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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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Optima Legal - a demand or not?


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If they had written letter on behalf of their clients stating 'NOTICE OF LEGAL ACTION' and then stated on top of letter BALANCE OUTSTANDING:££££ and I had not been defaulted does this mean they were actually demanding payment 'illegally' or not?

 

They go on to say 'you have failed to pay the outstanding balance on your XX account'

 

Then they go on to say may this and may that...

 

 

What I want to know is does the above constitute a demand for payment or not. It's notquite as clear-cut as another creditor who said 'pay us now'.. again before account defaulted.

 

Is stating 'balance outstanding' and 'you have failed to pay the outstanding balance' actually tantamount to demanding or asking for payment??

 

I assume they cannot do this if a Default was not made on the account?

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hiya

 

interesting as have had the same just today

 

so am bumping up for you and hope someone can help us both

 

i personally think its a bit of a try out letter but lets see

 

have you by the way requested a subject access request from mbna yet?

 

i may do that today, but as my account was originally a marbles account been bought/taken over by mbna, im awaiting on hfc to send me back my sars info,,,,hmee and so soooooooooooooon after my sars request i get these muppets sending this letter,,,,

 

anyway if i get any news will let you know good luck

 

laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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The cannot take you to court without a Default Notice having been issued which is why they are saying "may" and "might." I would drop them a note informing of this and see what they come up with. The last time I did that I never heard from the solicitors again - or anything more about the debt.

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many thanks Pinky for your quick responce - i can now relax a bit,,,hunting out all optima threads,,lol

 

no default notice as yet and mbna have not responded to my cca request from january,,,maybe a dispute letter to mbna - know i have let it slide,,,oops

 

do you have a letter you may have used in the past to help us both pls or a thread we can both go to to get the basics in our own letter that would be fab

 

have a fun day all laters angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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The cannot take you to court without a Default Notice having been issued which is why they are saying "may" and "might." I would drop them a note informing of this and see what they come up with. The last time I did that I never heard from the solicitors again - or anything more about the debt.

 

I have had the same letter today. MBNA continue to ignore CCA requests and In Dispute letters.

 

I will be writing to them today, pointing out the error of their clients ways and the offences that their client is commiting. Perhaps their advise to their client would be best along the lines of, act within the law of the land and save our fees, or is that too much like Turkeys and Christmas.

 

These seem to be just the next notch along the electronic pulp trail.

 

 

Vint

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many thanks Pinky for your quick responce - i can now relax a bit,,,hunting out all optima threads,,lol

 

no default notice as yet and mbna have not responded to my cca request from january,,,maybe a dispute letter to mbna - know i have let it slide,,,oops

 

do you have a letter you may have used in the past to help us both pls or a thread we can both go to to get the basics in our own letter that would be fab

 

have a fun day all laters angel x

 

Angel,

 

You need to send the account in dispute letter.

 

Vint

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thanks vint,,,just found i had already sent a dispute letter and they have not responded to my complaint within the same letter over 6 weeks ago!

 

what should we now do ?

 

Sorry will...... for hijacking but i think may be useful info for you too..

 

cheers angel x

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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If they had written letter on behalf of their clients stating 'NOTICE OF LEGAL ACTION' and then stated on top of letter BALANCE OUTSTANDING:££££ and I had not been defaulted does this mean they were actually demanding payment 'illegally' or not?

 

They go on to say 'you have failed to pay the outstanding balance on your XX account'

 

Then they go on to say may this and may that...

 

 

What I want to know is does the above constitute a demand for payment or not. It's notquite as clear-cut as another creditor who said 'pay us now'.. again before account defaulted.

 

Is stating 'balance outstanding' and 'you have failed to pay the outstanding balance' actually tantamount to demanding or asking for payment??

 

I assume they cannot do this if a Default was not made on the account?

 

Will,

 

There is a set proceedure that they have to adhere to. This is just the treat machine at work and is realy wrong of them. I will try and put a letter together today and send it to you and Angel in a PM. They are breaking a lot of rules with these threats, but I need to track down the relevent information on the site, unless Pinky can point the way. There are rules against threats of charging orders and worse.

