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    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
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Fred Bassett v Bank of Scotland/Blair Oliver Scott


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Wow, i'd missed FDPMs thread. Probably explains why things are so quiet.

Let me know if they agree to 5%.

Thanks Jon

 

Will do. It won't be for a couple of months as a I have another one I want to sort out first, but I'll post up what happens.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi fred

I 've done nothing but read about you and been posting threads regarding my preference account - i seem to have acquired as a result of a loan i took out but unsure where to go from here ! Could you please take a look at my thread

 

icon11.gif Re: Preference Account Holder since i took a loan out !!! HELP!

[/url]

 

Hi thanks for replying !

An update since i've been unclear in my thread.

I have sent a Subject access requestlink3.gif with a £10 cheque to Capital Bank and on the last day of the allowed 40 i receive communication , in the shape of a list of transactions from the start of the loan to the end of it and only one default ( NO default notice served ). But this isn't my issue, the Preference Account that derived from this account ! They say they hold no other information other than the loan ??? !!! This confuses !!

I still have had to use this card as a way to survive the rollercoaster, no realising the APR and the min payment only just covering the high interestlink3.gif- i have no recollection of signing for such card, and this account has stopped me obtaining credit due to the debit card facility at the cash point - but experianlink3.gif classing it as a credit account !! What can i do ? I'm on the sick waiting for a back operation, my stress levels and my money worries are not helping !

Would love some help ? Advice ? direction - Heads in shed !

How can i ask for help from Mr Bassett himself or Abbey or Site Advisors ?

heres my last post !!

Edited by citizenB
Included link to thread referenced.
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  • 1 month later...
  • 1 year later...

Just an update on this. My credit report in 2011 was marked for this account "closed in November 2011". Sure enough it has now dropped off the list. I don't suppose these means I've heard the last of it - BoS have probably sold it on. Has anyone else heard anything on their preference account recently?

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I wonder if these have been sold on to somebody. I can't believe that they would simply just write them off without attempting to get some money back.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I wonder if these have been sold on to somebody. I can't believe that they would simply just write them off without attempting to get some money back.

 

 

I am wondering (hoping) that they have recognised these are mostly duff accounts, some with mega charges and PPI that was neither requested or required.. and they have indeed written them off!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am wondering (hoping) that they have recognised these are mostly duff accounts, some with mega charges and PPI that was neither requested or required.. and they have indeed written them off!

 

Fingers crossed you're right CitiB, but we still have to be vigilant. I think HBoS realised that BoS made a massive mistake with these cards. They did try it on with some Caggers, but they got seen off. Power to the people!

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I've not heard from them since I asked them whether there discount offer was an April fools joke! I had the same letter as post 262 dated 1st April 2009.

Mines gone from my credit report now as it was defaulted in November 2005.

 

That's exactly the same as mine, defaulted in 2005 and now off my credit report. However, I was making payments to this account through the CCCS early in 2008, so it's not stat. barred yet.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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That's exactly the same as mine, defaulted in 2005 and now off my credit report. However, I was making payments to this account through the CCCS early in 2008, so it's not stat. barred yet.

 

Hi Fred, My Last payment via

the idjits at Iqor was 1/10/08 I stopped after I CCA'D them and they provided a bit of toilet roll!

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Oh heres a copy of the letter I sent them:

Cut and pasted from another thread!

Dear Sirs

 

With reference to your letter dated 1st April 2009, which I can only assume to be Aprils fools joke. A copy is attached for your ease of reference. The contents of which are noted.

 

I must admit to bemused and concerned about your Frivolous demands for payment. This account is subject to a serious formal valid dispute and has been for some considerable time.

 

 

Clearly, the alleged debt is disputed. You have been provided with full details, but have failed to make any substantive effort to resolve the dispute. It should not be necessary to remind you that the Office of Fair Trading Guidance on debt collection is clear that failing to suspend collection activity whilst a dispute is unresolved is an Unfair practice. Your activity also appears to be contrary to ss.3(b) & 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

As you have failed to provide an enforceable Agreement, you are now in breach of OFT Collection Guidelines, and have also breached my s10 Data Protection Act request , My request for refund of Unlawful and unauthorised charges has also been ignored.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40.

