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    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • JK: Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have. Thanks DX, I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hi the application with the heading of Credit agreement regulated by the consumer credit act 1974and accepted by the creditort together with

proof of payments made to the account by way of statement in the balance of probabilities is evidence the contract exists. ( personal experience on behalf of others)

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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An application form headed consumer credit agreement 1974 and signed can be a valid agreement...but it must contain "within the four corners of the agreement", the " prescribed terms", in my experience very few did from 1997

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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Hi,

 

Yes send the SAR request with a £10 unsigned postal order (write on the back it is to pay for the SAR request). Be fairly specific what you want them to send you. They have 40 days to respond to the request.

Today is the tomorrow you worried about yesterday, and all is well!

 

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I have a number of personal agreements and applications which contain all of the prescribed terms including a new credit card issued in the last month,

( I'm very fortunate I do not have any debt problems and came yo CAG only to help others).

My previous occupt

 

aion taught me to keep all

 

 

 

 

 

 

 

 

 

 

 

 

I have a number of current and previous applications that contain all the prescribed terms including one less than a month old.

My career taught me to keep documents for long periods and I can go back quite a long time and stand by my comments.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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O Sh*t the laptops' gone pear shaped:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Of course current and recent agreements have the prescribed terms, we are talking about 1997 when the greedy credit card companies didnt even bother to get a proper signed contract, so keen were they to get business, they're docs are 100% now

See my cases on here with CL finance/barclaycard, and nationwide credit cards were i won on exactly these points

Please note i have no legal training any advice i give comes from my own experience and from what i have learned on this site

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i should add for pebbles that the copy of a microfiche she had back was a pre approved aplication form knowing what i know about er ex and his dodgy business partner i suspect one of them had it away on their toes with the card without her realising she had ever been granted it if so is it the fraud route cos i will do anything to protect her because she is rather vulnerable at the moment and if her ex gets nicked for fraud so be it .....pebbles o/h

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Yes if pebbles is vulneraqble getting the ultimate closure on this is best.

How are you planning to report the fraud?

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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If this went to a court room, the legality of the agreement and whether there was an account or not would very much depend on the judge 'lottery' going by recent cases.

 

You need to make it very clear to HFO that you are disputing this account, put it in writing, and then get as much information as you can about the history of this. Recent press coverage suggests that DCAs should not be pursuing an account where there is a clear dispute so report them to OFT.

 

OFT http://www.oft.gov.uk/ for the attention of James Waldron

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hiya guys she has made it very clear on phone and in writing that she disputes this debt totally when she comes home she will be doing the sar and complaining to the oft and as far as the fraud route i guess the police and whoever else will listen cos like i said in a previous post she is honest and if she owed it she would pay it end of im just worried this will make her slip further back into her depression and that would be a real shame cos she has been fighting it and getting better i dont want toerags like hfo sticking her back in the mental health unit cheers

 

 

 

pebbles o/h

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Hi again pebbles fragile mental health is more important than a debt The Credit Services Association has a code of conduct

about how to treat people with physical and mental problems have a look at revenants last post or Google CSA.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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