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    • 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. 
    • They’re reporting it as the first case caught in the UK.  How do they know?  It may be the first case as such needing medical attention but surely that’s all they can say.  There could be cases where the symptoms were so mild they’ve gone unnoticed.
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CookieRocks

CAP One Recon CCA

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Hi

 

For a while Arrow and now Drysden Fairfax have been irritating me with a Capital One CC account which was defaulted on.

 

Taken out in 2001.

Last payment approx 3 years ago.

 

In May, I CCA'd them, eventually received the attached document.

They say they've sent a Recon, quoting a high court decision in 2009.

 

This document is all they sent, despite their letter saying that they have also sent a copy of the terms & conditions.

 

Does not sending the accompanying t&c's mean it's failed CCA reply?

More importantly, is the attached CCA enforceable? It's termed as an Application Certficate? Prescribed terms? (I'm not too clever on this aspect)

 

Thoughts and advice appreciated.

 

CR

cap one recon cca.pdf


CookieRocks

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Bog roll


please don't hit Quote...just type we know what we said earlier..

 

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Found an old cap1 thread

Merged

But might this be a diff card I think you had 2?

But dealt with both in the old thread anyway

So I'll merge them for history

 

Dx


please don't hit Quote...just type we know what we said earlier..

 

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Found an old cap1 thread

Merged

But might this be a diff card I think you had 2?

But dealt with both in the old thread anyway

So I'll merge them for history

 

Dx

 

It's a different card. The former is dealt with.

 

Merging is fine, as long as it doesn't confuse issues.

 

Bog roll

 

Thanks dx.

 

I'm thinking the same.

However, looking around,

I noticed that there are one or two people who have the same 'Application Certificate CCA' who have received court claims.

 

 

One is already in the midst of defending

whereas the other is in the same boat as me,

although they mention receiving court papers.

 

 

It seems that whichever company is chasing these Cap One debts seem confident enough that they are good with these documents. Obviously, I want to avoid that.

 

So, really what is my next step?

 

Their last letter (Drysden F) asks me to contact them early next week.

I don't plan to,

but I was thinking of sending a failed CCA letter,

 

 

I just need help wording it as to why it is faulty if it is.

 

 

I'm sure they have failed by not providing the mentioned T&C's but is that enough?

 

Hopefully someone can look at the attachment again and give me some pointers.

 

Thanks for the help once again.

 

CR


CookieRocks

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I've unmerged them to not confuse others


please don't hit Quote...just type we know what we said earlier..

 

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current wisdom over the last few years is to no longer send the CCA failure letter

no point really

 

they know the score

 

theres not much you can do to avoid a claimform

if? that's what they are upto.

 

pers i'd let it run.

 

I take they are willy waving about carey? case

 

what they have sent does not meet even the recon rules to comply with those

and I doubt very much, without the correct T&C's that were SENT to you

[rather than t&c's from their filing cabinet with you stuff insert

would meet enough for a court claim.


please don't hit Quote...just type we know what we said earlier..

 

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That response from [email protected] is hilarious!


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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current wisdom over the last few years is to no longer send the CCA failure letter

no point really

 

they know the score

 

theres not much you can do to avoid a claimform

if? that's what they are upto.

 

pers i'd let it run.

 

I take they are willy waving about carey? case

 

what they have sent does not meet even the recon rules to comply with those

and I doubt very much, without the correct T&C's that were SENT to you

[rather than t&c's from their filing cabinet with you stuff insert

would meet enough for a court claim.

 

Yup, Arrow quietened down but then passed it on to Drysden to run around after. Drysden are the irritants, sending letters every few weeks, their latest missive just asks to contact them to make payment or ask for their help by a date next week.

 

I've attached the letter that came with the 'agreement', doesn't specially mention the Carey case though.

 

That response from [email protected] is hilarious!

 

:-D

 

I take it, you are also of the opinion that it's not what and/ or how it should be?

 

Another question, just for reference, if they were to send I assume a LBA (they should send one before they issue court papers??) how should I reply?

 

Thanks for your help

 

CR

letter.pdf


CookieRocks

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https://cse.google.co.uk/cse?cx=partner-pub-8889411648654839:6449422593&ie=UTF-8&q=carey+2009&sa=Search+CAG#gsc.tab=0&gsc.q=carey%202009&gsc.page=1

 

carey case 2009.

 

you don't reply ever

this might have been your down fall

you have been replying in the past?

 

keep quiet.

 

the idea of all these letters is to gander a response.

 

don't, wont prevent anything.

 

they know at present all they have is part of what they are required to hold.

 

if they were that confident of their hand

they would have filed years ago.

but you see, its not in their interest to do so.

the closer they leave it to SB date the more int they can claim to be owed.

 

dx


please don't hit Quote...just type we know what we said earlier..

 

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Fair enough. I see what you mean.

 

To be fair I only did the CCA request, other than that no other contact at all.

 

I'll hold tight.

 

Thanks dx

 

CR


CookieRocks

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