Drowning in Debt and very worried for my elderly friend

[joeblogs]

Hi Brassnecked, yes it was stipulated in CCA Section 77 that the £1 must not be used against the debt - letter used from CAG library. 

N/Wide wrote back, kept the £1 and stated that the letter had to be signed (which it doesn't have to be signed) and asked for £1. 

A second letter was sent with my friend sqwiggling his signature and pointed out that they had already received the £1. 

 

To date,. he has not received a copy of his credit card agreement. 

As two requests have been sent for a copy of the agreement, I am at a loss as to what to advise him to do about getting a copy.

 

Hi Andy, 

he has three N/Wide debts, the PDF in post 42 is for his loan. 

He has not received the agreement for his credit card with N/Wide as mentioned in the paragraph above. 

 

Then he has an overdraft, but the advice on the forum was not to worry about the overdraft at this stage.

[joeblogs]

Hi,

 

Andyorch, you say in your post number 47 that the Barclaycard debt is not enforceable.  Can you explain in a couple of sentences why it isn't enforceable.  Thanks

[dx100uk]

For what purpose.??

Dx

[AndyOrch]

Look at the screen shot......

 

A screen shot retrieval of application is not a copy of the agreement .....reconstituted or the original.A set of terms and conditions does not satisfy a request under section 78 of the CCA 1974...

[joeblogs]

Hi DX100uk

 

I asked so that I could try and explain it to my friend  as I didn't understand the agreement.

 

Hi Andyorch

 

Thank you for explaining, I can now show him what you have written.

____________________________________________________________________________________________________________________________________

He is going on his appointment to the Mental Health Team on 17 December so he will ask if his doctor will complete the Debt and Mental Health form.

 

He has sent yet a third request under Section 78 for a copy of his N/Wide credit agreement and he has still not received it from them.  The first request they put the £1 postal order against the credit card debt, a second letter was sent explaining all this and to send a copy of the agreement, yet again this was ignored.  A week ago a third request was sent and they still haven't  sent a copy of the agreement.  I am beginning to think they haven't got a copy of the agreement.

 

I will update in due course.

 

Thanks

[dx100uk]

so i'm i.

 

I asked the q so I could give you an appropriate response as I guessed that was the reason but wanted to be sure.

 

andy's already answered so … you should be ok

 

dx

 

[joeblogs]

Thanks to both Dx100 and Andyorch for taking the time help, much appreciated.

[joeblogs]

Hi everyone

 

Yet another issue has arisen. I'm at my friend's now and he received a DEFAULT letter yesterday dated 28.11.19. from N/Wide Credit Card when he had only missed two payments - the third payment was due 01.12.19.  I was under the impression that a Default Notice is only issued after 3-6 payments had been missed.  I did Google this and the guidance is from the Information Commissioner's Office.

 

Also to add insult to injury, this is the very debt he has written to N/Wide to request a copy of the agreement.  Without seeing the agreement, we don't know if it's enforceable.  They just keep ignoring his requests, they even put the £1 postal order against the credit card debt.

 

Please, any suggestions of how to proceed in the matter.

 

Thanks to everyone in advance.

 

 

[dx100uk]

they don't 'have' to abide by the guidelines re Defaulting , before sending a default notice, which must be in a specific format and give a date better than 14 days away to rectify the breach listed.

 

the fact that they have or don't the agreement is irrelevant to issuing a DN

[joeblogs]

Okay DX thanks for answering that one. 

 

With regard to  the credit card agreement we can't make them send a copy, so it appears he is stuck on that one.  I can't advise him any further as how to obtain a copy of the agreement when he's asked for it 3 times.

[dx100uk]

Then NW get no money till they comply

ball i s in their court

[joeblogs]

I agree with you DX100, but N/W don't want to play ball and send a copy of the agreement after 3 requests.  How will this stand if it goes to Court?

[dx100uk]

very badly.

Nw are one of the very few original creditors that do do court on rare occasions and don't like selling debts to DCA's.

but in this instance they wont go near a courtroom door and I expect sell it on.

until either of those happened i'd tell him to sit on his hands with regard to this debt.

 

[joeblogs]

Happy new year Cagers,

 

I want to update you on my elderly friend.  Save reading this whole thread, he's on disability benefits and has multiple debt with Barclays and Nationwide.

 

Mid December he went to see his psychiatrist who completed a Debt and mental health evidence form and the psychiatrist gave him a very powerful letter about his fragile state of mind to send to ALL his creditors  even ones he is managing, which I think is only fair advice.  Only problem is one of the creditors who he is just about managing holds his current account (the current account is in credit so he can close it when he can get his basic bank account up and running) where his benefits are paid into and if he misses any payments they will just take them at source.

 

He has applied for a basic bank account and was advised not to send out the Debt and mental evidence form and the supporting letter - he's also got an income and expenditure with a Nil income available per month after paying priority debts. The outreach CAB helped draw up this document and advised that until the basic account is up and running and all his benefits have been transferred, not to send out the psychiatrist's letter, mental health form and income and expenditure as it could jeopardise his current bank account and his benefits would be swallowed up.

 

This week he had confirmation that he's been accepted for a basic bank account and if the need proof of ID or address they will ask for it.  They should have it anyway as they do a 'soft credit check', Co-op basic account. 

 

In late December N/W  sent him a 'Cooling off period' letter and an income and expenditure form to complete, it said they would not be in touch for 30 days.  The CAB advised to use the income and expenditure the CAB had prepared, but to wait until the basic bank account was up and running. 

 

Also after 4 letters, eventually under the CCA Section 78, N/W after taking the £1 postal order and putting it against his credit card debt, decided at the beginning of January to send out a book load of paperwork containing the credit card agreement.

 

Today a large man turned up dressed in black with a clipboard rings his doorbell.  My friend has a Ring device and answered it on his phone, the guy said he was from Excel and that he wanted to speak to Mr John XXX, my friend couldn't understand hardly a word he was saying apart from Excel, eventually the guy pushed a letter through his letter box.  John won't open the letter, so I've reassured him that he did the right thing in not opening the door, and if he turns back up to just ignore him.  I will pop round later or tomorrow.

 

Who are Excel, given that B/Card are quiet and N/W have given a 'cooling off' period, John owes nothing to anyone else.

 

Any advice please.

 

 

 

 

[dx100uk]

debt advice councillors I bet

yes totally ignore.

 

dx

 

[joeblogs]

Had a look at his Ring video recording and it was Excel, the envelope ask for John to call him re N/W.  I've told him not to phone and that he did the right thing.  Do you think N/W has already sold the debt on as it's still on 3-4 months from the last payment. That's the thanks for him banking with them for over 20 years.

 

[dx100uk]

Cause not

He'd get lots of letters before than and a notice of assignment

[joeblogs]

Oh, sorry I don't know what the bank's timelines are or anything about assignments of debt. 

 

So as it's not been sold and N/W told John he had a 30 day cooling off period, why on earth would a debt collector come out? 

 

I'm so confused myself, don't know how people manage with these financial institutions, thank goodness for this forum.

[dx100uk]

seriously don't worry about it all.

it's all a dca can do..create worry.

 

dx