Terminal Illness - Debts

[caro]

If your father (you) send a Sar and £10 fee they are legally obliged to do everything within 40 days. Make sure they don't try and fob you off with only 6 years.

[adr1an]

OK. Thanks for that.

 

Omw to Post Office!

[dx100uk]

yes sar them [£10 po]

 

they wont hold the creditors info though

it might well be that a few

you'll need to do that too.

 

dx

[citizenB]

They have 40 calendar days in which to comply with your SAR request.. so keep an eye on the date and make a complaint to the Information Commissioner if they mess you around.

[adr1an]

Great, thanks for all the info.

[adr1an]

Hi all, just need some info if possible.

 

Getting through his debts slowly, received all the info finally from Stepchange, wasn't easy though for some reason.

 

Some of his creditors continue to write directly to my father, completely ignoring me, they have been told at least twice each that I am dealing with it and to write to me only, but there we go. Two of his debts, the creditor has failed to provide a credit agreement so until they do I have told them no money. Another creditor worth £50 now lol, wrote the debt off.

 

I've just had a letter from Capital One, or rather they ignored me and wrote to my father who is in no fit state and still deterorating before my eyes. They want copies of all his bank statements, income and outgoings. I don't mind too much giving basic details of his income and expenditure if I must, but there is no way I'm giving them his bank statements. Surely they can't demand or have any right to see this? I'm not happy to give them bank statements, it's personal stuff really.

 

Anyway, onwards and upwards, would gladly accept some views on this. Thanks

[dx100uk]

wel done!!

 

and correct they have no legal right to see any pers info..

 

dx

[ScarletPimpernel]

Creditors have no right to any of the information they have asked for; only a court can require its disclosure.

 

Where creditors have written to your father despite being made aware that you are the authorised representative, you should complain to their compliance managers:

 

Dear Sirs

 

Despite being informed twice, in writing, that I am my father's authorised representative in this matter, you have continued to write directly to him.

 

The reason I am acting for him is because he is terminally ill. Your conduct has caused considerable distress, and I also understand that it is a clear breach of the Office of Fair Trading's Guidance on Debt Collection, compliance with which is mandatory for you as holders of a consumer credit licence.

 

I require you to treat this letter as a formal complaint, and deal with it in accordance with your complaint procedure.

 

I look forward to receiving your proposals to resolve the issue. Please ensure that your final response is clearly marked as such, so that I can escalate the complaint to the Financial Ombudsman Service in the event that your reply is unsatisfactory.

 

Yours etc.

Worth doing, as they will realise the potential for adverse publicity, and you will bypass the commission-only drones in collections.

[adr1an]

Creditors have no right to any of the information they have asked for; only a court can require its disclosure.

 

Where creditors have written to your father despite being made aware that you are the authorised representative, you should complain to their compliance managers:

 

Worth doing, as they will realise the potential for adverse publicity, and you will bypass the commission-only drones in collections.

 

Thanks for the replies. I will get a copy of your letter sent to them immediately. I can use the same expenditure form as my father used to have with Stepchange, slightly edited of course to reflect his new expenditure. Is this a good idea? Personally all I want to do is tell them this is what he can afford, take it or leave it - what's the worst they can do. he has no savings, no property and lives off benefits.....

 

Obviously I don't want to be wasting too much time with these people, more important stuff to do. If this goes to court I just want to be seen as playing fair as need be, no less no more, unlike these creditors who choose to ignore me. I think any more letters sent directly to my father will be ignored. I've asked them to pay for the Dr's letters but they refuse saying it's up to me. I will have a chat to his GP to see if I can get a basic free copy.

 

Thanks again guys, much appreciated.

[citizenB]

Yes, you can use the stepchange I&E with any updates/amendments - or you can use the one we provide to people facing repossessions - it is acceptable to courts, so your creditors should accept it as well. I have attached a copy below.

 

Is your Father in receipt of any care allowances ? if so, this money is for his personal care and should be identified as such.

 

Ellens Budget Sheet.xls

[citizenB]

This applies to Attendance Allowances and Mobility allowances as well.

 

Hi there.

 

 

Your DLA will be classed as income - but you can take some, or all, of it out for your helath costs - in short you can sort of disregard it. DLA is supposed to be used for helath costs - and so it should be.

