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    • Ah I see what you mean. That is unfortunate, but guess there's little I can do then. Thanks very much for your help!
    • OK I sent CCA request on Monday 7/6 recorded delivery with a postal order uncrossed with £1 stating on the back that it didn't go towards any alleged debt.   Wednesday 9/6, received the postal order back from Arrow with a cover letter saying they no longer charge a fee and 'we will respond as soon as we can'   Then on Friday 11/6 morning a letter dated the 10th (they said if we didn't hear back from you by the 11th) I got a letter of claim from Drydens saying 'if you do not provide proposals to repay, legal action may be issued in the county court'.  Along with 'you have 30 days to respond'. Attached is a printout of an income and expenditure sheet.
    • Your attachment was viewable in your first post.   Does the issue you mention with the wallpaper/slight stain really constitute a breach ?  Is it significant enough ?   The wallpaper was probably applied before the wall was properly dry.  But the other possibility, is that the tenants did not open windows regularly to ventilate the room.  It is important for windows to be opened or put into a vent position on a regular basis, to ensure that moisture is allowed out.   If the tenant had clothes drying in the house, with baths/showers being used etc, this may have helped cause the wallpaper peeling  and the damp stain.   Today has been a lovely Summer day in many parts of the UK, so the tenants may not be as quick to respond.  Same issue with replies to this site, so you might get other responses later.   The tenant is unlikely to try to pursue you for the matress or health issue they say is caused by a damp issue.  Unlikely to have sufficient evidence and their own actions may be the cause.   They are most likely deciding whether to complete work in the garden or not.   You are within your rights to hold onto the deposit for now, until the reasonable request to return property to pre let condition is completed.    
    • Oh Yorky, I'm so sorry you're still having trouble with your dad's hospital.   I can't believe they are still being so awkward, I sometimes think they (companies in general, not just hospitals) forget that we put ourselves through this stress and worry not because we want to, or even because we have to, but because we want what's best for our loved ones.   Their advice for you to deliver the form in person is at odds with the advice on their own website stating that visits have been suspended due to Covid. I mean, I would understand if someone wanted you to drop off clothes for your dad, but a piece of paper? Which could end up anywhere? That's... crazy.   I don't know if the following link is worth a try or whether you've been down this road, but the hospital website has details of all the consultants Consultants | North Tees and Hartlepool NHS Foundation Trust WWW.NTH.NHS.UK If you want to find out details of our hospital consultants and contact information you can search for them in our A-Z. obviously you'll know your dad's consultant name, but the phone numbers on there, are they ward ones that you've tried before or do they look different?   That said, even if you are more successful with that, definitely still get PALS and as much senior management on board as you can with a formal complaint. You shouldn't have to go to such lengths to get hold of the right people and for the right information, especially at such a stressful time.   You point out that you remember you're doing this for your brother and your dad, which is the best approach. I'm sure they, in their own way, know that you are pushing yourself and pushing the hospital for an outcome as you are is because of them.   I know it's easy for someone on the internet to say "look after yourself", "do this to help with stress" etc, but if you do feel you need extra help with dealing with your stress/worry, please don't be afraid to seek help from a doctor yourself. A "well" you is the best sort of support for your dad and brother.   I wish I could offer more support and I'm sure that if anyone else of the CAG community has any other suggestions, I'm sure they will come here and let you know.  
    • Ok update.  I have spent the last week or two, trying to get help from the Staff Nurses and Matron, regarding the Consultant or someone to have my dads lack of capacity documented, either their own paperwork or me sending COP3. I   they have informed the consultant looking after my dad, who at this moment is sounding very ill, with medical issues on top of delirium and confusion, he is apparently having blood transfusion bag things. not eating and drinking. I have even spoken to the consultants secretary to explain the urgent matter and to have the consultant contact over the last few days WITHOUT SUCCESS, conversion ended today with its a legal form can I take it into hospital personally, er..I dont drive and Im in Northampton, Hospital is Stockton on Tees.    the nurses cant help need to speak to consultant!!!!!!! conversation ended with well I will complain to PALS, GMC secretary of Health or whoever......reply was looks like it then?   I have just compiled a 3 page letter [well e mail one] sent to PALS, I will follow up with a written one and to whoever else I can contact.   I need this medical form before I can do anything else with court or appointee   anyone have any ideas cos Im now at my gasping point, wondering why the hell am I taking on all this stress and worry, then I think of my younger brother, and that reminds me why I am doing it and doing it for.
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MBNA Ignore request of reduced payment and Default


