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    • Ahh, discussion thread. Thank whoever. Forgotten what the points were  now, I will read and get back later.
    • I have completed answers as noted above.   Name of the Claimant ?  IDEM Capital Securities Limited Date of issue – 12 Nov 2019   What is the claim for – the reason they have issued the claim? a)      A credit card agreement made between MBNA Europe Bank Limited and the cardholder b)     Claimant purchased the balance on the account on xx/2016 c)      Cardholder accrued balance £5500 d)     Cardholder defaulted on payments e)      Claimant issued formal demand requesting payment on xx/2019 f)       Amount now due £ 5500 Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC ( Pre Action Protocol) ?  Yes Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No Did you inform the claimant of your change of address? n/a What is the total value of the claim? £6000 (now including fees) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?  Credit Card Do you recall how you entered into the agreement...On line /In branch/By post ? By post When did you enter into the original agreement before or after April 2007 ? July 1995 Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Yes Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.  Debt Purchaser Were you aware the account had been assigned – did you receive a Notice of Assignment?  Yes Did you receive a Default Notice from the original creditor?  Yes -though I am unable to find a copy Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ?  Unsure Why did you cease payments? Advised to as there was no enforceable CCA What was the date of your last payment? Feb 2019 Was there a dispute with the original creditor that remains unresolved?  Unsure Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan?  Originally informed MBNA that we were in difficulty and arranged a payment plan with them, they later sold the debt to Britannia Sarl (?) and we continued with the same payments, this was then sold to Moorcroft and we again continued the same payments. At some point later we contacted Moorcroft to advise our circumstances had changed and we offered a lower payment.  We were asked for income and expenses which we didn’t provide as we had contacted a debt help organisation who helped us work out what we could afford, however we did receive a letter on another debt at the same time accepting a lower payment (the circumstances were exactly the same – MBNA debt, sold to Britannia, sold onto Moorcroft) We continued with the lower payments.  In the last year we discovered that all our other debts were no longer showing on our credit files but this one was showing as continual defaults month on month. We contacted IDEM to ask why and they said the previous DCA hadn’t agreed to the lower payment and therefore we were continuing to default. At this point I sought advice from CAG and they advised me to ask for the CCA. I received a photocopy of the original application form and a page of Terms and Conditions that I was advised by CAG were not a CCA and I should stop paying.   I further received a pre-action protocol which I completed and returned and in response I received a notice of assignment, account statement and default notice  as I had requested, but they ignored the fact that I said they had provided an unenforceable CCA.
    • Just to update no reply from Marston regarding letter no further visit as yet.    
    • said that many times already.   time to move on me thinks   dx
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Locked ward

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A member of my family is in an NHS hospital. He has had a stroke that means he struggles to recognise places.

 

He has been assessed as having capacity, and wants to go home, so he is being discharged to living alone, carers coming in a couple of times a day, but basically, free to go where he wishes.

 

However, until all the carers etc can be sorted he is being kept on a locked ward, and the staff will not let him leave the ward.

 

Surely this is false imprisonment, if he has capacity they can't imprison him?

 

They have also said things like "you have to have a key safe fitted before we allow you home", and told him that he can't discharge himself.

 

Not that I want him to discharge himself, but surely, if he has the capacity to make the decision to be discharged into the community he has capacity to go down to the hospital shop to buy a packet of smarties?

 

 

What can I do? Surely they can't do this?

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Perhaps if he wants to leave, he should attempt to leave and see if he is prevented from doing so..

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Unless its a secure mental health issue, then they cant stop a patient from leaving.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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The ward is kept locked, only the staff can open the doors, and they refuse when he asks.

 

 

When I visit I can only leave if the staff let me out, it is really horrible...

 

 

It is an elderly medicine ward, so not mental health as such.

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The ward is kept locked, only the staff can open the doors, and they refuse when he asks.

 

 

When I visit I can only leave if the staff let me out, it is really horrible...

 

 

It is an elderly medicine ward, so not mental health as such.

 

It may be horrible to have to be let out by the staff, but it is necessary for SOME patients, (those who are confused and who aren't competent to decide to leave, who may otherwise 'wander)', so it isn't uncommon to find this, for their safety.

 

That doesn't mean it should be used to prevent the competent leaving, though!.

Have you discussed this with the ward sister, or his Care of the Elderly Physician (Consultant)?. It may be worth clarifying if they have concerns for his safety, if there is a deliberate policy, or if it is some over-zealous junior member of staff!.

 

Once you know they don't have grounds, then there are 3 options, in increasing levels of "impact":

 

1) You ask to leave, and he goes with you. You can go to the shop together, and he can return to the ward if he wants.

2) Arrange for a member of PALS to be with him when he asks to leave the ward. If they refuse, the member of PALS can advocate for him, if he isn't detained, and is competent to decide to leave. If they don't have grounds to detain him it is unlikely they'll decline when faced with a member of the hospital's own PALS team acting as an advocate ....

3) When they refuse to open the door for him, you or he tell them you will ask for the police to be called as he is being falsely imprisoned........ (I'd suggest being sure that he isn't being lawfully detained before this one!).

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PALS, as ever, are acting as the Hospital excuses department, I have never known PALS to act as anything other than a "PATIENTS ARE ALWAYS WRONG" section, but they have to be gone through before access is given to the higher levels of the complaints procedure.

 

The hospital have not gone through the Deprivation of Liberty procedure, I am not aware of any other lawful route that they could have gone down to be able to lock him up?

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Guest roaringmouse

If he wants to leave, tell hi m to set of the fire alarm. That will unlock all doors automatically.