 

[skintandfat]

Personally I would be inclined to give them £1.00 per month each and use the remainder to make your father as happy as possible.

 

I would tell them they have no choice in this and you will go to the press if they increase the hassle in your fathers remaining time

 

This is family time, not time to be concerned about these bottom feeders

[adr1an]

Personally I would be inclined to give them £1.00 per month each and use the remainder to make your father as happy as possible.

 

I would tell them they have no choice in this and you will go to the press if they increase the hassle in your fathers remaining time

 

This is family time, not time to be concerned about these bottom feeders

 

That's pretty much what I am doing, thanks for that Knowledge is power.

 

In the process of dealing with his creditors I have managed to get some written off, others play hard ball and am still waiting to see credit agreements from others.

 

I have received from CL Finance (he has two accounts) his original credit agreements

 

one credit agreement totally matches his account number with CL Finance

 

but the other copy of the credit agreement has a different account number.

 

The original debt was a B&Q card, apparently Santander gives the finance (according to CL Finance).

CL Finance say that the reason the original signed credit agreement number is different is somewhere between being passed to them Santander changed the account number?

His other account with CL Finance matches though.

 

I was just wondering if this happens?

 

CL Finance say to contact Santander to see why this number has changed.

This could be nothing and legit but it's worth getting your opinions.

 

Thanks.

[dx100uk]

urm

 

wonder if the B&Q card was a in store card only then changed to a credit card

 

if so that makes it un-en.

 

dx

[adr1an]

urm

 

wonder if the B&Q card was a in store card only then changed to a credit card

 

if so that makes it un-en.

 

dx

 

Well, I believe when my father took this it it was a store card. Don't know if that makes a difference. When you say "un-en" is that un-enforceable? Is that because it was changed from a store card to a credit card and what difference would that make? , if that was the case.

 

Cheers.

[citizenB]

Well, I believe when my father took this it it was a store card. Don't know if that makes a difference. When you say "un-en" is that un-enforceable? Is that because it was changed from a store card to a credit card and what difference would that make? , if that was the case.

 

Cheers.

 

There was a judgment handed down, last year I think, "Santander v Mayhew". It was in respect of a store card (M&S) that was automatically upgraded to a credit card without issuing a new agreement. As these were two different types of agreements, it was necessary that they did this and they didn't. The court advised Santander (who had underwritten/taken over the cards) that the debt was unenforceable.

[citizenB]

http://www.bbc.co.uk/news/business-17670803

 

Here you go - have a read of the BBC article

[adr1an]

This is interesting. I see on the Credit Agreement I was sent that it says "Credit Card Agreement", even though it's a different account number from his current account. So maybe in this case he had signed the right agreement so the above wouldn't apply. Although, I wonder if there should be two signed agreements, one for the Store card with one account number and one for the new credit card with the new account number?

 

Or am I just confusing myself? (long day )

[citizenB]

Does it have a signature on it ?

[adr1an]

Does it have a signature on it ?

 

Yup

[citizenB]

Yup

 

Oh..... shoot

[rebel11]

Hi adr1an

 

Another possibility, put the ball firmly in their court. Write to the CEO's of these companies (the ones that actually own the debt), personlise the letters, explain what your father is having to deal with and that he has been suffering for a long time. Ask them to write the debts off. As you say, they've probably been paid the monies back over and over again. When you write your letters to the CEO's, copy in as many organisations as possible, Macmillan, cancer etc.charities etc. Explain that financially there are a lot of ongoing commitments, highlight them, be blunt. Explain any harrassment that he is receiving and if it continues compliants will be made to various organisation OFT etc, reassure them of that.

 

The guys here are great with letters, they could rustle up a template for you. But it needs to be addressed to the CEO, so a little research needed.

[adr1an]

I think that is a very good idea. Certainly if anybody can "rustle" up up a template letter that would be great. I'll get onto finding out who to write to,thanks.

 

[Hacked_Off]

Might be useful:

 

http://www.ceoemail.com/

[adr1an]

Hi all.

 

 

We were given the news yesterday that my father has days left and is now in a hospice. I would like to thank you all and this site for your time and sound advice, much appreciated.

 

 

A small donation is on it's way.

 

 

Kind Regards

 

 

Adr1an