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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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hbos default notice


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hi guys, hbos sent me a default notice on the two accounts i have with them. i refuse to pay the mental charges they are adding at present. they sent a default notice on the 12th of july asking me to settle the arrears before the 8th of aug. giving me 28 days, i recieved two letters today terminating my agreement for both accounts and it being passed to dca.

they have not allowed me the specified timescale as the notice describes. does this invalidate the default notices and only allow them to the arrears and not the overdraft? any help of what i say to them would be a great help

 

thanks

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any advice would be great. there is only 13 days between the dates on the default notice and the termination letter, but the default notice gives me till 9th aug, what can i do??

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I received something similar from Halifax for my CC with the letter of termination received halfway through the period to rectify the breach.

 

I accepted the end of the contract,they denied sending the termination letter.

 

Ping pong letters and phone calls.

 

Their currant position is.....

 

''We might have sent that letter but we didn't default the account for another 3 months so that letter means nothing''

 

Yeah,right.

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I would send them the letter accepting their termination asap.

 

A DN is a legal document and not some scare letter, that the banks can send out on a whim.

 

They need to give you 14 clear days to pay the arrears, if it was dated 12th July then even if they posted it 1st class you wouldn't have got it till 14th (16th if 2nd class) and the 14 clear days would take it to 28th July (30th if 2nd class) have you kept the envelope? In any event, terminating the agreement on the 25th simply didn't give you the required time of 14 clear days.

 

I would get the acceptance letter off, before they can make any attempts to send out anything else to try and rectify their mistake.

consumeractiongroup.co.uk

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i have the enveloves. no date stamp on them though, ill get the letter posted tonight. so what would the next move from the bank be? i take it i can get that default removed since they made a mess of it lol?

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  • 2 weeks later...

hi guys, just to update. sent letter to hbos accepting thier early termination. i got two letters to today from albion asking for the whole balance on both accounts, (over 2k). i see they added charges on at the end of the month even though they had terminated the account by then, annd got two statements as well. do i reply to albion or sit tight and see what the banks next move is regarding the early termination etc??

i assume the bank is only entitled to the arrears since they made an ass of the default notice and termination?

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Yes once an account has been terminated they can't add anymore charges, as for Albion, that is their own In-house collection arm, so it is still with the bank.

 

You can quite happily ignore their letters, I'd just write back and ask them would they like you to pay the arrears over a period of time to suit you or do they want it all in one lump sum?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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thanks for the reply. so am i correct in saying they have just made a fool of themselves and not eligible for the overdrafts? only the arrears. ihave been reading as much as i can about default notices and early terminations etc but i am still a bit unclear as to where the bank stands regarding getting the money back since they terminated early etc. sorry for being a bit thick lol

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  • 1 month later...

hi again. i have sent letters accepting the early termination to hbos. been getting the weekly albion demand letters through. i have also offered what i think i can afford every month but they are ignoring that.

today i recieved a letter telling me that if i do not call them within 24 hours of recieving the letter they will start legal proccedings against me and send collectors round to my house to collect the debt. I find this quite good since they 1- never gave me enough time to remedy the breach and 2- they terminated the accounts before the 14 days were up. i have all the copies of the letters.

They are that silly they even sent me a letter the other week telling me that from xx/xx2010 your over draft will remain at £xxxx. the accounts are closed by themselves. are they just being really thick on purpose?

 

I have already told them that if they take me to court i will file a counter claim for unlawfull rescission. have i said the correct thing?

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So you have acknowledge their unlawful rescision, in writing? And have kept a copy of it?

Don't believe they will chance this in court......wait for better solid advice, my heads not working properly at the moment so wouldn't want to advise, not sure if you should pay them the repudiated amount (Arrears) or ignore....:noidea::bump::bump:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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hi all. quick update.

albion have now sent me quite a nice letter asking me to contact them to talk over my income and expenditure in more detail. i have not provided them with a i&e form so i dont know what details they want to discuss. they also reccomend i review the direct debits and standing orders on the accounts and keep a close eye on them to not get charges ( both accounts are terminated by hbos ) and do downgrade i im paying an account fee for the reward account (they also closed that months ago but on reading the latest statement yesterday i see they are still taking a monthly fee from a closed account.) they are a mighty strange lot.

 

i have already made a offer of what i can afford and they want to talk now.

i have told them the defaults they sent out are crap. do i just tell them thats all i can give them for the arrears every month and thats final? within a week they have threatened door collector, possible legal action then changed their tune and sent a nice letter lol. classic

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In a nut shell, your the one in control, you hold the purse strings not them, peoples circumstances change, so you tell them what it is you will be paying, if they refuse, pay it anyway, BUT it must be by standing order, do not entertain ANY direct debit OR cheques, if they don't like it then that is their lookout, they will find it nigh on impossible to get a DJ to agree with them that you can pay more when you can't.

 

Don't entertain the fools over the phone, all you will get is a phone drone, who works on commission and even agreeing to pay him £5 there and then, will only go in his pocket, apart from that, they ALL tell lies, and have no idea of the world we live in, they are only driven by their greed...

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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  • 5 months later...

hi guys, quick update.

any offers of repayment of £25 a month to albion was refused. so i gave up with contacting them, they would not give me the details i needed to det up a standing order.

had no contact for 4 months now. until a letter from moorcroft arrived asking me to contact them regarding the hbos accounts. considering the unlawfull termination of both accounts im a bit confused on what to do next. do i contact moorcroft or just sit tight? could anyone give me advice on a letter to send?

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