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    • Thank you for your pointers - much appreciated. dx100uk - Apologies, my request wasn't for super urgent advice and I have limited online access due to my long working hours and caring obligations - the delay in my response doesn't arise in any way from disrespect or ingratitude. I will speak to her at the weekend and see if she will open up a bit more about this, and allow me to submit the subject access request you advise - the original creditor is 118 118 loans and from the letter I saw (which prompted the conversation and the information) the debt collection agency had bought the debt from 118 and were threatening enforcement which is when she has made a payment arrangement with them for an amount of £180 per month. It looks as if she queried matters at the time (so I wonder if I might with the FIO request get access to their investigation file?) - the letter they wrote said "The information that you provided has been carefully considered and reviewed. After all relevant enquiries were made it has been confirmed that there is not enough evidence present to conclusively prove that this application was fraudulent.  However, we have removed the interest as a gesture of goodwill. As a result of the findings, you will be held liable for the capital amount on the loan on the basis of the information found during the investigation and you will be pursued for repayment of the loan agreement executed on 2.11.2022 in accordance with Consumer Credit Act 1974"  The amount at that time was over £3600 in arrears, as no payments had been made on it since inception and I think she only found out about it when a default notice came in paper form. I'm a little reluctant to advise her to just stop paying, and would like to be able to form a view in relation to her position and options before unsetting the applecart - do you think this is reasonable? She is young and inexperienced with these things and getting into this situation has brought about a lot of shame regarding inability to sort things out/stand up for herself, which is one of the reasons I have only found out about this considerably later Thank you once again for your advice - it is very much appreciated.    
    • That's fine - I'm quite happy to attend court if necessary. The question was phrased in such a way that had I declined the 'consideration on the papers' option, I would have had to explain why I didn't think such consideration was appropriate, and since P2G appear to be relying on a single (arguably flawed) issue, I thought it might result in a speedier determination.
    • it was ordered in the retailers store  but your theory isnt relevant anyway, even if it fitted the case... the furniture is unfit for purpose within 30 days so consumer rights act overwrites any need to use 14 days contract law you refer too. dx  
    • Summary of the day from the Times. I wasn't watching for a couple of interesting bits like catching herself out with her own email. Post Office inquiry: Paula Vennells caught out by her own email — watch live ARCHIVE.PH archived 23 May 2024 11:57:02 UTC  
    • Frankly I think you should go to a hearing unless you feel especially nervous . If you have any worries then you should follow our link to find out about a county court familiarisation visit     You shouldn't forget that county Court judgements are very helpful but they are not binding. They are only persuasive.  It is difficult to see you losing but it might be better to be there in order to counter any arguments from the other side
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Possible problem with independant financial adviser and vulnerable pensioner


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Hi,

 

 

My uncle is about to retire from a skilled manual job. He's been in this job for 50 years but his intended retirement date in October has had to be brought forward due to ill health.

 

 

My uncle had a stroke and a heart attack just over a month ago. He's worked all his life has never spent anything other than basics. He hasn't done any repairs on his house (he doesn't even have heating) other than the bare essentials (when my mother moved in for a few months about 7 years ago and made him do it to stop the place falling down). So he's very ill, living in an unheated damp house. (The smell of damp hits you as you walk in, there is no wallpaper and barely plaster in places. The plaster is falling off the walls and there are huge cracks. Persuading him to do anything is difficult.

 

 

Enter the financial adviser. This guy has persuaded him to put one pension into investments. He has another one due and this man is coming over to see him next week. My mother got his name and telephone number and begged him to delay but the man told her that this was urgent. She explained that the situation had changed, that my uncle was sick and undergoing treatment. Representatives from the council told him that the house was uninhabitable and he must move and my mother told this man.

 

 

Last week my mother and I visited my uncle (we live over 400 miles away.) Mum had been there after he got ill. She's managed to get the council and other relatives living nearer to keep an eye on him and do some essential work. A valuer has visited and given him and us an idea of the possible auction value of the house and an idea of what it could be worth if it was done up. He has options but won't make a decision (he has always looked to authority figures to tell him what to do).

