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    • Name of the Claimant ? Abu Dhabi Commercial Bank   Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 20 Nov 2019    Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) - XX + 19 = 08 Dec 08 Dec + 14 days = 22 Dec 19   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total    Particulars of Claim The defendant owes £25k (debt under a credit card agreement with ADCB dated xx/08/2014 despite formal demand for payment of the debt the defendant has failed to pay and the claimant claims £25k and also claims interest thereonpursuant to section 69 of the country court act 1984 limited to one year to the date hereof at the rate of 8% per annum amounting to £2000.   What is the total value of the claim? £27900   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? Yes - left Dubai   Did you inform the claimant of your change of address? No   Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit Card   When did you enter into the original agreement before or after April 2007 ? After - Aug 2014   Do you recall how you entered into the agreement...On line /In branch/By post ? Representative of bank visited at my place of work with all documentation.   Is the debt showing on your credit reference files (Experian/ Equifax /Etc...) ? Not sure - Can’t see it on Clearscore (Equifax), only have basic Experian app (not Credit Expert).   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. Note sure; don’t think so. Moriarty claim to have “been instructed on behalf of ADCB”   Were you aware the account had been assigned – did you receive a Notice of Assignment? No; only had a letter, then a Final Demand, then the Claim Form and another letter )all from Moriarty)   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? No   Why did you cease payments? I was made redundant so had to leave UAE to return to UK. Despite me advising  ADCB’s ‘agents’ (DCAs etc) I had no savings, couldn’t find any work nor borrow money to make repayments and was presently in a DMP, I was requested to make a payment as a “good faith” gesture and then they would agree that the sum would not accrue any further interest and subsequently enter into an “affordable agreement”.   Despite my intention to offer any possible solution that I could manage - e.g. merging into my DMP - ADCB were not interested and it reached an impasse.   The payment I did make incurred high charges (SWIFT payment) so I requested if I could pay by card or a method that would not incur high charges. I also offered to agree to % of any future income earned as well as a regular affordable sum. I was advised this would be possible, but all promises made to me proved to be false and so despite me communicating my situation to ADCB all I was offered was to enter into an agreement that I could not afford or ‘final settlement’ that I also could not afford. In addition to this, I’ve had all sorts of obfuscation, misrepresentation and false promises - esp. relative to Central Bank Listing, police case and suchlike -  that I was only promised would be “cleared up” should I make payment. So the situation reached impasse - I wasn’t getting any sense or manageable proposals and I certainly couldn’t afford to keep paying the amounts suggested (especially incurring £20+ charges each time).   What was the date of your last payment? Jul 16   Was there a dispute with the original creditor that remains unresolved? ADCB didn’t seem interested in the litany of  questionable methods employed by their representatives - e.g. misrepresentations, fraud, deceit - and my suggestions of possible solutions (DMP or % of future income) were ignored, rather they just kept wanting money I didn’t have to ‘hold off’.   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes - see above; I advised them I had lost my job, could not find employment, had no savings but would be agreeable to adding to my DMP OR perhaps agreeing to a payment plan on a % basis of any future income.   QUESTIONS Do I need to get a full Credit Report from Experian or Equifax (other than the apps)?  
    • I have had so much help on here in the past with Halifax and Paragon. After my win in court last october with Paragon they sold the debt to Mars Capital. I haven't had much to do with them yet but i know they are a vulture fund, they buy these loans at a cost. I want rid of it. The original loan was £35 k and paid in multiple payments to people i owed money to and some to me. Ive had high levels of arrears for at least 10 years i think . Are they adding interest to my arrears? does it go on balance - it says i now owe £54 k when i have been paying since 2007. I have high levels of chargers on there which i need to add up and ask to be deducted. If i worked out how much i had paid and offered them £12k or less are they no likely at all to take it or will they still expect £54k.  I want to offer a lump sum to get rid of it this year but there are so many issues with this loan - i SAR them back when paragon had it but i don't want to rock the boat - but if they don't have the credit agreement do courts still view this as unenforceable ??? should mars keep to the same rate that the original lender took loan out for??  I have threads on here going back years - the loan was with Advantage then to ADV2 then paragon now Mars Capital , a company called loan makers sorted out the secured loan - they were not paid by myself the fee was put on the mortgage / loan i think
    • Can I just leave it as saved and not submit or do I need to delete everything?
    • don't file yet not needed till/by 4pm tomorrow   let andyorch check things over 1st    
    • well the claim is stayed so don't panic for now.   is this the ONLY payment made and how did capquest get this out of you? by phone?   explain what caused you to make the payment and how you did it please   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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