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First of all, I apologise for any naivety you might find in this post, I am a real novice when it comes to this and I am sure it will show - here is the story.

 

My father took out a credit card with MBNA at least 6/7 years ago after being approached in Homebase, he made regular account payments up until the middle of this year. After some major surgeries his circumstances changed and was left blind and partially deaf and like many, in the current climate was left struggling to pay outstanding bills - he missed two payments of his credit card and was then unable to "catch up" with further payments. I contacted MBNA with regards to his £6,500 debt and explained the situation, made clear that I had permission to discuss his account (it was signed by us both) and I sent a goodwill payment with the agreement that it was the first payment of an offer of £40 monthly to make an attempt to pay what was owed. (this was from a joint account owned by myself and my father, another assurance that I was who I said I was)

 

In the letter, because of his physical impairments and disabilities I made very clear that they needed to ensure that all further correspondence was by mail - that way I can read to him (albeit very loudly) what was going on, I also made clear that the 10-15 telephone calls daily were distressing to my pensioner mother who repeatedly told them he was unable to come to the telephone.

 

a few weeks later we received a response, with another form to sign giving me permission to act on the account, that they were unable to process anything at my request until that was done. The letter was again signed by us both and sent off.

 

Since then the phone calls have continued, as have the mounting bills, no formal response has ever been sent in reply to my request for an agreement to be made. My father received a letter this week telling him that he had until 17th December to get in touch with his "Account Manager" by telephone and that the account has now defaulted.

 

I really need to know where I stand, They are ignoring the situations I explained to them in the letter, I do not have the money to pay - do I call and press again with a reduced payment or do I ignore and attempt to get a CCA? do I have time to get a CCA before this is acted on?

 

I really am at a loss as to where to go from here, please help.

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hello there.

 

Welcome to CAG

 

Send them a CCA request immediately and by Recorded Delivery.

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/581-cca-request-letter

 

Also you may wish to send them the Telephone harrassment letter -

 

Dear Sirs,

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

You are reminded of the following under The Administration of Justice Act 1970.

 

Section 40 of the act provides that a person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under contract, he or she:

 

(a) harasses the other with demands for payment which by their frequency, or the manner or occasion of their making, or any accompanying threat or publicity are calculated to subject him or his family or household to alarm, distress or humiliation;

(b) falsely represents, in relation to the money claimed, that criminal proceedings lie for failure to pay it;

© falsely represent themselves to be authorized in some official capacity to claim or enforce payment;

(d) utters a document falsely represented by him to have some official character or purporting to have some official character which he knows it has not.

 

I am of the view that your harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

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 OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Further to this all calls from your Doorstep Collectors must also cease unconditionally and with immediate effect. I note that there is only an implied license under English Common Law for certain people to visit me on my property without express permission; the postman and people asking for directions etc (Armstrong v. Sheppard and Short Ltd [1959] 2 Q.B. per Lord Evershed M.R.).

 

Take note, I revoke license under English Common Law for you, or any of your representatives to visit me at my property and if you do so without my permission, you will then be liable to damages for a tort of trespass. You would also be conspiring in a trespass if you sent someone to visit me nevertheless. Any trespassers you attempt to send therefore will be dealt with accordingly.

 

Be further advised that any further telephone calls from your company will be recorded.

 

 

Yours faithfully,

Print name do not sign

 

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Any advice & opinions given by supasnooper are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability.

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