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    • 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
    • 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.
    • 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
    • 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.
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Ready to have a go at Barclaycard! now received CC Claim for full amount


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Sorry to hear about your illness.

 

When you first start with these things they do appear daunting and challenging but with help for Slick and others the fog soon lifts ;)

 

If you feel things are getting too much for you is there someone you trust who can help you follow the advice given? Even then there will be limits to what they can do in the event of having to attend court but it would still be beneficial to have someone to hand for support?

 

For example If making a claim this would have been called a "Litigation Friend"

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OK Smoothie,

 

From that you can work out the dates to Acknowledge and Defend using the guide linked in post #92.

 

Do not miss these deadlines.

 

:-)

We could do with some help from you

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Thanks !:-)

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no you leave it unticked

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... 

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I'm just looking at filling in my defence online and

 

I know I can write in plain English

 

just looking for an idea of what I need to say.

 

The POC on the claim form are attached.

 

They are claiming the original amount and interest which is accruing daily.

 

My defence will be along the lines of the fact that there were excessive charges on the account when it was sold to them

which far out weigh the actual value of their claim.

 

I will be looking to get my claim to offset their claim and the outstanding balance and interest accruing daily paid to me.

 

Also that all records of this account be struck from my credit history?

 

Sorry I'm pretty rubbish at writing stuff down :!:

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I'm seeking further help for you with this and will come back asap.

 

:-)

We could do with some help from you

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Thanks !:-)

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I'm seeking further help for you with this and will come back asap.

 

:-)

 

 

just a question for whoever comes to help you. Is this where op puts in a counter claim for charges etc

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That is one option but OP would have to submit and pay for a Counterclaim, submitting evidence to prove that the penalty chgs were unlawful, just like if OP took action as the Claimant seeking a refund.

 

:-)

We could do with some help from you

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Hi Smoothhound I am moving your thread to Financial Legal Issues...Slick as asked that I advise you with regards to your defence and the exposure here is far greater than the forum you was initially placed.

 

Give me chance to review your thread and then we can start to get something drafted in response...what date is your defence date?

 

Regards

Andy

We could do with some help from you.

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Hi Smoothhound I am moving your thread to Financial Legal Issues...Slick as asked that I advise you with regards to your defence and the exposure here is far greater than the forum you was initially placed.

 

Give me chance to review your thread and then we can start to get something drafted in response...what date is your defence date?

 

Regards

Andy

 

Thanks Andy :)

 

Date of issue was 16/7/14 so plus 33 days makes the defence date 18/8/14 I think

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Plenty of time yet then ...just give your thread the occasional bump towards the end of next week...I assume you have requested all documents CPR/CCA ?

We could do with some help from you.

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Plenty of time yet then ...just give your thread the occasional bump towards the end of next week...I assume you have requested all documents CPR/CCA ?

 

I have the SAR paperwork I got from Barclaycard direct but I have not requested anything from IDR Finance.

 

I understand CCA but what is CPR?

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We could do with some help from you.

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I've roughed out my CPR letter now and on the strength of the POC in my post 107 I've asked them to provide:-

 

1/ The agreement

2/ Notice of Assignment and proof of service

3/ The Default Notice

 

Is there anything else I should be asking for? Should I change 3 to read, All statutory notices i.e. Default Notice, Termination Notice & notice of arrears?

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Yes that's fine SH....invariably they never respond to a CPR request so you are really making it for the sake of going through the motions and then referring to it within your defence.

 

Most Default Notices act as a Termination Notice so you should request it as Default Notice/Termination...most defiantly request Notice of Sums in Arrears.

 

Andy

We could do with some help from you.

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So the following should cover all bases?

 

1/ The agreement

2/ Notice of Assignment and proof of service

3/ All statutory notices i.e. Default Notice, Termination Notice & Notice of Sums in Arrears

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Yes but you will be making a separate request for the agreement vis a Section 78 request (CCA) also

We could do with some help from you.

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CPR is not a legal request its Civil unlike a section 78 which places them in default if they fail to comply and more importantly unable to enforce or seek any relief from the agreement

We could do with some help from you.

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No requirement to sign but you can print or sign uniquely ...different slant ...dot the I ...dont cross the T:wink:

We could do with some help from you.

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