 

Part of the letter basically states that they will freeze interest and reduce the debt, but this is your final oportunity. Sounds like they have no agreements!

 

Vint

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hiya Vint

 

huge thanks will look out for your pm for the letter, yes i agree they are losing the plot and my initial gut reaction when i read the letter was they are hoping to get a ccj by default, ie we dont defend and then get charging order.

 

i am awaiting on my sars anyway but your letter would be good for the time being,,, kind of puts them on a hop and then see what they throw back at us,,,

 

will check in later again huge thanks and pinky has helped me in the past too

 

laters angel x:D

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Will/Angel,

 

As usual, Citizen B points the way.

 

Letter below.

 

Letter to solicitors threatening legal action / in default of agreement request .

A letter when solicitors are threatening with legal action whilst a company are in default of your request for your agreement.

 

Dear Sirs

 

I refer to your letter of XXXXX 2008, the content of which is noted. No debt to your client is acknowledged.

 

On (date) I made a formal request to your client pursuant to s.78(1) of the Consumer Credit Act 1974. They have failed to comply within the statutory time limit, or at all. It should not be necessary to have to remind solicitors that the provisions of s.78(6) now apply.

 

In the circumstances, your/your clients threat of legal action would appear to be a breach of the Consumer Protection from Unfair Trading Regulations 2008 and the Office of Fair Trading Guidance on Debt Collection. Should you or your client bring proceedings, they will be robustly defended, and the Court's attention drawn to the above statutory breaches . Furthermore, I reserve the right to bring the conduct of your client to the Court when the issue of costs is being considered.

 

Yours faithfully

Print name do NOT sign.

The Consumer Forums - Debt collectors

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/150365-optima-legal.html

These 2 links worth a read.

Vint

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Again huge thanks

 

im also be sending copy of the letter to my MP as the debate of over 6 months ago ref charging orders for unsecured debts is rearing its ugly head again, i got a reply from jack straw dept the other month, will be posting up a thread later

 

purely threats and will be complaining to oft too

 

all in all good stuff and fully reassured by all your efforts thanks

 

laters angel x

 

keep positive will,,,,, its all about self learning and getting your facts right and learning about the law;)

Im happy to help with support and my own thoughts, but if I offer any thoughts to your problems please take it as from my life experience only and not of any legal standing. Always take further advice from the legal experts in your final action.:)

 

my new motto is,,,",Taking back control of your life and home - such peace is priceless"

 

This is all due to truecall device , have a serious peek at this you will be thankful like I am x laters angel :D

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Again huge thanks

 

im also be sending copy of the letter to my MP as the debate of over 6 months ago ref charging orders for unsecured debts is rearing its ugly head again, i got a reply from jack straw dept the other month, will be posting up a thread later

 

purely threats and will be complaining to oft too

 

all in all good stuff and fully reassured by all your efforts thanks

 

laters angel x

 

keep positive will,,,,, its all about self learning and getting your facts right and learning about the law;)

 

Well put Angel and don't forget the fun!!!!!!!!!:D

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Hi Guys

 

Ive also had the same letter today.

 

I have scanned it onto my thread. "Toxic Vs MBNA"

 

I have already replied via special delivery with a 'account is in dispute' letter and told them I am forwarding their letter to my MP as they are threatening a charging order which is now frowned upon by judges after a commons debate on the matter -28th October 2008 - of 'trivial debt' (unsecured loans) left on record that this was unfair, if not unlawful.

 

Toxic

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I complained to my MP who thought he was being helpful when he suggested I complain to FOS. Same reply when he got a reply from the Ministry person.. ie complain to FOS.

 

no use really although I did get better response when my MP was writing to MBNA. Just did not want to give him too much hassle at the time but I think issues are about to boil over very soon .. another letter I think is due soon to update him

 

Thanks for all advice as above. Keep up the good bumps!! :)

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