 

 

So we explained that he could either sell the house and get somewhere smaller or do it up and hope he gets more. Either way he will have to move. He can't do it up himself he will have to pay someone. Meanwhile he does not have any idea where this man has invested his money, he has no list of investments or outcomes. He has little paperwork at all apart from a glossy folder. I have looked this man up and he doesn't have a website. His business name is different from the name on the glossy folder. Uncle tells us that the man told him it was all rather complicated and he would deal.

 

 

Last week some forms arrived. As we weren't there the adviser's wife came round and collected the forms. We don't know what they were. Of course the adviser won't and can't discuss it with us without my uncle's permission. I get that. Mum has got CAB's pensionwise to try to intervene but my uncle won't deal with them. He trusts this guy. Frankly, I don't but without his permission I seem to hit a brick wall. The red flags are screaming at me;

 

 

 

  • The absence of a list of investments
  • The haste to get this next pension invested
  • The refusal to delay the next meeting
  • The fact that after a lifetime of thrift my uncle has only a small amount in his account (he showed my mother his bank book)
  • The "it's all too complicated for you, I'll deal" that he seems to be saying.

My uncle hates change, he doesn't travel, has never even had a passport. As I said he fixates on authority figures (real or perceived) and is really in a vulnerable situation with his illness. As an example he will get the bus to a big supermarket rather than shop locally as he knows where everything is. I think he will convince himself that he can update this house as selling it would upset him but for that he needs savings that he can access.

 

 

If anyone can advise on anything I can do from a distance bearing in mind he'll not agree to intervention?

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oh yes, forgot to mention one of the investments is a life insurance. My uncle has no dependents. He needs to be spending this money, not saving for a rainy day when it's already pouring.

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Cheers. They're on there but the business name seems to have lapsed while the adviser is still there. Just spoken to my father (just now) and he called the helpline last week and they have no complaints on the adviser. However still very worried that this guy is on commission and rushing my uncle into a scheme or schemes that may not be suitable for his current needs. If that were to be the case I take it my uncle would be able to obtain compensation or get out of any contract?

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I understand your concern. A decent IFA should back off if someone is ill or not ready to decide. Nothing is that urgent, unless it's the IFA wanting to earn their commission.

 

ETA: you might also want to speak to the FCA about the advisor.

 

HB

Illegitimi non carborundum

 

 

 

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Once a pension is taken it is almost impossible to undo the deed and all you can go for is compensation for the misselling by the broker. You say the company's registration has lapsed, this raises big questions about the ability of the salesman to pay any compensation if he make a hash of his advice so steer uncle away from this person as he probably doent have the authority to do what he is doing. A lack of complaints doesnt make it legal or proper.

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My thoughts too, but the problem is acting without my uncle's permission. He is convinced that all is fine. My mother (his sister) is tearing her hair out. I advised her to discuss it with the FCA but that was a bank holiday. I'll chase it again.

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  • 1 month later...

Back to this topic. He appears to have a product called Premium Saver with Vitality Life (looked on their web page but I'm none the wiser). Or rather he did. It ran out in March although when my mother phoned them in front of him they have his cheque. He doesn't have a cheque book or direct debit his financial adviser sends cheques on his behalf. They now have to renew this policy.

 

 

Mum's concerned as from the conversation, it's life insurance. He's single with no dependents. She's also worried about whether the policy will cost more after a break (especially considering his health) and why there's a break when they have a cheque. He phoned the adviser and apologised to him. Not sure why.

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Is this the savings/protection plan, Fuzzgin?

 

I don't really understand why it would benefit your uncle either. He needs to be asking the person who sold it to him, or the company, I would say.

 

http://www.covermagazine.co.uk/cover/news/2149884/pruprotect-unveils-free-premium-saver-option

 

HB

Illegitimi non carborundum

 

 

 

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Is this the savings/protection plan, Fuzzgin?

 

I don't really understand why it would benefit your uncle either. He needs to be asking the person who sold it to him, or the company, I would say.

 

http://www.covermagazine.co.uk/cover/news/2149884/pruprotect-unveils-free-premium-saver-option

 

HB

The problem is he doesn't want to question anything this financial adviser says.

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