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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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Halifax card and 1st credit


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My OH has a repayment plan with this lot and continues to get reduced offer request letters on a monthly basis.

 

a recent payment was missed due to a banking error

she received an e-mail

(they do not have our phone details as refused this in writing)

from 1st Credit advising and that she was to contact them to reset payment plan.

 

She made an on-line payment and sent an e-mail advising this and that all will be in order going forward.

 

Today she has received another e-mail confirming that arrangement as been reset and she will receive a letter to confirm this.

They are now also requesting a financial statement, proof of income, payslips to support the repayment offer.

 

Now my questions are,

is she obliged to do this or is there a template letter to respond to their request ?

 

Should she also be requesting,

CCA details,

a notice of assignment details and

copy of statements

to check that payments are being deducted from the outstanding balance ?

If so in which order ?

 

It now transpires that the card was originally opened in 1991 transferred to another in 1995 then to the current account number in 1996. The account was then defaulted in March 2006 due to financial issues.

 

 

Thank you

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Hi there

 

Ok first thing that strikes me is that they are making reduced offer letters.

That implies there may be something wrong with the debt,

Now is the time to start digging.

 

Please assist with the following information.

 

Who was account opened with originally?

Who owns the debt now?

When roughly was account opened?

Type of account? EG credit card, bank loan, overdraft, utility, phone?

Rough amount outstanding

Status of account? eg Ongoing/defaulted/terminated/claim issued/CCJ awarded

Edited by SabreSheep
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Thanks Sabresheep and I will attempt to answer on behalf of my wife.

 

The account was with the halifax.

Debt was passed to 1st Credit but not sure if they own it as such.

Approx 1999

Credit Card account

they state £6,591.89 ? OH has been paying £40 per month.

Defaulted

 

I do recall that a while back she was paying £20 per month as part of her DMP but then they started hassling her to make increase payments by phone / letters / e-mails in which she did a couple of years ago.

 

Since then they have been contented to take £40 per month.

 

Another thing that I am confused about is that she successfully won a ppi complaint with the Halifax in which they paid direct into her bank account and not through 1st Credit ?

Edited by dx100uk
OC name changed
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OK you already answered one of my next questions. Which was PPI?

 

The answer to that implies that they have sold the account to first credit.

 

Being 1999 opened I have a feeling I know why you are getting the offer letters. I suspect they may not have the original agreement which is required by a court to enforce it (if opened before 2007)

 

New question.

 

A) Who is running the dmp?

B) What are the other debts on the dmp. Same questions for those as above.

C) Also are there any over limit fees and late payment charges.

 

At this point, I would suggest;

 

1. a CCA request to First Credit.

2. a Full subject Access request to halifax

 

Depending on how you answer for who runs the dmp, You may be sending them one.

 

Sadly by paying the debt monthly, there is a very high possibility that the debt will not be statute barred.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Thanks again SabreSheep.

 

DMP was with a third party in which was free through her old employee.

She has continued to use the same format (own plan) going forward in which has worked well up to now with other creditors apart from 1st Credit.

They did have a phase of hassling her all the time some years ago hence the increase in payment.

 

There maybe some overlimit fees and charges as she has majority of her statements since the opening of the account.

 

Ok will get her to send a CCA request to 1st Credit (pressume there is a templte letter for a DCA ?).

 

I cannot recall if she had already sent the halifax a SAR as I recall this was her first ever complaint in 2012 and the bank eventually upheld the complaint.

If she didn't shall I get her to send one ?

 

Yes we all now realise that she shouldn't have paid anything without a CCA proof

but as the debt was originally part of the DMP for all creditors, she just went ahead with it.

 

Is there anything else that I should get her to do apart from what you mentioned ?

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I was fearing a fee paying DMP, Glad that is not the case

 

Extremely good position to have all the statements.

Very rare someone does.

 

I personally think it is worth doing a sar if she has not done one already as having all the info on the account may pay dividends in future when the next scandal comes up.