 

 

I note your Frivolous threats to sell my account to a debt collection agency, under no circumstances are you permitted to transfer my account to any third party. If you transfer my account to any third party, this will be invalid & unlawful.

Immediate complaints will be made to all relevant regulatory bodies including. Trading Standards, OFT and the Data Commissioner.

I will also complain to My Local MP.

 

I will also advise any third party you assign or sell this account to, to seek redress from yourselves.

 

I have repeatedly requested a signed copy of the credit agreement, which complies with The CCA 1974, which you have not been able to produceand I do not recognise any liability to you or your legal right to pursue this alleged debt.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. The following examples are from high court and the court appeal case law which backs up any legal defence, or counter claim under Consumer Credit Act 1974 s.142

 

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

Should I need to pursue court action there I am currently in discssions with a firm willing to do this on a no win no fee basis and this would incur considerable expense to your self both in litigation costs and my legal costs.

 

 

As a compromise I suggest you write off this alleged debt and remove all reference from my credit files.

 

Should I not receive a satisfactory reply then I will be enforcing my legal rights through the courts and would suggest you pass this letter to your legal department for their attention.

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. This alleged account is subject to a very clear dispute and therefore the following applies:

You may not demand any payment on this account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to this account.

You may not pass this account to any third party.

You may not register any information in respect of this account with any of the credit reference agencies.

You may not issue a default notice related to this account.

Consequentially any legal action you pursue will not not only be VIGOROUSLY defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

 

I trust this outlines the situation.

Yours Faithfully

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Mine was sold on ... had a chasing letter, replied stating unlawfully sold as still in dispute, and told them why i.e the cca provided contained no reference to regulation under the CCA74 - despite BOS confirming the account to be a credit card and regulated under the act.

 

As you would guess, no reply ... and nothing further recd to date ...

 

Abs

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  • 1 year later...

long time since posted as little or no action. Recently started receiving letters from Lowells saying they'd bought the debt (HBOS PREFERENCE ACCOUNT) etc and must pay etc - no valid dispute - held my ground and stuck it out - received letter from Lowells on Friday saying ".... reviewed the file in its entirety and have now written balance off as agesture of goodwill (more than £10k) and that all adverse info will be removed from credit file - debt will not be sold on anymore and we won't be contacted again...." Incidentally they never sent me a copy of agreement ,

thanks for help on this

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long time since posted as little or no action. Recently started receiving letters from Lowells saying they'd bought the debt (HBOS PREFERENCE ACCOUNT) etc and must pay etc - no valid dispute - held my ground and stuck it out - received letter from Lowells on Friday saying ".... reviewed the file in its entirety and have now written balance off as agesture of goodwill (more than £10k) and that all adverse info will be removed from credit file - debt will not be sold on anymore and we won't be contacted again...." Incidentally they never sent me a copy of agreement ,

thanks for help on this

 

Cleo, this is fantastic news - do you have a thread of your own for this ?

 

Do not destroy that letter.. keep it safe for at least a couple of years :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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long time since posted as little or no action. Recently started receiving letters from Lowells saying they'd bought the debt (HBOS PREFERENCE ACCOUNT) etc and must pay etc - no valid dispute - held my ground and stuck it out - received letter from Lowells on Friday saying ".... reviewed the file in its entirety and have now written balance off as agesture of goodwill (more than £10k) and that all adverse info will be removed from credit file - debt will not be sold on anymore and we won't be contacted again...." Incidentally they never sent me a copy of agreement ,

thanks for help on this

 

Hi Cleo,

 

Was there any particular letter / wording used that made them give this reply?

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  • 1 year later...

Hi, my preference account was stat barred in July. Got the first statement in 6 years on Saturday email Ce of Bos with Stat barred letter, got home today to find letter with £150 offer for the inconvienience and accepting stat barred.

Balance was over 15k!

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