Robinson Way help please

[UnitedFront]

Hi, thanks for the reply. At the end of 2004 she was very much not of sound mind, she was suffering from post natal depression having recently given birth and was diagnosed as Bi-polar around that time. She does have doctors records etc to back this up.

 

As I have said, she doesnt remember ever taking this thing out but with her health it is possible that she has forgotton things.

 

Can you point me in the direction of any legislation that I could rely on with regards to getting them to go away on the grounds that she was very ill at that time (she was actually admitted briefly to a mental health unit for a spell at around this time)?

 

Also any expert opinion no the ca still very much appreciated regards the cancelation rights and signatures etc as well as any other advice.

 

Thanks again everyone:)

[palomino]

"First of all they are not obliged to send statement in response to a CCA request. Such a request only covers the credit agreement itself. they are actually obligated to send a statment of account but not a complete set of statements. this must show upto date info about the account. If want all the statements (as well as lots of other things) then you need to make a subject access request (S.A.R - (Subject Access Request)) under the terms of the Data Protection Act. The prescribed fee for this is £10. There are several good letters around here to use and someone will surely point you in the right direction. yes this part is true but the S.A.R - (Subject Access Request) covers more than just statements which is why I said 'lots of other things'. If they do take your sis to court over this this S.A.R - (Subject Access Request) will go to a cpr which is the same and will be free. "

 

I think we're talking about the same things in different words ...

[UnitedFront]

Thanks for the reply. I have got the S.A.R letter saved on my computer for if we need it but if there is something wrong with this credit agreement that they have sent her then I figured it may be easier to argue it from that angle?

 

If I am right and there is something wrong with this agreement then i understand this mean the debt is not enforceable?

 

xxorlsxx: Where can I find out more about the situation with regards to having the case ceased due to mental ill-health?

[The GodMother]

yes but under the cpr request it covers a bit more than the sar does as well.

 

I never said the CCA will give you full statements.

[pt2537]

Sorry, the agreement is,IMHO enforceable if that is your signature on the document

 

as for cancellation rights? did you spend on the card in store when you opened the account , if you did it is my understanding that the Cancellation rights do not apply

[xxorlsxx]

HI,

One of the reasons i replied to your thread was because i Know of a case where a well known bank gave a loan to someone who was mentaly ill and the court ordered the bank to write off the debt.

The other thing is i'm a trainee volunteer at the CAB, we get so many debt cases come through where people are harrassed by RW and their ilk,

DONT LET THEM GET TO YOU..they are going to try to bully you into paying them.

They cant take you to court while the debt is in dispute, they wont take you to court unless they are sure they will win, so if you write to them saying that the signatures are wrong and also that she is ill (bi polar, is that a bad form of depression)?

Also if your sis is on benefits or a low wage the worst case scenario is that she will only have to pay £1 per month.(but cross that bridge when or if you come to it)

I really urge you to go to your local CAB they really are red hot when it comes to these cases, they wont judge you or look down on you THEY WILL HELP. From what ive seen i think that the debt will be written off (sorry alledged debt) due to her circumstances, and thats only if they can prove it is her debt.

I am back at the CAB tomorrow ill ask an experienced adviser and get back to you.

ps dont deal with em on the phone.

[UnitedFront]

Hi pt, I am handling this matter for my sister. As I have said, she is adamant that she does not remember ever having had an account with these people and so no, she doesnt ever remember purchasing anything with this card as she doesnt ever remember having had this card!

 

The bottom signature on the document sort of loosely resembles her signature but the top one looks nothing like her signature!!

 

Any more advice on what the next step should be would be greatfully recieved! Im not sure what a S.A.R request would do to help us at the moment because I am not sure what we would be hoping for?

 

Obviously if there is little chance of us winning if this did go to court then I need to try and prevent that from happening at all costs because her mental health simply could not handle the stress of such a situation.

[UnitedFront]

Hi xx, thanks again for the reply.

