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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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DPA request ignored, 40 days nearly over


iman
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I sent letter requesting refund of charges and also made dpa request by registered post on the 20th February. They received letter on the 21st February. after about a week i received standard letter saying charges not illegal and they will not refund. they made no mention of DPA request. Today is the 36th day and they have another 4 days before the 40 day is over.

 

I was wondering if i should send another letter by registered post tomorrow saying they have three days left to furnish me with the information before i report them to Information commissioner. However if they agree to refund all the charges within the next 3 days then i would not report them.

 

If i need to report them do i have to fill in the complaints form from the information commissioner website or is there a quicker way?

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This is one occasion where a phone call could be warranted.

 

I had to with both Natwest and Ikea. Both got their fingers out sharpish when I told them they had only 3 days left or I would complain to the IC.

 

And it's sooo satisfying to hear then squirm for a change...

 

BUT: Don't confuse the issues. The IC has nothing to do with the bank charges, only with the DPA.

 

You can report them to the IC for non-compliance on the DPA, and you can sue them for the refund. You can't threaten them with the IC if they don't pay up.

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I disagree.

 

If they can't work their internal postal system efficiently, it's their problem, not iman's.

 

The letter said DPA request. Someone answered "no refund" and ignored the DPA request, that is definitely their problem.

 

Why give them any more time? They have a legal duty to comply within a certain time constraint (and a fairly generous one at that), if they ignore it, it's at their peril.

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My thoughts exactly bookworm.

 

I actually called them on the 29th and reminded them that they were very near the 40th day. The person on the other end said he can see my letter was answered, i replied yes i had gotten a reply but one that did not address the points i raised and completely ignored dpa request. He then said he would make a note of it. I called back today saying 40 day almost up, i was informed that a letter had been posted today and that i would receive statements within next 5 days.

 

Im not entirely happy with 5 days but i have waited this long....... soon as i get the statements i will be making a claim just like i did with halifax.

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  • 12 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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