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    • 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 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
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Natwest CCA response, Help Please


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HI Bo

 

i never bothered in the end. i will wait and see if Triton go to Green Solicitors when they take me to Court.

 

HAK

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HI Bo

 

i never bothered in the end. i will wait and see if Triton go to Green Solicitors when they take me to Court.

 

HAK

 

Hello HAK.

 

Mmmmh its a bit of a boys club, so don't blame you. You need to hit them were it hurts

 

I do hope that when they take you to court, you will enter a defence and a counter claim for unlawful haressment and damages for their terrible breach of the Data Protection Act:p

 

Good luck, keep us posted:D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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  • 2 weeks later...

Well the 30th has passed so i am expecting a summons anytime now.

 

T/S have wrote them a letter reminding them about the perscribed terms and that they are breaking the law after 30 days etc.

 

Just bought a new suite ready for the day:D

 

HAK

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  • 4 weeks later...

Got a letter of Triton saying they are holding ALL legal action on the outcome of FOS.

 

I have invited them to take me to Court and hey still will not do it:D

 

HAK

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  • 2 months later...

Got a call on Thursday from a lady at the FOS.

 

Says she will start on my case next week.

 

This should be fun!!!

 

The word useless comes to mind.

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  • 2 months later...

Just thought I would give you an update on this.

 

FOS caseworker said it was an agreement and there was nothing more they can do.

 

I refered it to the manager who said the same.

 

It is now with the Ombusman to make the final decision. ( I want hold my breath).

 

Basically the FOS said there is proof you owe the money so thats that.

 

To be honest not bothered either way. They are only deciding if they have breached section 78(1) of the act. Bottom line is its totally unenforcable and its cost them £450 for the investigation

 

HAK

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Hi as normal this is FOS adjudication they give an opinion though from my own experience of them the do not seem to take note of the law just industry practice. Though I still say yes it's and agreement but it is improperly executed and therefore irredeemably unenforceable.

 

But there again I don't think I have to tell you that do I HAK

 

dpick

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  • 1 month later...

I got my final decision from the FOS.

 

Basically she said that I have admitted to having the card and spending the money....NO I HAVE NOT

 

Also that it is not the FOS place to judge the law so they do not uphold my complaint.

 

What a waste of time that was. Totally on the banks side and made assumptions with out getting the facts.

 

I ave wrote a letter back telling thm to basically get your fact right and re asses the case.

 

Will not hold my breath!!!!

 

HAK

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I got my final decision from the FOS.

 

Basically she said that I have admitted to having the card and spending the money....NO I HAVE NOT

 

Also that it is not the FOS place to judge the law so they do not uphold my complaint.

 

What a waste of time that was. Totally on the banks side and made assumptions with out getting the facts.

 

I ave wrote a letter back telling thm to basically get your fact right and re asses the case.

 

Will not hold my breath!!!!

 

HAK

 

Hello HAK,

 

After reading a few complaints to the fos, I would not have expected any the less of their investigation.:rolleyes:

 

As they have nicely stated, it is not their place to uphold the law:D

 

Are you still getting threats of court action and who now owns the account

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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In the CCA & SIs, does the copy agreement that does not have to be signed refer to the customer's copy that we get to keep, rather than the true copy?

 

I am in the same position. I have had an illegible copy of an application form then a reconstructed agreement with t&cs that differ from the original t&c leaflet that came with it. I got the Miss Bennett letter, then a claim that the application form is the agreement because it has my signature on it.

 

I suggested that them continuing to demand payment based on invalid documents satisfying my s77-79 request was fraudulent because without a valid response they couldn't ask for payment.

 

I think that when I complain to the FOS (for all the good it will do) I will suggest that their manufacture of documents & obviously getting it wrong but refusing to admit it despite the wealth of evidence shows that they cannot be trusted to do so

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When the letters start to flow again I am just gong to invite them take me to Court.

Bottom line is they do not have an agreement with any perscribed term on it so it can not bre enforced...

 

HAK

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Hi,

 

I've had dealings with Triton over last 2 years, don't speak to them they are vile!

 

The debt for 11k triton are dealing with wanted paying in 7 days or 2k a month, i CCA them but they haven't complied, they have now passed it onto green and co solicitors saying i haven't made a reasonable offer and they are likely to take me to court, i like the word likely, but they still haven't complied.

 

Have Natwest complied with your CCA? If it went to court and they haven't complied or have the correct paperwork surely it will get thrown out?

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Hi HAK,

 

No surprises from FOS. They are a complete waste of time and space. The only satisfaction is that they charge the bank £450 a time to conduct their 'investigation'.

 

Onwards & upwards with Miss B and Natwest for a couple of more threatograms from Triton and then the dreaded Green & Co, RBS's in-house 'solicitors'. Horror of horrors!

 

Doc

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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  • 2 months later...

Well been on my hols and have come back to a yellow slip from Allied International Credit demanding full payment.

 

Will send the cheque off tomorrow..NOT

 

Not had dealings with these before has anybdoy else?

 

HAK

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HAK,

 

They were one of the rudest & thickest DCAs I dealt with but went quiet after 3 months.

  • Haha 1

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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  • 5 months later...
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Hell mine from Natwest went Triton, Green and co, Wescot now AIC.

 

At the mo mine is on hold as they think they complied with CCA but i onl got an appliction form, then said i've requested a SAR when i still have the letter of their response and my cheque with their stamp on returned to me.

 

Think i may just invite them to take me to court and see what happens.

 

Mind i've asked the to stop processing my data if they can't produce an enforceable agreement.

 

But doubt it will make any differance.

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  • 7 months later...

Haha

 

They have actual had the bottle and started Court Proceedings on me.

 

I think Regal credit are behind it!!

 

They have started it in my local court and not attached the agreement to the claim. (well application form)

 

Also POC are crap so have asked the Judge to throw it out.

Was going to go for Summary Judgment but as small claims might as well let them waste money in solictiors representing it.

 

Bottom line is no credit agreement, no original copy of the application form they will produce...Happy Days!!!

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Interesting, mine is with Regal now also.

 

Spoke to them today as they were saying they are going to send someone round on a recorded message after i asked them not to contact me by phone.

 

Anyway the girl said she would bar my number and asked why they hadn't produced a CCA, i told her this has been going on 4 years and your about the 4th DCA to have this account so go back and tell Natwest to, well that's as far as i got as she hung up on me??

 

So can they start proceedings on you with no CCA? And if it went ahead could a court go their way with no CCA present??

 

olliepup.

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