Jump to content


  • Tweets

  • Posts

    • 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.
    • go do a Direct Debit Guarantee Clawback to your bank if you've now got control of his bank account finny.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Kensington SPO ***Resolved***


markez78uk
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1742 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

stop talking on the phone!

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... 

Link to post
Share on other sites

  • Replies 967
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

everything in writing only please

put the phone down.

 

 

IMHO 90% of your worry is allowing them to wind you up on the phone.

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... 

Link to post
Share on other sites

just called me again from a different number

stated i owe them £1723 from previous missed payments on court orders from september & December last year and i owe them this months payment so i have 7 days to find £2582 and have to call them on 8th august to make the payment

haven't a clue what im going to do apart from cry :(

 

i have advised we can afford to make a payment of £1000 at the end of the month

- but they stated this isn't good enough as i have broken agreements in the past and Septembers payment would be due on the first and we wouldn't be able to afford sept due payment untill end of September

 

they said we let you off over june and july to pay late

- but you had outstanding arrears from last year and senior management have decided that this has to be cleared to stop any further action

 

i have a asked if the payment date could be changed from the 1st of the month to the 28th they said no

also i asked if i could capitalise the arrears

- they stated no my account doesn't allow that :(

 

i paid end of julys payment

but asked if we could pay this months payment on the 10th as this is my wifes pay day

- this is this months payment that was due on the 1st august

- but i then get paid again end of august ready to pay for Septembers payment

 

regards

Markez

Link to post
Share on other sites

do i risk going to court again ?

as i would of paid august 1st payment on the 10th august

and be paying end of august ready for the 1st September payment this i would be paying 25th august

so i would of paid them £1718 off the above due and be on track apart from the arrears on the court order of £866 ? of which i need to go through bank statements to see where that has come from .

Link to post
Share on other sites

and yes dx i dont want to talk to them on the phone but they have rung me 3 times now on different numbers and this is the first communication i have had since i sent the proposal off in early june and late june .

godsake im in such a mess

Link to post
Share on other sites

writing only put the phone down...

please stop talking to them on the phone!!

 

 

these old arrears, mortgage arrears or their unlawful charges they've added?

 

 

so DID you have mortgage arrears from sept - December...?

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... 

Link to post
Share on other sites

you ask who is calling before you do anything if they ask for someone by name

when they say Kennys you say 'writing only please' and HANG UP>

 

 

we've been telling you this since DAY ONE!!

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... 

Link to post
Share on other sites

they have stated if i dont phone them on the 8th and pay £2582 they will issue possession proceedings

not 2 sure about the arrears i know we where in trouble last august but kennys stated they would reset the agreement and let us pay ithe missed month a bit later - i presume they are calling in this debt now

 

i have to check payments when i get in as at work at the moment

 

payment due 1st June - paid 28th June

payment due 1st July - paid 31st July

payment due 1st august - paying 10th august

payment due 1st September - paying 25th august ------- Back on Track

 

they are stating because august payment hasn't been made and is late and July payment hasn't shown on system yet im 2 months in arrears with court order soc they have no choice but to issue eviction if i dont pay £2582 on the 8th they will issue eviction

£2582 - July 31st payment = £1723

+august due cmi = £2382

- august payment cmi + £ 200 arrears court order payment on the 10th august = £1523 outstanding from last year ?

 

cant work it out ??

 

they are awaiting july and august payment and this is why they are going for eviction - but they have added extra arrears from some where ?

Regards

Markez

Link to post
Share on other sites

they have stated if i dont phone them on the 8th and pay £2582 they will issue possession proceedings

 

thats you ringing them to give a payment which you really should be doing by bank transfer on you interweb banking site rather than by debit card.

that way you've no need to ring them at all.

we've told you that time and again too.

 

i would only be ever paying attention to what they say in letters only

not phone call willy waving.

 

dx

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... 

Link to post
Share on other sites

Has this Kensington only got one customer ....you ?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

what should I do then

just pay Augusts payment on the 10th and then await an eviction letter ?

 

pay end of august ready for Septembers payment

 

so I have paid all the payments I have proposed

 

not sure what you mean by Has this Kensington only got one customer ....you ?

 

I'm just sat here wondering what to do and just looking for guidance and help

 

as you guys and girls have been amazing in the past

 

regards

markez

Link to post
Share on other sites

yes do what you propose that's the best you can do.

stay off the phone

have you got internet banking?

best pay it that way.

 

have you absolutely stripped everything else bar gas/electric and ctax back to very small payments

 

this has been going on long enough

you need to cut paying non priority stuff like sky/VM/mobile/cards/catalogues out

then get on track with the mortgage

the rest cant do anything to you

 

dx

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... 

Link to post
Share on other sites

Hi Markez, you should make payments in line with the proposal you sent them. If they go for eviction, we will help you deal with it.

How much are the total arrears ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

good morning

the total arrears overall ? are £27,596 but will be then reduced to £26737 when we pay on the 10th august

thanks dx - yeah stripped everything back and been paying them over the past year but this has all come back because wife had to get a new job and the start date was delayed for nearly 6 weeks

Link to post
Share on other sites

If you have to go to court I'm sure the judge would take into account the fact that your wife was trying to get a better job to help with the family finances but the delay was not of her doing :)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

i really hope so

thanks ell

i proposed late june - paid

late july - paid

1st august - not paying untill the 10th so 9 days late

then i will be back on track to pay end of august for 1st September due payment

 

i just hope i can get the payment on the account on the 10th before they go for eviction

 

Regards

Markez

Link to post
Share on other sites

Maybe write them a letter stating how disappointed you are with the communication from them despite you sending letters and keeping to your proposals. Do you want me to draft something ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

ELL Yes that would be great

as yes they didn't respond to the proposals i sent beginning of june and end of june

- yesterday on the phone they stated they had noted on my account i was paying late June and July

but because i offered to pay again 1st of august and haven't thats why they called me and stated eviction may be gone for

Regards

Markez

Link to post
Share on other sites

Hi Markez - well 10 days late is not a disaster. Would you be able to send the letter to them today by special delivery to get there Monday ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

Never mind what they say - we need to build up a series of letters you sent to them in case you have to go to court - that way you can show the judge you had a reason for having to make a payment proposal and they have been their usual nasty selves !

Get it posted asap - tomorrow would be fine as long as it's special delivery for Monday by 12 noon

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...