can santander do this

[chris52]

Wife took out a Debenhams Store Card in 1995, whilst off work ill with post natal depression. The aplliaction form is only partlyc completed and there are a few other minor problems with it. However, we maintained this card then in May, 2006, again whilst she was off work ill with mental health problems they "upgraded" this store card to a Mastercard. She did not sign anything for this "new card". In 2008 she had to retire from work due to mental health issues and cannot repay the o/s balance. She is being taken to court for the balance & fees. Does the "store card agreement" legally apply to the Mastercard?

Also she is too ill to attend court can I represent her instead or must she attend?

[Bill-K]

Re: can santander do this

Hi Chris. I'm sorry to hear of your good wife's illness. I'm not well-versed in the legalities, but I believe that you can represent your wife in Court if you can show good reason for needing to do so. Usually, a letter to the Clerk of the Court requesting permission for this, and outlining your reasons will suffice, I believe - but make sure that you get a clear and positive reply. Your wife may still be required to attend, but not required to speak. I believe this is so that she has the opportunity to interject at any point if she feels her case is not being put across adequately. That makes sense to me.

Regarding the credit agreement, it may well be that this is now legally unenforceable, but again this needs more expert opinion than mine. We tend to consider unenforceability here as a means to an end, rather than the end in itself. I suspect that if you were to send in a CCA s.77-79 request, you may well get a useful result.

The lender may try a bit of 'brinkmanship,' but if the agreement is unenforceable, then they cannot pursue the debt in Court.

Additionally - yet pertinent - did this account have Payment Protection Insurance ? If so, then we have another string to our bow.

[TUTTSI]

Re: can santander do this

Hi Chris

Welcome to LB,

Phone the courts and ask if you obtained a medical note from the doctor and a letter from her that you could represent her as she is not well enough to attend due to Mental health.

Did any of these card have charges and or PPI as these can be recovered against what is owed?

Have you advised Santander of your wifes mental illness? Wiith mental health issues and debts, someone with more knowledge will be along to help you.

Wife took out a Debenhams Store Card in 1995, whilst off work ill with post natal depression. The aplliaction form is only partlyc completed and there are a few other minor problems with it. However, we maintained this card then in May, 2006, again whilst she was off work ill with mental health problems they "upgraded" this store card to a Mastercard. She did not sign anything for this "new card". In 2008 she had to retire from work due to mental health issues and cannot repay the o/s balance. She is being taken to court for the balance & fees. Does the "store card agreement" legally apply to the Mastercard?

Also she is too ill to attend court can I represent her instead or must she attend?

[labman]

Re: can santander do this

Hi Chris,

If you have a scanner, could you post up copies of the agreement(s) you have that your wife completed with ALL personal details removed so we can have a look at them. If you don't have a copy of the agreement(s), let us know and one of us will post up a letter to send to get them - you'd need to enclose a postal order or cheque for £1.00 for each agreement, though it sounds as though you only ever completed one.

As regards your wife's mental health condition below is a link to a site which specialises in debt and mental health issues:

DMH Documents

If you scroll down, you'll find a section headed:

Debt & Mental Health Evidence Form for advisers (DMHEF)

and just below it, another headed:


DMHEF- Consent Form for advisers


I'm not sure whether the links will work directly from above.



If you can print these off (keep as two separate forms) and fill in the relevant bits of the Consent Form for advisers - it's just personal details on the first page, and a tick signature, leave date blank on the last page.



I'll send you a private message about these forms later on (probably early afternoon).



It would be good if you could get these filled in by a medical professional, so in the meantime, have a think as to who may be best placed to fill them in - GP, Psychiatrist, Consultant etc... These can then be sent to Santander.



Don't worry about the adviser bit - that can be organised for you.



Do you have a court date? If so, when is it?


Finally, if you have a letter re them taking you to court, please could you post that up, again removing personal details, so we can see it. Does it say anything in there about you still being able to make a payment arrangement with them?


Will pm you later!:beagle:

[Guest]

Re: can santander do this

HI

Re the updating from a store card to a master card.

It seems to me that a new or modifying agreement would have been required here.
You have a perfectly legitimate right to see both the orriginal agreement and the later one.

I would be very supprised if the finacial partiiculars specificlly the interst rates were the same on both cards.

Peter

[shell]

Re: can santander do this

Hi Chris,

If you have a scanner, could you post up copies of the agreement(s) you have that your wife completed with ALL personal details removed so we can have a look at them. If you don't have a copy of the agreement(s), let us know and one of us will post up a letter to send to get them - you'd need to enclose a postal order or cheque for £1.00 for each agreement, though it sounds as though you only ever completed one.

As regards your wife's mental health condition below is a link to a site which specialises in debt and mental health issues:

DMH Documents

If you scroll down, you'll find a section headed:

Debt & Mental Health Evidence Form for advisers (DMHEF)

and just below it, another headed:


DMHEF- Consent Form for advisers


I'm not sure whether the links will work directly from above.



If you can print these off (keep as two separate forms) and fill in the relevant bits of the Consent Form for advisers - it's just personal details on the first page, and a tick signature, leave date blank on the last page.



I'll send you a private message about these forms later on (probably early afternoon).



It would be good if you could get these filled in by a medical professional, so in the meantime, have a think as to who may be best placed to fill them in - GP, Psychiatrist, Consultant etc... These can then be sent to Santander.



Don't worry about the adviser bit - that can be organised for you.



Do you have a court date? If so, when is it?


Finally, if you have a letter re them taking you to court, please could you post that up, again removing personal details, so we can see it. Does it say anything in there about you still being able to make a payment arrangement with them?


Will pm you later!:beagle:

With regards to asking for a CCA, I would also do a DSAR. That way if they try and fob you off with a reconstituted CCA you can then argue that as you have requested the DSAR they are obligated to send everything they hold on you. Therefore if they do not send the original CCA they are witholding documents. (Not sure if I am making sense), but basically until they send what you are entitled to then the account is in dispute.

[TUTTSI]

Re: can santander do this

Also if you are writing to them do not sign your name as they have been known to copy it.

[labman]

Re: can santander do this

I'd save your £10, and ask for the CCA (£1). If they then send a reconstituted one ask under CPUTR (I can provide a letter) whether or not they hold a true copy.

As regards the signature, either type your name, sign it with your wrong hand, or do a signature which is completely different to your normal one. That way you avoid delays with them saying you haven't signed it.

As Tuttsi rightly says, don't do your normal signature!