Jump to content


  • Tweets

  • Posts

    • Banks have different limits above which they require Probate. So it may be Probate is not needed, although as he died with no Will that could complicate things. Is all the £28k with Virgin Money? Your wife should contact all banks who hold his money with the death certificate and ask them what they need to release the funds to her. Most banks have a central "bereavement department". Check their websites. Use that department rather than general call centre or bank branch if they have one. Nearly every bank website has a section on "what to do when a customer dies" so have a search for that. Your wife may also have to provide evidence that she is his daughter. When his wife died it sounds like they had a joint bank account so that's why her money just went across to him. But as it isn't a joint account now transfer to your wife won't be quite that simple.  
    • 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.  
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Hoist/? Claimform 2008 abbey credit card 'debt'


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2969 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

don't waste your time

we've all see the threat-o-grams before

 

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... 

Link to post
Share on other sites

  • Replies 303
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

you are right

 

you have probably seen them all before,

 

just waiting for the next one to arrive.

 

By reading some of the other threads about CSL hubby is expecting a pink letter to drop anyday now,

 

as they have written given us the last chance.

 

Wil it ever end.

 

We have the task of going through the sar this weekend,

 

when it arrived it was terrible with NO notice of Default not to mention no letters of assignment,

 

so would have to presume that this account is still with santander and has not been sold on?

 

fdao

xx

Link to post
Share on other sites

they don't HAVE to send any physical paper copy

all that has to be shown is that they was probably sent

i'e a log from an automated system

 

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... 

Link to post
Share on other sites

well that makes us feel just great,

 

this account had been passed from pillar to post and by what you are saying

Santander only have to show a log?

 

whats the point in sendig a SAR?

 

if they dont have to provide anything?

 

despite all the letters we have written?

 

may aswell just wait for the cout papers, begnning to feel hopeless.

Edited by Feelingdownandout
typo
Link to post
Share on other sites

to be honest this has been going on since june last year and nowt has actually happened.

 

you have got to accept you are on a phishing list

 

its time to totally ignore everyone now

 

if they were going to court they'ed have done it by now.

 

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... 

Link to post
Share on other sites

Would this not be more appropriate in the DC forum DX considering theres not even litigation yet?

 

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

yes

i think it came from another thread that was already in legal

 

moved to DCA general.

 

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... 

Link to post
Share on other sites

Have 1st Credit advised you that they are now the owner of the account ?

 

In 2009 1st Credit were censured by the OFT for pretty much what they are doing today lol. Apparently they were to report back to the OFT every 6 months .. in respect of those people they had threatened with Court action/bankruptcy and how many they had actually taken to court and got judgments against.

 

I havent read through your thread so can you please give us a summary of what has happened to date, please :).

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Hi CitB I

 

n summary acct was with Abbey (now santander),

was passed to 1st credit

then to connaught,

then to wescot,

 

not to mention Howard Cohen

 

now to CSL.

 

have sent CCA but was sent recon T&C's, sent prove it letter to Wescot

 

who put account on hold for a week then passed to someone else for chasing,

 

had sar back which was poor to day in the least,

 

now getting threatening letters from CSL which have us worried,

 

debt is for approx £1900,

 

CSL sent a part settlement offer offering £300 off if paid by todays date,

 

which of course we have to pay (not).

 

in a nutshell thats it. sad really arent we. :-(

Link to post
Share on other sites

its approx £1980.00 and yes Ithink its been defaulted by abbey. no CCA as yet, just been avoiding it, and offered £50 per month and they refused unless he made a down payment of £400.00, 1st Credit then sent it to Connaught, which I have found out is the same company, and I have avoided them to be honest. The last letter was saying that they were preparing court papers, so god knows what comes next.

 

I see this thread first started in June 2010 and as dx has said.. although you have been threatened with court many times, this hasnt happened. It begs the question why. So I looked back over your thread and noticed you had made an offer of repayment and it was refused.

 

I guess if you want to, you could respond to whoever, advising that you had made an offer to repay £X amount which was refused.. Therefore if the company wishes to issue a claim then you will bring this to the attention of the court.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

well he has had the pink letter with a discounted offer on it,

 

saying pay by 20th Or else,

 

what we dont quite get is why the SAR was so bad,

 

but as DX said they dont have to send it as long as they can prove it was issued thats the bit that gets us down.

 

We are beginning to question if the best thing is to offer again a monthly sum and see where it goes?

 

who knows.

Link to post
Share on other sites

FDAO

 

Your link from the other thread worked! I really don't know why you're still panicking - or were made more worried by Diddydicky's thread.

