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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?    
    • 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...
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Time limit on debt collection???


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Hi,

 

I have just received a letter from Clarity Credit Management Solutions re: a very old loan I had with Egg dating back to 2001. I did not fully repay the loan, but I have NEVER been contacted by Egg with regard to the arrears. They have had my email address and my credit history has been updated with my addresses over this period of time.

 

Does anyone know if there are any time limits for how long a company can pursue an old debt (for example, if Egg has placed a CCJ on my credit history in 2001 it would have fallen off by now), and if they have a duty to show that they made reasonable efforts to contact you about the account before enlisting the services of the bully boys.

 

I wonder why I've been contacted now about it?? Strikes me as being a little odd??

 

Any help or enlightenment on this one greatly appreciated!

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I am no longer welcome on CAG

i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.

 

I am not a qualified or practicing lawyer.

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Thanks both for your responses. I will definitely not be acknowledging this debt in any way and will be sending off the standard letter to Clarity asap.

 

Thanks again.

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  • 8 months later...

Does this apply to all debts? I had a Barclaycard in the 90's, and have recently had letters referring to it having been sold to a recovery agency, despite not having banked or been contacted by Barclaycard since 1994.

 

One letter is quite threatening, saying 'This will not go away'. I think it's just scare tactics. I have had letters from 2 companies about the same thing. I intend to ignore them, is this right?

 

Cheers

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Does this apply to all debts? I had a Barclaycard in the 90's, and have recently had letters referring to it having been sold to a recovery agency, despite not having banked or been contacted by Barclaycard since 1994.

 

One letter is quite threatening, saying 'This will not go away'. I think it's just scare tactics. I have had letters from 2 companies about the same thing. I intend to ignore them, is this right?

 

Cheers

Could this by any chance be Lowells aka Red Debt aka Hamptons Legal.

 

They have recently bought a shed load of UNENFORCABLE Barclaycard debts that they are trying to fool people into thinking they have a legal obligation to pay. Truth is THERE IS NO LEGAL OBLIGATION TO PAY A STATUTE BARRED DEBT

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Does this apply to all debts? I had a Barclaycard in the 90's, and have recently had letters referring to it having been sold to a recovery agency, despite not having banked or been contacted by Barclaycard since 1994.

 

One letter is quite threatening, saying 'This will not go away'. I think it's just scare tactics. I have had letters from 2 companies about the same thing. I intend to ignore them, is this right?

 

Cheers

 

Assuming you paid nothing for at least years, the above letter will suffice. You will probably then get a letter referring to a "moral" obligation.

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Hi there, just thought it would be worth adding that I followed the advice given in this thread at the time of my original post, and managed to beat Clarity into submission. It took 3 letters (they just continued to send their standard letters out to me, even heading up the letters that they were 'disappointed I had not contacted them'), which I sent recorded delivery, using the same language that they use (lots of capitals, bold text and threats of police intervention if they sent a 'representative' to call at my house). Eventually I received a letter from their customer services director apologising for their failings and promising that I would never hear from them again. They said they had returned the debt to the originator, but so far I have not heard anything from them either.

 

The help available in this forum is amazing. Its helped me with the above, and it also helped me to claim over £3k of charges back from my bank.

 

Thanks a million.

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It seems to be the same with most bullying DCAs. They threaten all sorts and continue sending threatomatic letters. However like most bullies thay are easily beaten when confronted with the law. Thet are so stupid that they do not realise that if they adopted a genuine attitude with folks instead of being ignorant and nasty on the phone or sending threatening letters they may well have more success. Now people feel so intimidated by them that they immediatly type their names into GOOGLE and end up here where they discover what and what not a DCA can actually do.

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  • 2 weeks later...
Right now, I am ignoring them, will see what happens.

 

I'm in the mood for a fight, so I'm secretly hoping they might try something................

 

Cheers, Midori

Other than bluff and send empty threats there is nothing they can do on a Statute Barred debt.:o

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As at today's date, red have got to the stage of offering me a 50% deal--I should cocoa!:p

 

Interested to see their next move. They don't have a phone number, and I'm not going to be daft and give 'em one!:rolleyes:

 

I'm fascinated by this whole subject, and seeing how far they will go with it....;)

 

Cheers, midori

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If you are sure that you have not acknowledged this debt for 14 years then ignore it, there is a letter in the templates - I'll get you the link.

 

EDIT

 

Letter M here

 

hi, is it possible for you to give me the link for this letter template as this has just happened to me, only i cant remember having the card it was dated 16 years ago according to barclaycard and got quite nasty with me for phoning them about it and told me to discuss it with lowell. i have not admitted anything in fact i denied having it to lowell. they asked for a copy of my signiture, what should i do?? i have changed my name by marriage twice since then. any help and advice would be great. please.

thanks wendy

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  • 2 weeks later...

Surprise surprise folks. I received a letter from Red Debt that 'after further examination it has now become apparent' that the account is 'subject to Section (5) of the Limitation Act 1980' and they have closed the account and they wont be sending further correspondence. A duplicate letter arrived in the same mail! Just for the record, I didnt contact them at all and ignored any letters. Many thanks to everyone for the information that let me do this.

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