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    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Creation Car finance agreement - dealer forged my sig, was cabot now lowells chasing


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Hi, I am looking for some advice/opinions...

 

In January 2011 I purchased a car with finance provided by creation.

The price of the car was £2995, I paid a cash deposit of £800.

I was made aware of charges/fees totalling £450 (ish), which would be added to the finance agreement.

 

All was going fine until around 6 months ago, when a change of bank account led me to registering for online account management (so that I could arrange continuing payments).

 

The amount outstanding didn't appear to be correct so I contacted the company and requested all of the relevant figures.

It turned out that the set-up/admin fees had been added twice,

the representative I spoke to said that the dealer was wrong to add these fees at the point of sale as they are always added afterwards.

 

A rather in-depth conversation led to me being informed that creation don't actually hold any physical paperwork, and that they would be unable to amend the loan amount without notification from the dealer.

 

After some detective work I managed to locate the dealer

(who had now leased his forecourt to someone else, but I found him in the end!).

 

I explained the situation, and asked for a copy of our original sales document.

A week of telephone calls and me harrassing him brought no joy.

 

He told me that all of his paperwork was in storage and that he'd been unable to locate the document.

Well, of course he couldn't find it

- it would prove that he had actually received £450 more than he should have from creation, which they would obviously want back!

For me, the actual cost of the £450 would be much greater due to the associated interest.

 

Fortunately,

I did find my copy of the sales document, and emailed creation again,

informing them that I had a physical, SIGNED document showing the correct amount.

 

I explained that I would be happy to send them a COPY, not the original

- this was all the proof I had, it wasn't going to be lost in the post!

They did not reply.

 

On to the more pressing concern now...

during all of this I noticed that creation had the wrong registration number for the vehicle.

 

I informed them of this, without giving them the correct number.

Again, they were unable to amend the details without verification from the dealer.

 

I sent a final email informing them that this needed to be corrected (as did the loan amount) as I was hoping to sell the vehicle, with their permission of course.

 

I was hoping that this would set alarm bells ringing for them

- the vehicle did technically belong to them.

No joy.

 

after a couple more months,

it became apparent that the car was going to need a lot of money spent on it

- which I didn't have.

 

I did a hpi check and, surprise, it showed no outstanding finance.

So I traded it for another car at a local dealership.

 

I now find myself in no position to continue with repayments

- I am just setting up a debt managemnt plan,

and have just been visited by bailiffs

and had to agree a repayment plan with them

(which I can't afford, but will have to find if I want to keep my possessions obviously!).

 

I am in this position through my own actions

- I was earning a good salary until a year ago but had to give up the job.

This really is no-one's fault but my own.

 

My question is this - what can creation do to me?

I no longer have the car so they can't repossess it.

 

Actually, I NEVER had the car with the registration number they hold,

although the make and model are correct.

 

I am willing to come to some arrangement with them if they will accept a much reduced payment,

my concern is that they won't accept it and I have sold a car which didn't belong to me

. But then, it didn't belong to them either maybe?

 

I know I shouldn't have sold the car, but in my defence I did inform them of the mistakes with the agreement.

The only document I have ever signed is the original purchase order with the dealer (which he can't find).

 

Any ideas?!

Thank you.

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  • 4 years later...

Hi, can someone please help - I don't know what steps I should take next:

 

I sent a CCA request regarding an old agreement.

A copy of the 'original' agreement has arrived today

- with a forged signature!

It is most definitely NOT my signature, although it is a good attempt.

 

I never signed a credit agreement, that is why I sent the CCA request.

 

There are other issues

- the registration number of the vehicle I bought is incorrect,

as is the purchase price

- both issues were reported to the finance company at the time.

 

At this point, though,

I am more concerned with the fact that someone has had the audacity to forge my signature!

 

There must be a process I need to follow,

but I have no idea where to start.

Can anyone point me in the right direction?

 

Many thanks

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merged with you old thread from 2012.

 

so the dealer forged your sig then,

this must be close to being SB'd too!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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so what prompted the sending of the CCA request

 

 

have cabot been sending threat-o-grams then?

 

 

tell us what has happened between your 1st post and today that has prompted you to CCA?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

The account is now with Lowells Solicitors

- they sent a 'final notice before court action' type letter..

. There may have been many other letters which were never opened (head buried in sand moments).

 

I haven't been paying this debt,

and I haven't acknowledged it.

 

 

Because of the issues with the account

(as my original post - incorrect details, no satisfactory response from Creation regarding these details)

I just didn't pay it

- I know that's not the best course of action,

but I've had many other things to worry about over the last 5 years.

 

I think the problem was always the cowboy that sold me the car.

He was more than a little surprised when I found him in 2012!

Funnily enough, I've seen a FB post very recently about him, and it wasn't a good review.

 

In summary

- I am in possession of the original purchase order,

showing the correct vehicle registration number and purchase price.

 

 

I have not made a payment on this account since 2012

(according to the statement I received today

- I'm sure it was longer ago than that, though).

 

 

I have not opened any letters about this account for years

- but that's not to say I didn't get any.

 

 

I am angry that I seem to have been 'done', and yes,

I'm trying to not pay it for that reason.

 

 

The CCA request was made because I KNEW they did not hold a signed agreement,

because I never signed one,

and I need to show I have tried to resolve this before it goes to court.

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looks like the OP paid until about feb 2012 [1st post]

 

 

dx

 

 

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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oh and you did the very best thing by not paying!!

 

pers i'd let this run

 

if you do get a claimform

then comeback here.

if casbot has sold it to lowells.

 

that means its definitely a lemon debt.

 

cabot are bottom feeders

Lowell don't usually deal in debts cabot has had

so i'd sit on your hand

which might have been a better thing to do

unless you've moved since you took this out

then the CCA was a good Idea as they now have the correct address

and cant get a backdoor CCJ.

 

the fact that its fraud and you have proof will KILL any court claim dead.

 

don't worry

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thank you for your input, it is appreciated!

 

Yes, I have moved - and changed my name (first name by deed poll, surname by marriage). Letters are still addressed in my old name. They found me somehow - not sure how? I had already changed my name by the time I moved...

 

Do I need to do anything about this fraudulent signature? Should I respond, pointing that out? Report it somewhere?

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now go read post 10

 

 

as long as you've CCA'd from your current address you do nothing more

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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