 

As everyone who has any sense has told you - RELAX! STOP WORRYING! THE DCA's can do NOTHING on their own. Pay NOTHING on this until you have a copy of an enforceable CCA - which is unlikely to happen now, otherwise it would have been sent.

 

Any "guest" DCA reading this will be DELIGHTED their efforts are having the desired effect on you. They are very good at psycholigal warfare - but hopeless at legal warfare. CSL are toothless and 1st crud have been given their final warning and could lose their licence.

 

If you really don't just want to have some peace and quiet and get on with the rest of your life and ignore them, then send a letter threatening to report them to OFT, FOS etc. It only takes a couple of minutes of your life to read every letter they send - but a lot longer if you reply and keep worrying - SO DON'T REPLY AND STOP WORRYING!

 

You will be left in NO DOUBT if/when (but when is NEVER) you get a SERIOUS "pay up or we'll sue you" warning. Only the OC can sue you unless they've sold the debt - again you'll be left in no doubt if it's sold - and the new owner will try for ages to avoid court action too.

 

I first got into real money trouble in 2003 - then took until 2007 to get any of them sorted out - lots of threats in the intervening time but NO COURT ACTION. I'm still in dispute with several OC's - but 7 years later - still no court action!

 

I don't think I've been lucky - just typical.

 

BD

Edited by Bigdebtor
Link to post
Share on other sites

time to ignore everyone

 

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... 

Link to post
Share on other sites

  • 2 months later...

Don't let their tactics get to you. That's what they want!

 

I have been getting these sort of letters since before 2005 - and no one has yet issued court papers. All letters I have got only said we MAY take Court action - none have ever said we WILL.

 

Have you read up on PriortyOne's CPUTR 2008 thread? Some comforting reading (and good ammo) on there.

 

BD

Link to post
Share on other sites

well another letter has arrived this morning

 

giving 10 days to pay the debt and stating that we must contact them within 7 days,

 

big red letters telling us not to ignore this letter in the same way as he have previous letters.

 

I knew it would start up again.

 

No I havent read that thread,

 

I will take a trip over to that thread at lunchtime and read in quiet, hopefully I will get some comfort.

 

fdao

 

xx

 

Have spent my lunch reading through some of the posts on P1's, and

 

on further reflection am beginning to feel down about this whole situation.

 

Just want it to be resolved and cant see myself finding £1800 out of nowhere,

 

Santander wont acknowledge us or any of the letters we have written,

 

the letters will continue,

 

perhaps we should just ring Wescot and tell them what we will pay and have done with it.

 

If we lose our home or if they petition for my hubby bankruptcy then so be it,

 

not sure what will happen after that,

 

suppose the Council will have to home us.

Link to post
Share on other sites

FDAO

 

That's EXACTLY how they want you to feel!

 

You're a LONG way from any of that happening. read some other related threads and then see what other ammo you can use. CPUTR 2008 is VERY powerful.

 

Remember too it's NEVER too late to offer a 50% F&F - but it CAN be too early - like NOW is FAR TOO EARLY!

 

EVEN IF they took you to court - and you lost - any judge will give you time to pay at monthly rates you CAN afford. You will NOT lose your house on an unsecured debt as "small" as this one!

 

BD

Link to post
Share on other sites

  • 3 years later...

Hi Everyone

 

Its been some time since I have posted. Life has most certainly moved on.

 

I do have a question today though, which has been prompted by a lovely letter from a debt collection agency (no surprise there).

 

I wondered if someone could explain to me what stature barred means and how it applies.

i.e. at which point does it apply.

 

 

Is it the last time i made a payment, or the last time the credit company contacted me?

 

I have never understood how it worked and what it meant, so any advice would be helpful.

 

Thank you FDAO

Link to post
Share on other sites

tell us about the debt first please

 

 

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... 

Link to post
Share on other sites

It would be from the cause of action. This would normally be 1 month after your last payment.

 

If you have made no payment for 6 years (5 in Scotland) or Acknowledgement of the debt, it becomes Stat Barred. It does not matter if they contact you (except for a CCJ)

 

Stat barred means the debt is still live, but once you tell them to FO, they have to stop chasing. In Scotland the debt is dead.

 

Your last payment may well be different from the defaulted date, the default date could be 6months later than your last payment.

Link to post
Share on other sites

It would be from the cause of action. This would normally be 1 month after your last payment.

 

If you have made no payment for 6 years (5 in Scotland) or Acknowledgement of the debt, it becomes Stat Barred. It does not matter if they contact you (except for a CCJ)

 

Stat barred means the debt is still live, but once you tell them to FO, they have to stop chasing. In Scotland the debt is dead.

 

Your last payment may well be different from the defaulted date, the default date could be 6months later than your last payment.

 

So what about correpondence that I have received? as in statements etc?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...