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    • Mother and father worked here and then went to SA in about 1978 returning to UK in about 1996 and worked here until 2016 when her husband died at age 66.  He was still working at the time.  She then went to live with daughter in SA.  Mother only claims for her pension. 
    • Thanks, I owe the money, no issue with that, I will SAR the company.  If I need to just pay it and have the CCJ for a few years so be it.  Just thought I'd explore all options
    • By the way you wrote that post, i can see that you are as confused by the situation as someone reading it. Important advice must be not to pay for any flights etc, until they understand the situation fully. Those that have British passports could be entitled to receive UK benefits. However, nothing is that straightforward. The passport does guarantee anything. The daughter could be entitled to Universal Credit ( which includes housing) as a British passport holder, but this can only be confirmed when she has gone through the Habitual Residency test (HRT). So you will need to read about HRT for British passport holders returning to the UK. There will be requirements to provide information about why they are returning to the UK and what work searches have they done to find work on their return to the UK. In regard to the mother who has a British passport, you will be correct in presuming that no council is going to be helpful in paying for the care home fees immediately on arrival in the UK. When did the mother last live in the UK ? When did the mother last work in the UK ? British embassy in South Africa may be able to provide information and assist with applications ? Just getting on a plane, landing in the UK and expecting help to resolve their situation, would be a silly thing to do. I can see the mother ending up in an NHS hospital for a period, while people wondered how they were going to deal with the situation. Probably not the first to do this, but if the mother also has a South African passport, they could put her on a plane back to SA and then the Daughter would be a difficult situation. Embassy in South Africa must be first place of advice.
    • There are online forums for people moving from South Africa to the UK. This is one of them.   https://moveup.co.za/2019/03/08/how-to-move-to-the-uk-a-step-by-step-guide/   If you want to speak to a social worker you could try the local council.   HB
    • This is not our issue, but an issue with a friend.  Our friend is living in South Africa and now suffers from dementia and is in a home.  The daughter has been paying for the home however the daughter was made redundant and has a child to support.  Daughter's husband keeps kicking her out of the house with the 3 year old boy and daughter had nowhere to go. The mother and daughter both have British passports.  Mother and father(now deceased) are British born, but daughter was born in South Africa.   The 3 year old was born in in South Africa.  Daughter is now broke and cannot keep the mother in a home any longer.  Daughter wants to return to the UK where she did live for several years previously so had NI number etc. however not sure what she can do with her mother.  The other issue is that the father is trying to get custody of the child so another issue. We, on behalf of the daughter who phoned us this morning, want to discuss with a social worker the options if any that may be open as on arrival here the mother will need to go straight into a home.  We can offer the daughter and child temporary accommodation with us.  Who should we contact? A very complicated scenario that normally we would not involved ourselves with as we are in our late sixties, retired and not that much money in the bank. 
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Hello Guys

 

Long post incoming, but I’m really hoping someone can find the time to help me out with this situation, any advice is much appreciated. :-)

Background and History to Date

  • July 2008: 2x Accounts Opened with Barclays Bank (1x Joint Account and 1x Personal)
  • Between 2008 and 2010: £200 was drawn on the Personal account using the 0% overdraft facility
  • 2011: In a branch, both signatories of the Joint Bank Account asked for it to be closed and all associated accounts also closed and provided new contact details
  • August 2013: Charges started to be added to the Personal Account
  • January 2015: Termination notice served to my old address
  • May 2015: Default added to my Credit File for £359 (default date listed as January when the Termination notice was sent)

 

To my gross misfortune, I spotted the anomaly on my credit report a mere week after they had sent the default information to the credit reference agencies.

 

I paid the full amount in full within 2 days, after first trying to negotiate removal of the default mark.

 

Barclay’s claim that they were never given my new address and therefore they did everything in their power to get in touch with me, including phoning me, again on an old number. I have no proof that I provided their adviser with my new address.

 

Correspondence to Date

I sent the below letter.

 

Date: 02/01/2016

 

SENT BY RECORDED DELIVERY

 

Dear Sir or Madam

 

Account Number: xxxxxxxxxxxxxxxxxxxx

 

After recently obtaining a copy of my credit file from Call Credit I was concerned to note that your company has placed a "Default" notice against an account in my name.

