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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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HFO Services Problem


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Hi All,

 

I have noticed a lot of people having issues with HFO Services and I am having a similar issue with them. My father signed up to a mobile phone contract with 3g about 18 months ago from a young woman who knocked at his door.

 

He is 67 years old now and even at the time didn't realise what he was signing up for, when the phone came I noticed it and realised what had happened and tried to return it, the company said it couldn't be returned as it was out of the returns date it took 6 weeks to arrive in the first place.

 

Before last November he started receiving phonecalls from a woman whose name I have threatening him with prison if he did not pay which worried him. I spoke to the woman and told her to stop phoning him as it was harrassment.

 

In January he had a stroke and is now housebound, the phonecalls have started again and again they are threatening to say the least. As you can imagine this is causing him stress and I am trying to find out how they can be stopped, I did explain that we wanted to send the phone back but they would not take it. I also told them he had recently had a stroke and this is really causing him problems.

 

They have now got my works mobile number and have started ringing me on that. They have also sent a letter which I haven't seen yet but will do in a bit as I am going to see him.

 

Any advice on what I should do would be appreciated.

 

Thanks

 

Chris

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Someone will be along with more advice regarding the mobile phone side of things, but don't speak to them on the phone, if they call either of you say "in writing" and hang up. They can't put anyone in prison, they would never put such a threat in a letter.

 

Hopefully you'll realise soon just how little they can do.

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I have just seen the letter and here is what it says.

We have contacted you several times in the last few days in order to help you resolve the above mentioned debt. However we were unable to reach a mutually agreeable resolution. Now that we have verified your whereabouts and because you have failed to resolve the debt, your file has been transferred to HFO Pre-litigation for investigation in anticipation of legal action against you.

 

We can confirm that your account has been qualified for litigation, and that if you do not contact us within seven days of this letter, your account will be forwarded to our panel of external solicitors. We will instruct our solicitors to sue you for the entire balance of £61.00. The cost of litigation, solicitors costs and accrued interest (where applicable) will be added to your debt. This will result in a minimum extra charge to you of £112.

 

If you take no action and we obtain a county court judgement against you, we will instruct our solicitors to enforce in the most appropriate way. \this may take the form of a warrant of execution, under the terms of which court-ordered bailiffs will call at your property and seize assets, which will be sold at auction to pay your debt. Alternatively, we may apply for an attachment of earnings order, in which case the court will order your employer to make deductions directly from your salary in order to pay your debt to HFO.

 

HFO does not write off debts that it purchases and we can assure you that your problem will not go away unless you contact us in seven days.

 

I realise that the sum is a small amount compared to others and he has asked should he just pay it but I feel that he was tricked into purchasing the phone in the first place and their behaviour and lanbguage has been shocking. Any advice still appreciated.

 

Tar

 

Chris

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Personally, I would make a personal visit to Trading Standards armed with all correspondence. In the meantime, send the Telephone Harassment letter, it would do no harm to copy in OFT again sending a copy of the letter you have received.

 

You should find Telephone Harassment letter in the general templates library.

 

This bunch are the absolute pits of DCAs.

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Send them this for the telephone harassment.

 

- HARASSMENT WARNING -

WARNING; PROTECTION FROM HARASSMENT ACT 1997;

WARNING; COMMUNICATIONS ACT 2003. s127.

Telephone Number: {you’re Telephone Number}

 

Re: Harassment by telephone

 

Dear Sir/Madam.

 

I am writing in relation to telephone calls that I have received from your organisation, which I deem to be personally harassing. I have verbally requested that these calls stop, but I am still receiving call. I now require the telephone number listed above to be completely removed from your systems.

 

I am in the view that your continued telephone calls put you in breach of the Protection of Harassment Act 1997.

 

This is a private telephone line, operated on a contract with the intention of receiving and making personal phone calls, I have not authorised any other member of my family to receive calls from your organisation using this PRIVATE TELEPHONE LINE.

 

By using this telephone number without my permission you are interfering with my ability to use my own private property for the duration of any call.

 

It is my right to require that this telephone line, which is licensed solely to me, is kept clear for my own personal calls.

 

It is consequently my view that you are committing the tort of interference with contract insofar as for the duration of each call you make to me without my permission, you are interfering with my contractual right to receive and make personal calls on my private telephone line.

 

Continued interference with my contractual rights in this manner may result in legal action.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to the Office of Communications, Trading Standards and the Office of Fair Trading, meaning that you may be liable for a substantial fine.

 

Be advised that all telephone calls from your company will be recorded. (include this even if you do not have a telephone call recorder)

 

Yours faithfully,

 

 

Then send this to make them prove the alleged debt.

 

(Name & Address)

 

Dear Sir/Madam,

 

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY OR ANY COMPANY YOU CLAIM TO REPRESENT

Account no/Reference:

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to the (Name of Company) or (Name Of Debt Collector).

 

I am familiar with the Office of Fair Trading Debt Collection Guidance 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. 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 further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to the trading standards department and consider informing the OFT of your actions.

 

I look forward to your reply.

 

Yours sincerely,

:cool::cool: Blondmusic :cool::cool:
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Get your father's MP on the case. HFO are very well known on here for the appalling attitude and downright untruths used by their staff. They are talking bollocks when they threaten anyone with prison . Indeed they are the ones committing criminal offences (allegedly). These Cretins need taught a stern lesson and only by reporting their bullying to the OFT, Trading Standards, your MP and the media can you get rid of these parasites.

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I have made a report to the OFT and will send these letters straight away, again thanks for all your help, this website is a godsend to people.

 

Keep up the good work.

 

Thanks

 

Chris

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