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    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
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Link - MBNA


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I would like to add my experiences of charging orders.

 

I admitted a debt and a CCJ was recorded against me. I always paid what the judge had said I should. The creditor took me to court again for a charging order, I defended it but the judge ruled in the creditors favour and a charging order was placed on my house. At the time I was on benefits, my circumstances hadn't changed and I always paid what I was supposed to.

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what was the debt for and how much?

 

It was a credit card debt for 18K.

 

From my own bitter experience I know that charging orders are granted even though the debtor is paying a CCJ

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The Office of Fair Trading: OFT warns debt sector about tracing tactics

 

7. The fact that requirements have been imposed on Link appears on the consumer credit register. Download a copy of the requirements imposed (pdf 45 kb). We will monitor Link's compliance with the requirements. Any complaints about non-compliance should be sent to:

 

Enquiries

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

 

[email protected]

 

 

AC

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thanks,

 

in normal circumstances the courts will not issue charging orders simply because the creditor asks for them, especially when payments are being kept

 

however, as i suspected the argument s put forward b the creditors would undoubtedly have been to the fact that at 11 per month it would be 60 years before the debt was repaid and the chances quite high 9if not 100%) that before than time you would have disposed of the property!!

 

I'm not siding with them - i was just curious as to why the order would have been granted given that the payments were being made

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Hi diddydicky, you are right in your thinking, in my case the creditor did not like the fact that it would have taken 44 years to repay debt at the monthly amount agreed by the Judge at the CCJ hearing ( but I did state that in the not to distant future I would be able to pay in full). At the second hearing the Judge said that nothing had changed and threw the case out but told me that he had granted the creditors wishes on other occasions mostly when not defended.

sleepingdog

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good evening to all,

 

i have rec'd a response from Link regarding the CCA letter and "because they do not always hold the documentation, they have requested a copy from MBNA." They go on to advise me that this can take up to 30 days.

 

I thought it was 12 +2 days, no extras.

 

Do I now send a dispute letter to confirm my position just in case they try anything else and I am thinking that if i send one, it could be produced later if required.

 

any thoughts or comments greatly appreciated...

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i have found this on another thread (thanks to 42man) and was thinking of sending it when their 12+2 days is up, any thoughts anyone?

 

 

Account In Dispute

 

Ref: xxxxxxxxxxx

 

Dear Sir/Madam

 

Thank you for your letter of xx/xx/xx, the contents of which have been noted.

 

You have failed to respond to my legal request to supply me a true copy of the original Consumer Credit Agreement for the above account.

 

On **DATE** I made a formal request for a true signed agreement for the alleged account under consumer credit Act 1974 s77/8. A copy of which is enclosed for your perusal and ease of reference.

You have failed to comply with my request, and as such the account entered default on **DATE**.

 

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both your company and myself as defined in section 61(1) of CCA 74 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document.In addition a full statement of this account should have been sent to me detailing all debits and credits to the account.

 

Furthermore

 

You are aware that the Consumer Credit Act allows 12 working days for a request for a true copy of a credit agreement to be carried out before your client enters into a default situation.

 

This limit has expired.

 

As you are no doubt aware section 77(6) states:

 

If the creditor fails to comply with Subsection (1)

 

(a) He is not entitled , while the default continues, to enforce the agreement.

 

Therefore this account has become unenforceable at law.

 

As you have Failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, Failed to send a full statement of the account and Failed to provide any of the documentation requested.

 

Consequentially any legal action you pursue will be averred as both UNLAWFUL and VEXATIOUS.

 

Furthermore I shall counterclaim that any such action constitutes unlawful harassment.

 

Please note you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.

 

This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

 

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of your reasoning behind continuing to process my data.

 

It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

 

Should you not respond within 14 days I expect that this means you agree to remove all such data.

 

Furthermore you should be aware that a creditor is not permitted to take ANY

Action against an account whilst it remains in dispute.

 

The lack of a credit agreement is a very clear dispute and as such the following applies.

 

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.

* You may not add further interest or any charges to the account.

* You may not pass the account to a third party.

* You may not register any information in respect of the account with any credit reference agency.

* You may not issue a default notice related to the account.

 

 

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have 14 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

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If its now over the 14 days I would personally would send the dispute letter that way you are showing them that you know what your talking about. With me they produced an agreement for years before the date they said on the court papers I knew they didn't have anything in writing for the date they claimed.

DG

I have no legal training my knowledge comes from my personal life experiences

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good morning Diamondgirl

 

thank you for the reply, they have a couple of days before their time is up, my thoughts were to send it the day after that and then just sit back and wait for a response...

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Good Morning Scuba

 

What a nice day it is last day of freedom for me today I've actually managed to get a job - goodbye JSA.

 

Yes I would send the dispute letter the day after as you say and sit back and see what they can produce.

 

MBNA don't seem to have a good record from what I read on the forum and the monkeys are just as bad but a lousy co. to deal with. A weaker person would just give in to them I know how it has affected me.

 

I've not heard from them for a few weeks now so I assume they are trying to plot something. They've probably run out of bananas to throw and dummies to spit out so I suppose they've only got their feet to stamp and go stand in a corner and throw a tamtrum.

 

Have a nice day while the sun is shining.

 

DG:D

I have no legal training my knowledge comes from my personal life experiences

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Good Morning Scuba

 

What a nice day it is last day of freedom for me today I've actually managed to get a job - goodbye JSA.

DG:D

 

Yes congratulations DG, hope your first day went well:D

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Yes congratulations DG, hope your first day went well:D

 

Unfortunately it appears after 8hours not to be the most fantastic of jobs, I'm still going to look for something better I might be round the twist by the end of the week.

DG

I have no legal training my knowledge comes from my personal life experiences

Please help keep the forum alive by making a donation

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Well day 2 wasn't that much better. Anyway it's a debt elimination co. so they say. They charge you a percentage of what they get written off for you but you have to go into a DMP with them. They do PPI for you as well if you want to go down that road. Got to be given a talk through about how the debt works - as if I need to be told that. At least it's NOT a DCA. Won't go into it too much just in case they read this site, you never know. It's a job but I'm still looking.

DG

I have no legal training my knowledge comes from my personal life experiences

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  • 3 weeks later...

Good evening to all,

 

Just a quick update on recent events. CCA time limit ran out a couple of weeks ago so I sent the "account in dispute" letter along with the telephone harrassment letters (they seem to have worked, no more calls at home or in the office).

 

I have now received a letter from them acknowledging my complaint (what complaint?) and that they will contact me within the next 4 weeks.

 

Apart from that all has been quiet.

 

Thank you to everybody for your help and assistance, i'm sure that this is not the end of the matter but at least the phone has stopped ringing.

 

DG, I hope the new job is going well and you are settling in OK.

 

Best regards. . . . . . . . . .

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"DG, I hope the new job is going well and you are settling in OK."

 

Hi Glad everything is going well with you.

 

New job is absolutely xxxxxx well I can't put it here otherwise it will get editted out.

 

DG:)

I have no legal training my knowledge comes from my personal life experiences

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