 

I feel that this default entry was added unlawfully and without merit. Doing so has put you liable to a breach of the Consumers Credit Act 1974, in particular s.87(1) of said Act; Section 87(1) of the 1974 Act allows the creditor to send a default notice giving fourteen days from the date it is received to pay the arrears. The default notice must contain all of the necessary information under the Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983 ('the 1983 Regulations') which includes;

 

1. a statement saying the notice is a default notice served under section 87(1)

2. of the CCA1974

3. a description of the agreement

4. the name and address of both the debtor and the creditor

5. details of the breach (i.e. late payment) and, if the breach can be remedied, the date by which it must be remedied or, if the breach is not capable of remedy, the amount required to be paid after the expiry of the specified date;

 

As is clearly evident from all previous communication between us regards to this account, I never received any such notice and as a result I contest the accuracy of the default and until such time you can provide proof that you complied with the above Act, you must remove all derogatory data from the files of any credit reference agency.

 

I am more than happy to issue you a Subject Access Request which should include a copy of the documents I request, which I am hopeful will include a copy of said termination and default notices which, if they are missing, will leave me no alternative but to seek legal enforcement via CPR31.16. Without sight of said default notices, I cannot argue their authenticity, enforceability or execution and therefore will use this as my claim if I am forced into taking legal action, all costs will also be claimed.

 

It would, however, be in both our interests if you simply agree to remove the defaults, being there are so many inconsistencies with the alleged default notice, the execution, the enforceability and the legal compliance that you must surely have no other alternative but to remove it, least of all as a gesture of goodwill?

 

As I was never in receipt of any of the statutory documents (Notice of Termination of Contract; Notice of Assignment or Default Notices) then the actual default notices that are shown on my credit file are unlawful and should be immediately removed. I do not want to take this through the courts but I will enforce removal by judgement if necessary, at the end of the day you have acted unlawfully by not issuing fully compliant and correctly executed legal documents.

 

I must insist that the following requests be carried out;

 

a) The Default Notice will be removed

b) The Status of the account will change from “Defaulted” to “Settled”

c) The Current Balance will appear as £0.00

d) The Default / Delinquent Balance will be set to £0.00

e) There will be no date in the “Defaulted Date” field (as it will be removed)

f) There will be no date in the “Date Last Delinquent” field on the report

g) This will apply to all 3 Credit Reference Agencies, namely Experian, Equifax & Call

Credit.

 

I am requesting a signed true and certified copy of the original default notices under the Consumer Protection From Unfair Trading Regulations (CPUTR) 2008, The Consumer Credit (Enforcement, Default and Termination Notices) Regulations 1983, The Consumer Credit (Enforcement, Default and Termination Notices) Amendment Regulations 2006 and also The Consumer Credit Act 1974 (c.39) – s.87 & s.88 Guidance, and The Consumer Credit Act 2006 (Amendments).

 

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

Yours faithfully

XXXXXXXXXX XXXXXXXX

 

 

Barclays responded as follows

  • they sent regular letter to my home address and that as they didn’t receive a response to the termination letter, they were left with no choice but to place the default notice on my credit file
  • enclosed a “copy” of the termination notice that was sent to me
  • advised that as the default notice is factually correct they are unable to remove it
  • advised I have six months from the date of their letter to escalate to the ombudsman, if I escalate any later they will not give permission for the ombudsmen to access my data

 

Questions

  • What are the difference between a Termination Notice and a Default Notice?
  • Are they legally obliged to serve a Default Notice?
  • The Termination Notice they sent does not include a reference to section 87(1), does it have to?
  • Is it reasonable to argue that they should have tried to contact me by email or by writing to me at many of the up-to-date addresses listed on my credit file?
  • Should I demand a copy of the original signed agreement? Would this help net me anything?
  • Is it worth submitting a SAR for the Joint account to see if they ever updated the address on that account or have a record of me visiting the branch to tell them my new address?
  • Do I only have 6 months from Barclay's letter or can I send them a few more letters and have time for them to respond before escalating to the ombudsman?

 

Next Steps....

I was going to try the below next steps, are these a good use of time – any suggestions or builds?

 

  1. Is it worth submitting a SAR for the Joint account to see if they ever updated the address on that account or have a record of me visiting the branch to tell them my new address?
  2. Ask for a default notice, not a termination notice – demand the default be removed if this was not sent.
  3. Demand a copy of the original, signed agreement.
  4. Is there any route or argument that since the last transaction was before 2010, the default notice should apply from then and not 2015, when they decided to “cash in” so to speak?
  5. Panic and cry.

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