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    • 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 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
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Urgent advice needed


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Hi

Urgent advice needed on this one. I have now received a letter (well I say a letter) more like a claim form from Southend county court re: tessera portfolio management ltd claiming £879.57. I presume this is a CCJ claim. I do not know about this debt but it could have been from my student days. The student advisory service dealt with all my creditors at the time and helped me pay off my debts. If this is from then it would be statute barred as I have not paid any moneys to or acknowledged any debt since May 2004. My credit reference report is clear. The only credit I have had and is run properly is my student overdraft in all that time. What should I do?

 

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How long have they had the debt and have you told them its in Dispute?

If so send them a CCA and the OC a Sar request

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi The Godmother

 

Should I send them the SB letter as well? Advice in filling out the form would be much appreciated. From what I have read elsewhere I should fill in the Acknowledgement of Service form first to ask for more time to defend. What would be my defence? that it is statute barred and have not got any knowledge of debt or any prove that money is owed?

I have not corresponded with them but I did receive a letter from them at the beginning of April saying their solicitors were going to take me to court.

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You have it in one.

Acknowledge the claim then send a CPR request, same as sar, to the claimant on the papers give them 7 dyas to get u the info. If they dont then tell the courts this is SB and they are abusing the courts system to get money they are not entitled to. Also u mentioned the student advisory service was helping you with all your debts. Can u contact them in relation to this and see what document they have left in relation to you, they may not have any but then u dont know if u dont ask.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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So I send tessera a CPR request and the SB letter stating they have 7 days to reply. Fill in the Acknowledgement of Service form, ticking that I intend to defend all of this claim. Then after the 7 days send off form N9B (received with claim) defence of claim. On that form it asks in section 3 my defence. What would I put in there?

Section 5 asks whether I am making a counterclaim, do I leave it blank? or can Imake a claim for my time?

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No.

 

U need to send the courts the acknowledgement of service ticking defend all. this then gives u 28 days from date of service to respond. U may also want to photo copy it and send a copy with the rest of the stuff u are sending the claimant.

 

To the claimant you need to send a cpr request to the claimant, tessera, advising them they have 7 days to respond to you. then once the 7 days are up wait a couple of days due to postage and if nothing recieved then sumbit a defense saying the claimant, tessera, has not responded to your CPR and you belive the debt is statue barred as you have not recieved any letters or acknowledged any debt since may 2004 you may want to add that it was paid off via the student finance company who was helping you if this is true.

 

Its up to you if you want to send a SB letter but you may not want to show them your defence b4 they recieve it.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Also do u have any previous paper work or contact details for the student finance people as they may be able to help u in relation to if this was paid off.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Yes sign it but u dont need to use your normal signature or even add somthing that u know will make it not yours.

Remember any info u put on there, eg phone number email address, will go the the claimant.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Sent the Acknowledgement of Service off on Saturday by recorded delivery.

 

I have sent the CPR request off today by recorded delivery. What do I do now? Wait until next Wedsnesday and then send my defence of to the courts?

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Sit and wait. Have u found out any paperwork u may have or contacted the student finance people.?

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Unfortunately, neither I or the Student Advisory Service have any paperwork from back then. I have contacted them and they say they don't hold anything for more than 6 yrs. I have moved house a couple of times since leaving uni and most of any sort of paperwork as been lost along the way. I have nothing else to go on because they dont state on their claim who the original creditor was. Just that they are claiming this money for account no 22#######. I can't even say whether I had credit with whoever it is back then because of this.

I have not had any sort of credit or paid any money since the latest 2004 may have even been before then. Except my student overdraft which I still have now and run properly. I have only just got a contract phone and check my credit reference report regularly and that is fine.

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Ok thats feesable to hthink they have nothing especially after 6 years, due to laws u see, Also feesable for u but some people would say u should have kept it all.

I am guessing u dont regonise the account number from ur previous debts. Keep an eye on the credit report even think about checking other credit companies, experian, equifax etc as they dont all report to the same one.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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  • 2 weeks later...

Yep deny everything and clearly state youquire h defendant o prvide proof of the debt and how longit i sine lst pyment or admittion of debt.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Al advithecourts you have asked for a cpr frth laimant but hy hve not supplied anything

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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U wait to hear from the courts.

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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Hi

Good news I think:) !!!!!

Received a letter from Tessaras Solicitors today stating that they are ceasing legal proceedings based on my defence and that they would need time to seek additional information from the vendor. They have enclosed a signed copy of the Notice of Discontinuance.

Is that the end of it do you think?

Thanks for your help much appreciated.

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Check with the courts. The courts should have a phone number u can call and as result they can tell u if the discontiunance is true

OFT debt collection guidance

 

Please remember the only stupid question is the one you dont ask so dont worry about asking the stupid questions.

 

Essex girl in pc world looking 4 curtains 4 her pc,the assistant says u dont need curtains 4 a computer!!Essex girl says,''HELLOOO!! i,ve got WINDOWS!!'.

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