon those answers, we will move you fwd.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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incase you need it:

 

Please ammend paragragh 1 to suit. ie s77 Fixed sum credit such as loans, s78 Running account credit such as credit cards & catalogues and s79 Hire agreements.

 

 

Your Address

 

Date

 

Dear Sir/Madam

 

Re:− Account/Reference Number 4563210025897412

 

This letter is a formal request pursuant to s.77(1) of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any other documentation the Act requires you to provide.

 

I expect you to comply fully and properly with this request, within the statutory time limit. You are reminded that should you fail to comply with my request, the provisions of s.77(6) will apply.

 

(DELETE THIS BELOW IF YOU ARE SENDING THE LETTER TO THE ORIGNAL CREDITOR AS OPPOSED TO A DEBT COLLECTION AGENCY)

If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment, and places a duty upon you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor as defined by s.189. If you contend that you purchased the rights but not the duties of any agreement, you are reminded that s.189 of the Act is clear that an assignment is of both rights and duties.

 

Your attention is drawn to ss.5(2), 3(b),6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR).

 

I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose.

 

If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity, and certainly within the statutory time limit for compliance, and return the fee.

 

We look forward to hearing from you.

 

Yours faithfully

 

 

print your name

 

incase you need it

 

ida x

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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I swear in the name of God , i shall specially make some prays tonight , you both are very helpful. shall write this letter and send it off by Monday

 

 

Hopefull I shall be debt free

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  • 5 weeks later...

hi guys again , its me , I have had no reply from both Citi or Mastercard and non have sent me a copy of any term and condition

 

where do i go from here also they haven't stop charging me interest

 

 

regards

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hi guys again , its me , I have had no reply from both Citi or Mastercard and non have sent me a copy of any term and condition

 

where do i go from here also they haven't stop charging me interest

 

 

regards

 

They should reply to your CCA reques within 12+2 days otherwise you can fire off an 'in dispute' letter if you wish.

 

Secondly they arnt just going to stop charging you interest just because you ask them !..they are profit making organisations, IF you genuinely havnt enough money each month to pay them then I'd recommend getting in touch with Payplan who can help you fill in an I & E form, Ive done that and now all my cards are frozen with no interest and payment is reduced to £1 a month.

 

Andy

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Hi Andy , i am very serious , I have 4 kids and a mortage that I really can't afford , sitting down and working out every week of how many pennies are left is all i can do.

 

LloydsTSB mastercard they have charge me for late payment interest on 40 occassion now I work out that they owe me just in these false charges over well over 600 pounds

 

 

 

I have already file a dispute on the account today , so lets see what shall happen.

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Hi Andy , i am very serious , I have 4 kids and a mortage that I really can't afford , sitting down and working out every week of how many pennies are left is all i can do.

 

LloydsTSB mastercard they have charge me for late payment interest on 40 occassion now I work out that they owe me just in these false charges over well over 600 pounds

 

 

 

I have already file a dispute on the account today , so lets see what shall happen.

 

Youve used a dispute letter from the templates on here ?

 

You can claim back the card charges, this is a seperate process, bank charges are currently on hold, credit cards will initially offer to pay you back any charges over £12 (ie..£8 if they previously charged you £20) BUT you can chase them for the full amount.

 

I'd recommend you contact Payplan, they helped me greatly and as I said, I'm now paying my cards £1 a month.

 

Andy

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If they send no agreement or an unenforceable agreement, then you can stop making payments until they do comply with your request (thats IF they do). Claiming back charges etc whilst the account is in dispute could be seen as an admission to the debt, so I personally would not bother.

 

If they do send a valid, enforceable CCA, then my advice would be to send them a SAR - you should then get copies of ALL your statements. You can then work out how much they owe in unfair charges and start the process of re-claiming.

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  • 1 month later...

guys i just received today a letter from Citi and I am not sure if its a enforcement agreement or not this is what they say

 

Further to your recent request for a copy of your credit card agreement for XXXXXXXXX we enclose a true copy of your agreement with CitiFinancial Europe Plc.

 

The true copy provided includes;

 

1. A copy of the original terms and conditions of your agreement, including the original interest rates, applicable at the time of your application.

 

This copy agreement does not included the signature box , signature or date of signature as in accordance with the Regulation 3(2)b(ii) of Consumer Credit ( Cancellation Notices and Copies of Documents) Regulations 1983; we are not required to provide them.

