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    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
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    • 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...
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Fredricksons Debt Collectors Advice. Is it illegal to not give them address details??


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Hi,

 

Just looking for some advice.

 

Received a letter from the above debt collectors at my parents address. It appears they have been instructed to recover a £300 debt from Nationwide.

 

I though this account was closed a long time ago, but appears not. Contacted Nationwide asking for statements so I can see what its all about.

 

In the process of getting free statements to see whats going on, but was told on phone its made up mostly of charges!

 

Phoned Fredricksons debt collectors to advise them this was in dispute. They were very rude and abrupt when I told them I was not going to give them my new address. I told them to contact Nationwide who gave them the debt to get it. (I gave nationwide my new address on the phone).

 

The lady from the debt collectors said "Its illegal not to provide your details to a debt collection agency" Once again I said get them from Nationwide. I dont want to give them to you as the debt is currently in dispute.

 

She said "I will mark up that you a re refusing you give your correct details. Goodbye" and then she hung up!

 

Is this correct? Its illegal not to give your details to a debt collection agency? Im guessing its just scaremongering tactics.

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Well you've told the legal owner of the debt of your change of address.

 

DCA's are just used to getting their own ways in demanding information and misinforming people of their rights.

 

Send them the no-telephone contact letter as well as a CCA request.

23/05/06 DPA Sent to Halifax

I Love You All :D

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Well you've told the legal owner of the debt of your change of address.

 

DCA's are just used to getting their own ways in demanding information and misinforming people of their rights.

 

Send them the no-telephone contact letter as well as a CCA request.

 

 

Thanks for your reply.

 

Just back on the phone to Nationwide to advise of the behavior of the debt collection agency. He's not happy about it at all and is now speaking with the liason department. :)

 

There was no way I was giving my address to a debt collection agency I know nothing about and when the debt was in dispute.

 

Just wanted to check whether it was correct when she said "Its illeagl not to give a debt collection agency your address".

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Just wanted to check whether it was correct when she said "Its illeagl not to give a debt collection agency your address".

 

It's more illegal for a debt collection agency to tell you it's illegal !

 

Rest assured, it's total hogwash ! you don't legally have to tell them anything at all :D

Nil Illigitimus Carborundum

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Don't know why they are making such a fuss. All they have to do is sarch

your credit file and get it from there.

 

Ideally you should have sent an sar to NW to get all your info, not just statements, if you wish to reclaim the charges.[see FAQS on the forum first page]. If NW are still the creditor, there is no point in sending a CCA request to the DCA as it only needs to be answered by the owner of the debt.

 

Once you send off your letter to NW asking for your money back can you really claim that you are in dispute with them, and if you write to the DCA

then, should they phone or write to you asking for paymeint, or threatening

you, they commit an offence.

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  • 3 weeks later...

Hi,

 

I have sent my letter off to Nationwide to claim back my charges, however received a letter from the DCA stating ive got 7 days to pay or its off to court!

 

I phoned them up and explained the account was in dispute and im currently dealing with Nationwide.

 

They said they would mark it in dispute for one week and that I need to send them all letters I receive from Nationwide!

I tild them I was not going to do that as im dealing with Nationwide and nationwide only. If they want any further information then to contact Nationwide.

 

The DCA stated that they are the legal owner of the debt, funny how Nationwide said that they are the owner!

 

The DCA started asking "Are you married?" "Are you a homeowner?" - told him it was none of his buisness!

 

Anyway, the converstaion kept going round in circles, so I told him I had made my position clear and terminated the call.

 

Do I really have to keep the DCA updated and send them all letters? I thought they would have got all this info from Nationwide?

 

If this is not the case, is there a letter I can send them stating its in dispute and I want no contact until its resolved?

 

Where do I stand legally?

 

Thanks in advance.

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If Nationwide claim to be the owners of the debt, deal with them only.

 

Tell the DCA to take a running jump, but do it as rudely, and agressively, as you possibly can. Then send them a bill for your time spent sorting out their mess, at £9.50 an hour. When they don't pay up, find the names of the directors on the Companies House website, and take them to court, etc, etc, etc....... :D

Nil Illigitimus Carborundum

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