 

Bi-Polar used to be called Manic Depression and is a severe form of mental illness/depression that caused great changes in both mood and behaviour. Sufferers experience iratic swings from very very happy(even delusions of grandeur) to very very sad and even suicidal. During the very happy moods it is apparantly not uncommon for sufferes to spend large amounts of money that they can ill-afford through wild borrowing.

 

I have managed (through many cross letters) to get them to stop phoning her and they havent attempted to for some time now! (touch wood) we only ever deal with them by letter and we are keeping a complete record of all of the letters to and from them!

 

Thank you so much for enquiring for me with regards to this issue, I am very greatful!

[xxorlsxx]

HI,

This period of time must be very difficult for you and your sis, i hope we can get a positive outcome here.

If you think the signatures are not right then contact Trading Standards who may help, have you let RW know that the signatures are dodgy?

If you sent an SAR then you could find out when and what the money was spent on, this may help you prove that there may be fraud.

Here's What i would do now, write to RW whith all your concerns inc, unmatching signatures,your sis's mental issues and that you are going to seek the advice of the CAB who will get you a free session with a local solicitor or deal with them on your behalf, then if you show the CCA and all the paperwork to the adviser/ solicitor im sure they will be able to help.

Ive been dealing with RW for a while now and it becomes very frustrating and tiring but you have to just keep on fighting, as i have said i'm back at the bureau tomorrow so i will ask some Q's for you.

[UnitedFront]

Hi xx, thanks for the post and thanks again for finding more info for us from the cab.

 

I think I shall have a think and draft a letter to rw as you say, pointing out the ill-matched signatures and bringing their attention to my sisters ill-health etc.

 

I think I will have a dabble at writing the letter tonight but I will wait for any responce from you tomorow before deciding to send it or not because I guess it may need altering tomorow depending on what sort of feedback we get.

 

Once again, thank you all so much for your help and advice, any further advice greatfully recieved.

[xxorlsxx]

Ok,

Im off to take the missus shoppin' ill talk to you 2morra.

Keep ya chin up mate.

[UnitedFront]

Thanks again xx, really appreciated!!

[The GodMother]

Bi-Polars common name is manic depression.

 

alot of ppl dont know it as bi polar but as manic depression.

 

If the sigs are incorrect then it could be a case of fraud. i have a couple of questions relating to this for u.

 

1) is the address correct for where your sis lived when the document was signed?

2) had she moved out of a address within the previous 6 mths /1 year before the document was signed?

[UnitedFront]

Hi TGM, the address for on the document is the correct for that time however she moved out a short while after the date on this form. The previous address listed on this form, however, is not correct - it is in fact an address at which she has not lived at since about 1994 or something!

To me this could either point to foul play by someone with sort-of half information.....or it could point to the fact that she was on a very Manic Depressive time - which she actually was at the time.

 

Im really struggling with this because she just has no idea about this. As I have said, it is quite possible that during one of her delusional "happy" times she has taken this out and completely forgotton about it - I just don' know!

 

The bottom signature does look loosely like hers but the top one is not even remotely close.

 

Thanks again.

UF:)

[The GodMother]

rite i think we need to ge some advise ob this.

 

I PM pt2537 with a link to this thread and just tell him ur still a bit concerned about the CCA and say one of the address is wrong and one of the sigs is wrong.

 

he will get back to you via this thread.

[UnitedFront]

Is that pt2537? because it says not to pm him in his signature?

[xxorlsxx]

Hi Unitedfront, i've spoken to someone at the CAB about your case and they say that you really need to get some face to face advice from a debt adviser or solicitor, if your sis is too ill to go to anyone, the CAB could arrange for an adviser to visit her, they can also arrange a free session with a solicitor to look at the CCA and the CAB would be able to represent her in dealing with RW, they may be able to get this debt written off because of your sis's condition, believe me, these debt caseworkers are really experienced when it comes to DCA's.

I think you will find that once you involve some agency such as CAB the DCA's tend to tread more carefully because they know that they are dealing with people who know the law and you will stand a much better chance of beating them.

Do you have a local CAB? As i've said, dealing with RW is a tiring, frustrating ordeal and they will try to grind you down so that you pay.