 

2. Your current terms and conditions. Please note: the earliest dated agreement will be your original copy ; the later dated will be your current copy. The dates at the top of the agreements relates to the date that the terms within the agreement were varied from and may therefore be an earlier date than the date on which the account was opened.

 

3. your outstanding account balance as of the date of this letter is £ 3,670.79 Your account is in arrears please refer to sections 2 and 3 of the current terms and conditons which confirms when payments fall due to be paid under the agreement and the basis for calculating the amount of the payment due.

 

This completes your obligations under the Consumer Credit Act 1974 including related regulations and satisfy your section 78 request.

 

 

I have double check and there is no sign copy enclose , what further 6 months ago i have requested this information and they continue on charging me interest and bank charge one after another. is there anything I can do please , please assist me.

 

I am at the breaking point here.

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It's easier to see if the document they sent is enforceable if you scan it and post it on here - photobucket is the best.

 

They are correct that they don't need to send you a signed copy but the copy they send must be headed "Credit Card Agreement" and must contain a reference to a credit limit (it doesn't have to be a sum - just that they will set one and inform you what it is), interest rate(s) and a repayment schedule (eg £5 per month or 2% of balance). You must under the Act also have been sent a copy of the Terms and Conditions and statements.

 

As I said impossible to confirm if it is enforceable without seeing it.

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guys i just received today a letter from Citi and I am not sure if its a enforcement agreement or not this is what they say

 

Further to your recent request for a copy of your credit card agreement for XXXXXXXXX we enclose a true copy of your agreement with CitiFinancial Europe Plc.

 

The true copy provided includes;

 

1. A copy of the original terms and conditions of your agreement, including the original interest rates, applicable at the time of your application.

 

This copy agreement does not included the signature box , signature or date of signature as in accordance with the Regulation 3(2)b(ii) of Consumer Credit ( Cancellation Notices and Copies of Documents) Regulations 1983; we are not required to provide them.

 

2. Your current terms and conditions. Please note: the earliest dated agreement will be your original copy ; the later dated will be your current copy. The dates at the top of the agreements relates to the date that the terms within the agreement were varied from and may therefore be an earlier date than the date on which the account was opened.

 

3. your outstanding account balance as of the date of this letter is £ 3,670.79 Your account is in arrears please refer to sections 2 and 3 of the current terms and conditons which confirms when payments fall due to be paid under the agreement and the basis for calculating the amount of the payment due.

 

This completes your obligations under the Consumer Credit Act 1974 including related regulations and satisfy your section 78 request.

 

 

I have double check and there is no sign copy enclose , what further 6 months ago i have requested this information and they continue on charging me interest and bank charge one after another. is there anything I can do please , please assist me.

 

I am at the breaking point here.

 

It gets a bit confusing here as technically they can 'remove' the signature, next is to do a SAR request, this will cost you £10 and should provide you with the actuall signed agreement, if there is one, Id also recommend the Payplan route if you are having payment difficulties.

 

Andy

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ok lets try and help you with the balance.

 

firstly, there is nothing to stop you writing to them & TELLING them you will only be paying £XX of XX mts. if it ever got to court, no judge would ever make you pay more. i would also include a line requesting that they freeze the interest and refrain from adding charges.

 

now.

 

when was the last time YOU actually used the card?

 

my feelings are that you are over your limit solely because of the charges and the resultant interest?

 

if this is so, then you can reclaim all of those back with interest and probaly wipe a good percentage off the debt away.

 

the other thing to investigate is PPI? got that listed on you montly statement anywhere?

if so get it cancelled and claim that back.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...
  • 2 weeks later...

Hi guys sorry for the late reply , this was due to my ill health and over work trying to meet ends . just really had enough of all this. Citi Cards are still charging me interest and have been doing so since I have started this post

 

as per request by the users i have now scan all my agreements that Citi have sent to me. as far as I can tell I haven't received a sign copy as of yet. and need to know if I can get them to wirte this off.

 

there are more files to upload i need to way a way of unzipping them in iMac , should have this done by today

Citi-agPage1.jpg

Citi-agPage2.jpg

Citi-agPage3.jpg

Citi-agPage5.jpg

Citi-agPage6.jpg

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  • 4 weeks later...
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