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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • 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 
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Think i done a boo boo :(


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Don't bother to contact capquest, there's nothing they can do at the moment as you are disputing the debt.

:!: Activ Kapital 2009 - £316 debt cancelled due to no credit agreement

 

:!: TNC Legal Collections (Swinton) - £61 written off due to complaint being upheld with the FOS

 

:D Be Happy and treat people exactly how you would like to be treated

 

:mad: Don't let people take advantage of you and stand up for your rights and beliefs

 

:p You only live once so don't take things so seriously

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http://www.consumerforums.com/resources/templates-library/86-debt-collectors/576-subject-access-request-debt-a-dca to the original creditor.

 

Tell Capquest you want a statement of account for the past 9 years, remind them that they have to prove that there isn't a 5 year gap in payments. ;)

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ok printed that out and off to post office in a short while :)

thank you for all your help so far (and local knowledge lol).

 

edited to have this checked! have changed 77 for 78 in both sentances is that right?

 

Re:− Account/Reference Number 22811367

 

This letter is a formal request pursuant to s.78(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.78(6) will apply.

 

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.

 

I look forward to hearing from you.

 

Yours faithfully

Edited by tugmistress
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ok had a reply today

 

Dear Mrs XXXX

our client : littlewoods finance company limited

ac no XXXXXXX

balance £498.32

 

we thank you for your correspondance and respond as follows

 

we can confirm that the last payment made to this account was on 3rd august 09. therefore under the limitations act 1980 this account is not statute barred, as a period of five years or more has not passed.

 

Payment is now due in full. Please contact us on XXXXX to arrange immediate repayments

 

 

.........

 

 

ok they obviously didn't read the letter right so what do i write back please?

help :(

 

Dear Cretins

 

If you had read my letter correctly you would realise that I didnt mention the Limitation Act 1980 as it doesnt apply here in Scotland.

 

I referred you to The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6. This debt had been extinguished prior to me being browbeaten into making any payment to you.

 

yours etc

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oooh could i really get away with sending that one word for word do you wonder? lol i'd love to!

 

caithness.org rules!

 

lo tug

 

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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have you sent off the cca request? if not send it, don't sign it and don't discuss anything over the phone if they ring you.

 

i've sent off what i posted a couple of posts above :)

 

caithness.org rules!

 

lo tug

 

dx

 

lol you're right there, LO dx :)

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  • 2 weeks later...

all total bull by the looks of things

i take it , it did not have your sig anywhere?

 

now, how is the sar going - did it get posted?

 

if you get pestered, i'd write saying you make no payments between xxx & xxx so they can bug off.

just because they conned you into paying an old debt, it does restart the clock under The Prescription and Limitation (Scotland) Act 1973 Part 1 Section 6

 

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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Hi DX :)

i posted whatever was put on here :)

if i signed anything it was the original back in 1997 (according to their letter, i can't remember!)

i did recieve a letter earlier this week just saying that the account was on hold for 28 days while they found the information.

 

in todays mail ( the photo's above) there is no letter heading or anything from capquest - are these the same people?

 

and i take it you meant to type does NOT in your last sentence?

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:D Save your £10, send Capquest this instead http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter and if they provide an enforceable agreement I'll bare my ass in the church of St Leonard in Beeford. :D

 

I'm glad I don't have to do the above, it's windy up there. :D

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windy, it been raining solid now for 20hrs

 

oh and sri my not key was U/S.

 

correctly spotted

 

the sar would be useful, there nust be heaps of charges and p'haps ppi that has been mis-sold awaiting a reclaim?

 

 

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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The letter's fine. I never bother filling in the details in a PO in case they send it back....you can reuse it then. ;)

 

Send it recorded delivery and don't sign the request.

 

never thought of that have useless ones from moorcroft, (2) and IQOR and wescot god i've wasted 4 pound odd?

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I'm glad I don't have to do the above, it's windy up there. :D

 

haha i would have been willing to take photo's though ;)

 

windy, it been raining solid now for 20hrs

 

oh and sri my not key was U/S.

 

correctly spotted

 

the sar would be useful, there nust be heaps of charges and p'haps ppi that has been mis-sold awaiting a reclaim?

 

 

 

 

dx

 

well from what i remember of the original phone call off them the actual balance i owed was about £100, but with interest it added up to just over £500, i don't think i'll get anything back but i'll send off a combination of the SAR and the 'get stuffed it ain't enforceable' and see what comes back :)

 

really appreciating the help guys - i'm finally starting to get a life :)

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