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If he wants to leave, tell hi m to set of the fire alarm. That will unlock all doors automatically.

 

Reckless advise which could and would endanger lives if resulted in a evac !

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Reckless advise which could and would endanger lives if resulted in a evac !

 

And result in a criminal prosecution


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Guest roaringmouse

Trust me. If I want to leave any building and they refuse to let me, I WILL set off the fire alarm. When the police arrive I would simply explain that they refused to let me leave.

 

Nonsense advise that setting off the fire alarm endangers life. It is specifically there to SAVE lives.

 

The kind of advise that a child is given when a bully smacks them in the mouth - don't hit back. No DO hit back, twice as hard.

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Trust me. If I want to leave any building and they refuse to let me, I WILL set off the fire alarm. When the police arrive I would simply explain that they refused to let me leave.

 

Nonsense advise that setting off the fire alarm endangers life. It is specifically there to SAVE lives.

 

The kind of advise that a child is given when a bully smacks them in the mouth - don't hit back. No DO hit back, twice as hard.

 

Yeah, sod everyone else - Roaringmouse is stamping their feet and wants to play outside.

 

Halfway through delicate surgery Mr. Smith? Sorry, but we're having to stop and wait whilst the already stretched fire service send all available firefighters to a hoax call diverting them from real life saving oh and Mrs. Jones, don't keep pushing unless baby jones fancies making an appearance in the car-park. It's just that someone wanted a McDonalds happy meal and so they disrupted the whole hospital, every emergency service for 20 miles around and put countless lives at risk.

 

Do you want a fruit bag or fries with that?


My views are my own and are not representative of any organisation. if you've found my post helpful please click on the star below.

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Yeah, sod everyone else - Roaringmouse is stamping their feet and wants to play outside.

 

Halfway through delicate surgery Mr. Smith? Sorry, but we're having to stop and wait whilst the already stretched fire service send all available firefighters to a hoax call diverting them from real life saving oh and Mrs. Jones, don't keep pushing unless baby jones fancies making an appearance in the car-park. It's just that someone wanted a McDonalds happy meal and so they disrupted the whole hospital, every emergency service for 20 miles around and put countless lives at risk.

 

Do you want a fruit bag or fries with that?

 

 

Spot on! Not to mention the oxygen supplies that get disconnected! So patients reliant on O2 are now gasping while ward staff struggle to get enough portable O2 tanks to them - while starting to evacuate the ward !

 

Roaring mouse you clearly are a selfish person whom thinks only of one self ! Do some volunteer work in a hospital when there is a fire alert or training evac and you will see how pathetic and selfish your comment is.

 

 

You could quite easily call the police from a phone on the ward or ask someone to call on your behalf no ?

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Guest roaringmouse

Well there you go then. A sensible answer form a sensible person or two.

 

My original suggestion was meant in jest, but as people were so keen to jump all over me I thought I would ramp it up a peg or two.

 

OF COURSE you don't set of a fire alarm. Did you REALLY take that seriously???????

 

The ward is probably locked for a very good reason. But if the person has been deemed fit to manage at home that does NOT mean they are deemed fit to wander around the hospital.

 

Instead of asking halfwits like me and many others on a public forum for advise, why not talk with the hospital itself. The comments about PALS I found interesting as I have always found them to be exceptionally helpful.

 

Apologies if my 'advise' offended. It was meant to be tongue in cheek.

 

I will take myself away from the forum now.

 

Whoever is in admin, kindly delete my account.

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PALS, as ever, are acting as the Hospital excuses department, I have never known PALS to act as anything other than a "PATIENTS ARE ALWAYS WRONG" section, but they have to be gone through before access is given to the higher levels of the complaints procedure.

 

The hospital have not gone through the Deprivation of Liberty procedure, I am not aware of any other lawful route that they could have gone down to be able to lock him up?

 

 

Are you sure the hospital wont have put a Dols on him, when my friends hubby was in hospital they put one on him without telling her, he has dementia and was in hospital to unblock his bowels, they kept lying to her saying they were waiting for a consultant to discharge him, then he had high BP and then excuse after excuse, turns out they had got SS involved and were waiting for a meeting with them, my friend is her husbands carer, she has excellent support from her family and there was no reason to put a care plan in action (which is what they were doing).

 

 

Why didn't they tell her they had put a Dols on him because they didn't have to and because only they and SS were qualified to know and act on his best interests his wife of 40 years apparently had no say and couldn't possibly know what was in his best interests..

 

 

Have a read of this it will explain what is and is not a Dols and who makes the decision and how it can be challenged

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS62_Deprivation_of_Liberty_Safeguards_fcs.pdf?dtrk=true

 

 

If it were a member of my family I would be kicking up a fuss and demanding answers it does look like they are putting a care plan in place and have got SS involved

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Well there you go then. A sensible answer form a sensible person or two.

 

My original suggestion was meant in jest, but as people were so keen to jump all over me I thought I would ramp it up a peg or two.

 

OF COURSE you don't set of a fire alarm. Did you REALLY take that seriously???????

 

The ward is probably locked for a very good reason. But if the person has been deemed fit to manage at home that does NOT mean they are deemed fit to wander around the hospital.

 

Instead of asking halfwits like me and many others on a public forum for advise, why not talk with the hospital itself. The comments about PALS I found interesting as I have always found them to be exceptionally helpful.

 

Apologies if my 'advise' offended. It was meant to be tongue in cheek.

 

I will take myself away from the forum now.

 

Whoever is in admin, kindly delete my account.

 

No need to delete. Just don't log in. Your replies overall since you joined have been very concerning and would put the poster in much more trouble. Especially when you're telling them to break the law


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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