It may help provide some missing statements too.

 

So for this query,

def do the cca request to first credit.

 

Post up here with their responce. (Edit and remove any personal details)

 

THEN if they fail to provide any sort of enforceable agreement or fail to comply with the request there is good reason to stop paying until they do.

 

It may be worth opening a new thread and investigate a reclaim on those charges as it is a credit card.

With interest in restitution applied, a charge made in the early 2000's is worth a LOT now.

There may be scope to reclaim enough to dent or even wipe out the balance and get cash back as well.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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a belated thanks again.

 

OK I will get my OH to send a CCA request to 1st Credit and I will post up a response if received.

By the way it was a Halifax Credit Card not Co-op.

 

Regarding the charges

can she still claim these even though they are quite old ?

Is it just the normal bank charges letter that she should send and what rate of interest should be applied ?

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Cool.

 

Doesn't matter too much who the credit card was with originally.

 

The first thing to do regarding the reclaim is to start a new thread for that so the people with the knowledge will be able to assist you. When you do that, feel free to pm me with a link to the new thread so i can help follow it.

 

And yes, old charges can be reclaimed. It will involve a game of chicken with the bank at the small claims court.

Edited by SabreSheep
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Hi there

 

I have separated this thread and created a new one for the reclaim so that you will get the right advice for the right issue and not confuse them.

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?444450-Halifax-Credit-Card-Charges-Reclaim

 

 

Regards

 

SS

PLEASE HELP US TO KEEP THIS SITE RUNNING

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  • 5 weeks later...

CCA request posted 30/4/15

 

reply received today 15/5/15 edited details attached.

 

1. Is it 12 days from date of my OH letter including weekends ?

2. Should they have returned the cheque for £1 ?

3. Should my OH still be receiving some sort of annual statement of account from the DCA or OC ?

 

Thanks for looking

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Ah yes, much better!

 

And I wouldn't worry too much about 1st credit,

 

I had them on my case for a while,

they're agressive and can be quite nasty on the phone so don't ever speak to them,

 

I did a CCA request,

got the same letter you did,

 

then eventually (about 2 months later) they sent me some made up agreement and some statements.

 

I ignored them,

they kept offering discounts then eventually sold it on to Cabot who I am currently ignoring,

and they will drop of my credit file next year :-)

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Thanks Mfamily

 

Well they have not got any of our phone details, all correspondences have been in writing.

 

The thing is a payment plan is in place previously through a third-party.

They are always forwarding discount offers every month recently or requesting increase in payments.

 

Ok, so wait for response from OC ?

Whatabout the cheque, would that have been passed on ?

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  • 2 months later...

If they are out of time to send you the CCA, then sit on your hands and stop any payments you might be making.

 

They don't need reminding of their failure.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Cash cowed has

 

Thought you would be wise to these tricks by now

 

Now go do the same to her other debts

 

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... 

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  • 2 years later...

Sorry to raise concerns again and didn't want to start a new thread.

 

Quick re-cap from last post.

 

No copy of signed agreement received from DCA or OC.

 

Payments stopped July 2015 (used towards priority debts instead)

 

Last year started getting reduced settlement offers again in which were ignored.

 

In March 2017 out of the blue received another letter but this time with copies of credit agreement terms details, some old copies of computer generated statements and a copy of 1st Credit statement up to last payment made in July 2015.

 

But no copy of original signed agreement.

 

Ignored again but then received another letter threatening legal proceedings.

 

Responded in writing telling them to bog-off etc and to stop harassment as they have not fully complied with the request.

 

Have now received the latest attached letter from 1st Credit Compliance Dept.

 

Do I respond again or just ignore?

 

Thanks for looking

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well if you will go entering into pointless letters tennis

so will they.

 

if they have not produced the signed agreement

then even though what they have sent might comply with the 'act'

 

I doubt it would be good enough to enforce through the courts

which is a totally different thing to cca enforceability

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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