Drowning in Debt and very worried for my elderly friend

[joeblogs]

Hi Everyone

 

On behalf of my elderly friend and on the advice received on this forum, last week I sent Nationwide a Section 78 Letter with a £1 Postal Order by Recorded Delivery.  My friend did not sign the letter as advised, I just typed his name at the bottom.

 

Today he has received a reply from them saying 'you have not signed the letter of authority, therefore I am unable to respond to your request for information at this time. 

 

I have returned the letter of authority that you have provided.

 

Please ensure when making any future requests for information that the letter of authority is signed and that you provide the relevant fee, which is £1 for each of the accounts that you require information on'

 

Written on the top of my friend's letter to them is '£1 postal order received 15.10.19.'  They never returned his postal order.

 

Can you please advise me what I can do next for my buddy.  Thanks

 

 

 

[dx100uk]

theres no need to send the CCA from 'you'

just send it as if its him doing it

that way, it negates the need for a letter of authority

 

its the CCA request he does not sign.

 

he obviously, if you included one, has to sign the letter of authority..

[joeblogs]

Hi DX100

 

Sorry I think I have confused people.  I only typed the letter for my friend as coming from him (not me), for all Nationwide know the elderly man typed the letter, sent the Postal Order and sent the letter by Recorded Delivery.

 

It was NOT a letter of authority, it was the Section 78 letter from your library.  So as Nationwide are not accepting my friend's letter due to him now signing it what should he do now, resend it and sign it or what can anyone suggest.  They have kept his postal order.

 

Thanks

[dx100uk]

Thank you

You do not have to sign a cca request.

I will assume he has not moved since taking this out and omitted to inform them?

[joeblogs]

Hi DX100

 

Thanks for replying.  No he has not changed address.  They are insisting that the cca request letter must be signed.

 Can you please advise me as to how he should reply to them.

 

Thanks

[dx100uk]

please show me where under the consumer credit act it states I must sign a CCA request, which is my legal right under the act to use to request a copy of the agreement I signed upon opening the account?

 

dx

 

[AndyOrch]

Simply get your friend to squiggle his name...not his usual signature...they dont know his signature.Its no use trying to educate NW about the CCA1974 and section 78 requests

[joeblogs]

LOL thats funny about educating N/W.

 

So I've told him not to worry and we will send them back the letter and a letter explaining what DX and Andy said.

 

Thanks for all your help.

[joeblogs]

Good day everyone,  as advised, CCA1974 section 78 request letter was sent back to N/W yesterday with an add on 'where does it state on CCA that the request must be signed?', my buddy sqwiggled his signature at the bottom of the letter and I took him with me to send it by Recorded Delivery.

 

This morning I have popped into see him and he showed me his phone, N/W sent 11 text messages yesterday afternoon in one hour and this morning they have already called 6 times and it's only 09.40am.

 

Is there some organisation that these relentless calls and texts can be reported to?

 

His family are coming to see him later today as they carry out his care needs and I'm going away next week but have told him he can call me if he gets worried about anything. 

 

Before I go I would really like to know if N/W can be reported for harassment. 

This guy who is reliant on disability benefits and per my original post on this thread,

 

I called N/W with his consent and asked if they would accept on his behalf £285 per month which would have made him struggle,

I feel really guilty now as they still refused his offer. 

I cannot believe what lengths these creditors will go to.

 

Thanks everyone

[AndyOrch]

Retain the log by way of the phone dont delete anything may become useful if they wish to progress  legally.

[dx100uk]

yes log everything

then a formal complaint can be made to the CEO email address

and if no joy off to the FOS.

 

[joeblogs]

Hi and thanks for your replies.

When my friend was answering his telephone to N/W he complained then about the harassment and they said they would look into it.

He received a blog email off them which just touched on the constant phoning and they said

'In terms of the calls you've been receiving, these are dialed automatically from our Collection and Recovery Team and I apologise for any upset caused'

 

I've had a quick look at FOS on this site and it doesn't appear he would benefit to complain to them.  He does have a smart phone so all the calls are logged and I've shown him how to block the calls as they keep using different numbers.  I think that's the best way forward until he hears from his request CCA 77 and 78.  As mentioned Monday N/W said that CCA 78  had to be signed.  He sqwiggled at the bottom of the letter and he will probably get a reply when I'm away.

 

Unless anything else crops up before I go away, I want to thank everyone for their assistance.  I have reassured my friend that nothing bad is going to happen and I will come back with updates when I return.

[joeblogs]

Hi everyone

 

Just wanted to update the forum and ask for more advice as I am helping an elderly man who has got himself into a financial mess.

 

You will see from my post number 26 that N/W returned the request but not the £1 postal order and stated in their letter 'Please ensure when making any future requests for information that the letter of authority is signed and that you provide the relevant fee, which is £1 for each of the accounts that you require information on'  

 

I took the advice in post number 31 and resent the letter on 22 October adding  'where does it state on CCA that the request must be signed?' and got my friend to sqwiggle his name at the bottom of the letter.  I also reminded them in that letter that they had already received a postal order for £1 which was sent with the request and that it was not to be used for any other purposes.