If you and your sis dont want to involve another another agency for help then i will try to get you as much info as i can.

Good Luck.

[The GodMother]

yes that is pt2537 he is on and of line atm.

 

I will pm a few more ppl about this.

[UnitedFront]

hi xx, thanks for the info. I will have a chat with her later on and see what she says. I have tried to get her to speak with the CAB in the past but she has been fairly reluctant to do so - possibly again to do with her condition.

 

Unfortunately she is not having a great time with her health at the moment and so Im not sure she could handle such a situation - but I will see if I can bring her round but unfortunately I think I need to tread carefully so as not to make her worse at the moment as I really don't want her to have to go back into hospital.

 

If she is still set against any outside help then I will have to continue fighting her corner for her and believe me I have no problems taking on this bunch of bullies!! They will not grind me down!!

 

In the mean time any other information you could give me I would really appreciate - it might make all the difference and would certainly help me build a bigger picture and help decide on any potential next move!!

 

Thanks once again for all your help!

And thanks also GodMother - I really appreciate all that everyone here does to help!!

UF

[xxorlsxx]

HI, i dont have much time today im ripping out the bathroom, you can always approach the CAB yourself and explain the situation, they can still help if she is willing to sign power of representation over to them and then she wouldn't have to deal with anyone.

I think your doing the right thing by disputing the alledged debt, buy as much time as you can.

Contact trading standards and the financial ombudsman service and they may be able to help.

If RW continue to demand payment write to them about your sisters condition and financial situation, they may decide not to persue this debt if they think that further action will get them nowhere. Remember that RW has paid a fraction for this debt so it might be dropped if they think court action will get them nothing.

If the worst comes, and they do take her to court you can get a doctor to say she is too ill to attend and you could represent her, dont forget that she can't go to prison over this. The court wont make her pay more than she can afford even if its only £1 per month. and the other option, if its decided that she has to pay, then you could make them an offer and clear the debt. But cross that bridge when or if you get to it.

[UnitedFront]

Thanks for the reply xx, I think I am going to write to them regards the odd signatures and her mental health / income (of which she has very little) and see where they go from there - unless anyone thinks this is maybe not the best way to go??

 

I will draft up a letter and post it here for any feedback etc.

 

Thanks once again everyone:)

UF

[UnitedFront]

Out of interest, does anyone know the name of the case where a judge wiped out a debt because of mental ill-health?

 

Thanks:)

UF

[xxorlsxx]

Hi, Have you already written to them to dispute the claim? if so what response have you had?

get in touch with trading standards about the cca first and tell RW that the account is in dispute untill the signatures can be verified. if you do decide to write to RW about your sis's illness enclose a copy of her medical report to prove that your not trying it on. if you can convince them that your sister is being made worse by their actions they may drop the case. It may be worth a shot.

I'm back at the CAB on monday so i will check the oft rules on dca's and debtors with stress/illness because i'm pretty sure that i've seen something on this. i WILL get the info you need. You can also try the consumer credit counselling service on 0845 674 0038 or email LCsupportcounsellors@cccs.co.uk. they might be able to shed some light on it.

[UnitedFront]

Thanks ever so much xx, your a real gent!

 

All we have said to rw as of yet is that she has no recolection of the account - which is why we made the cca request. We havent heard anything from them since they delivered this copy - although I am expecting something any time now!

 

I have drafted up a letter to them asking them to write off any debt due to her ill-health but I havent sent anything yet as I want to be sure that I am taking the right step before I do anything!

 

I will contact Trading Standards regards the cca and post back with any reponse or update!

 

Thanks once again for everything:)

UF

[xxorlsxx]

HI UF,

I think your quite right to be cautious throughout this whole ordeal and believe me i know what an ordeal this is for you and your sis. when you write to RW about your sis's condition be polite and respectful (not that they deserve it) you may find that if the debt is small enough they may write it off, it may help also to tell em that your seeking advice from a debt adviser who may take up your case for you.

You have nothing to lose by trying this option first, if it's not too nosey, how much is the debt?