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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Could someone please advise / comment???


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I am having problems with an entry in my credit referece files that RBS has made, i have satisified all my creditors through a DMP through CCCS.

 

All other creditors have made entries reflecting that i was on an arranged payment plan, Except RBS which showed the account 6 months in arrears right up to the date it was satisified in Jan 2006, yet i had been on a arrangement plan with them since 2000!

 

The "6 months in arrears" entries really kill my credit rating, yet the aranged payment entries do not, i have asked RBS to ammend the file to show i was on a payment plan, yet they refuse. I am about to send them the following letter, and comments/ help would be most welcome!

 

 

 

Thank you for you letter ref: xxxxxxxx

 

However I am still not satisfied with your response, you have supplied me with a canned response, and totally ignored my request. Which I will again repeat, this account was paid off on an arranged payment plan, agreed between RBS and myself, any credit report entries should reflect this.

 

I would like to point out the following statement in your letter:

 

“As a responsible lender, we believe that it is in the interests of the credit industry to provide an accurate portrayal of our customers”

 

I would like to bring your attention to the word “Accurate”

 

As you are aware, I am afforded principled rights under The Data Protection Act 1998, Schedule 1, Part 1. In relation to the manner in which my data is collated, stored and processed. Of particular note, is Principle 4: “Personal data shall be accurate and, where necessary, kept up to date.”

 

In keeping with principal 4 the entries on my credit reference should either reflect that the account was under an arranged payment plan (as ALL other creditors have done) and is an accurate portrayal of your customer, ie myself.

 

Or that the account was up to date at all times, as the agreed payment amounts were made on time every month.

 

I have already opened a notice of dispute with the relevant credit reference agencies.

 

If I do not receive a satisfactory response in 14 days of receipt of this letter, I will make a complaint to both the Financial Ombudsman, and the Information Commissioners Office. If it is proven that your data entries were inaccurate, under the terms quoted above, I will start a claim against RBS, for any financial hardship caused to me, by your irresponsible data reporting.

 

Further to the above comments, I have no recollection of ever signing a credit agreement that allows you to provide data to external agencies and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 cheque in payment of the statutory fee.

 

2. You must supply me with a signed true and certified copy of the credit agreement.

 

3. Any deed of assignment if the debt was sold on

 

I would request that this data is provided to me within the next 28 days, if you are unable to provide this data then I must insist that all data is removed from my credit files as unsubstantiated.

 

 

Yours Faithfully,

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