 

Upon checking all of his letters over the last couple of weeks, I see that N/W have only gone and added the £1 Postal Order onto the credit card debt as a partial payment on 15.10.19.   -   Any advice on this please as I have already written on behalf of my friend twice to N/W pointing out the obvious, however, they seem to be doing their own thing.

 

With regards to his loan with N/W, he sent a letter on 14 October under section 77 enclosing a £1 Postal Order and they have sent him a copy of his personal loan agreement - and returned the £1 postal order for that request!!!

 

Also he has received from Barclaycard a reconstituted copy of his credit card agreement.

 

I could do with advice on how to move forward with N/W using the £1 postal order against his debt and how to obtain a copy of his agreement under section 78.

 

Also, what happens now that he has copies of his N/W Loan and Barclaycard agreements.

 

All advice gratefully received, thanks.

[AndyOrch]

Scan redact and upload a copies of what they have sent you for opinion.

 

With regards to the £1 payment....they must account for the payment somewhere so very often add it as a credit against the debt...but its not a credit nor is it an acknowledgment its simply a valid legal fee to request paperwork pursuant to section 77 CCA1974. Now you know what that payment was for and so do they....and if it ever came into question if arguing statute barred and limitations it is obvious to all that its a section 77/78 request payment and not a credit.....so dont concern yourself with that..

 

Andy

[joeblogs]

Thanks Andy.  Do you just want me to upload his N/W Loan and Barclaycard agreements or do you want me to include the £1 debacle letter?

 

None of his debt are statue barred as he has been paying right up until September 2019.

 

I will upload when you tell me if you want to see.  Thanks.

[AndyOrch]

Just the agreements...redacted.

[joeblogs]

I have gone through the two CCA documents, scanned them, transferred them into PDF's 

 

my elderly friend is getting more and more upset due to the high pressure of harassment he is experiencing from the two creditors in the way of tree loads of letters and daily phone calls - the calls are blocked, but I looked at his phone and one day he had 22 phone calls.

 

He does have mental health issues and is due to see his Mental Health provider next month. 

B/Card have sent him a form and asked him to ask his psychiatrist if he will complete it. 

 

I've had a look at this form 'Debt and Mental Health Evidence Form' and if he can get it completed it can be copied and sent to all creditors along with an I/E form, then B/Card have said they will decide what direction they will take.  The Evidence Form is not specific to any particular creditor which is great if he can get it completed.

 

Bearing in mind, his appointment is not until mid December, then we have Christmas and New Year, I don't think the Evidence Form and I/E will get looked at until the New Year.  I have got time before Christmas to help him complete an Income and Expenditure form, or I can ask the family to help him out, but they are more 'hands on' with dealing with his disabilities, medication and health complications, so I don't mind spending a couple of hours going through an I/E with him, also he tends to open up to me more than his family.

 

Should I help him complete an I/E and send it to his two creditors, or should he wait and send the Evidence Form and I/E together.  I personally think it's better to send them both together, but it's the threatening letters he keeps receiving and phone calls which are making his mental health worse.  I do my best to reassure him and would welcome opinions on what I have suggested in this post.

 

Thanks for all your advice.

 

 

BC_CCA_return.pdf Nationwide CCA return.pdf

[dx100uk]

pdf's in above post

[AndyOrch]

The Barclay Card response is pants and invalid......so its your choice what you wish to do with that.The NW agreement looks legit and enforceable ...is that the correct start date Sept 2017 ?

[joeblogs]

Hi Andy

 

Yes the N/W start date is correct, he's paid 2 years of a 3 year agreement, there is one year left owing.

 

Thanks for the advice on B/Card.

 

So going back to my post 42, should he wait until he's had his appointment with his mental health provider mid December and hopefully they will complete the 'Debt and Mental Health Evidence Form', then he can send copies of it to N/W and B/Card with an income and expenditure, the only thing with that is it won't be looked at until after Christmas?   Or has anyone got any other suggestions?

 

Thanks

 

 

 

[joeblogs]

Hi everyone

 

I could do with some advice now as to how to move this problem for my friend forward.

 

Should he wait until mid December and ask his Mental Health psychiatrist to complete the Debt and Mental Health Form and send it to B/Card and N/Wide with an income and expenditure, or can anyone suggest anything in the meantime.

 

I personally think he should wait until he's see his psychiatrist, but then they won't get any correspondence until the new year.

 

Any suggestions gratefully received.

[AndyOrch]

Well there's no need to respond to Barclays at all they dont have an enforceable agreement...but with regards to NW you could inform them of the position and you will contact them again in December.

[joeblogs]

Thanks Andy

 

N/Wide didn't send him the Credit Card agreement, instead putting the £1 for the CCA Section 77 against the debt, so he doesn't know if the credit card is enforceable.

 

I could always advise him to ask N/W to send the agreement when we tell them the position and we will be back in touch in December.

 

Thanks

[brassnecked]

Presumably it was stipulated in writing that the £1 was for the CCA, and was not to be used against the debt, if so should be OK.

[AndyOrch]

The NW agreement you uploaded in post # 42  ???