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    • Should this to be take into court with him or should he send something in earlier?
    • This is the other sign  parking sign 1a.pdf
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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.              
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Overdraft And Cca


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Hi

can anyone please tell me if i can requested a CCA from a debt collection agency, the debt has been passed on for non payment of overdraft and my bank closed my account coz i couldn't afford to pay them back all at once.

the reason i ask is not because i refuse to pay it, more a fact of the collection agency is being awkward.

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Yes, You want to make sure the are legally entitled to collect on the alledged debt, but I would also send a SAR to your bank to see if they have added any unlawful charges.

No one can make you feel inferior without your consent :)

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Sorry Lan01, but CCA DOESN'T cover bank accounts.

I do agree though that a S.A.R - (Subject Access Request) should be sent to the bank and start the process of reclaiming charges.

While you are doing this send a DISPUTE notice to the DCA saying that this account is in Dispute with the original creditor and as such no action can be taken.

Be VERY careful whose advice you listen too

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Hi all

Thanks for advice given,i spoke to a retired barrister last night who has now assured me that i can ask for a cca on the grounds that i had an agreed overdraft. i.e. they charged me monthly for using it.

 

The cost of borrowing £1000 for 365 days is £77.5 based on a rate of 7.75% EAR

This proves that credit is applied

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Below is an extract from

 

http://www.lacors.gov.uk/lacors/upload/5883.DOC

 

1.1 What is covered by the s74 determination?

 

A determination under s74(3) was made by the OFT with effect from 1 February 1990. It applies to d-c agreements enabling the debtor to overdraw on a current account, under which the creditor is a ‘bank’ as defined in the Bankers’ Books Evidence Act 1879, provided that certain conditions are satisfied – see Q1.5.

 

A separate determination was made in respect of certain agreements connected with the death of a person.

 

Copies of the determinations may be obtained from the OFT.

 

Agreements covered by a s74(3) determination, and satisfying the relevant conditions, are exempt from most Part V rules including s61(1) on execution. However, the Agreements Regulations will apply to any document embodying such an agreement, and to any term expressed in writing – see Q1.2.

 

1.2 Are all bank overdrafts exempt?

 

The s74 determination in respect of bank overdrafts (see Q1.4) applies subject to the following conditions:

· the creditor must inform the OFT in writing of his general intention to enter into such agreements;

· the debtor must be informed, at or before the time an agreement is concluded, of the following:

o the credit limit (if any)

o the annual rate of interest and any charges applicable, and the conditions under which these may be varied

o the procedure for terminating the agreement;

· the above information must be confirmed in writing.

 

Furthermore, where a debtor overdraws a current account with the tacit agreement of the creditor, and the account remains overdrawn for more than three months, the creditor must inform the debtor in writing not later than seven days after the end of that period of the annual rate of interest and any charges applicable.

 

But unfortunately, i have no idea what the above exactly means, other than the CC act does cover bank overdrafts in some shape or form.

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Many thanks for your input.

it is a complex matter that would most certainly fall in the debtor's favour.

 

if this matter was to reach court it would be a case that from the debtor's point of view that the bank placed the money into the account as a goodwill gesture.

if it was a borrowed sum then an agreement would take place.

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I was/am in the same situation regarding a bank overdraft, i have since sent them a letter offering a monthly payment of £7, until such time i fully understand the relation with the CCA and overdrafts.

 

I included the following in my letter..

 

The commencement of legal proceedings now under such circumstances could be counter to the ‘Overriding Objectives’ of the new Civil Procedure Rules. You will be aware that the Overriding Objectives underpin everything the court does. Moreover, paragraph 4 of the Protocols Practice Direction states that in cases not covered by an approved pre−action protocol, the court will expect the parties “to act reasonably In trying to avoid the necessity for the start of court proceedings”.
I would rather offer them a small monthly fee, until i can sort myself out. I believe they can serve us up a CCJ at anytime (aslong as they have sent you/me a default notice) so hopefully my letter goes some way in stopping that, i also said in the letter i wouldnt be dealing with the debt agency anymore.

 

I dont know for a fact if this is the best way, but worth considering. I can pm you the whole letter if it would be any use to you.:)

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  • 1 month later...

subcribing:-D

If any of my posts are helpful, please feel free to click my scales. All information is given as my opinion only, based on my own personal experiences. I have no legal training, but have educated myself in aspects of consumer legislation. My motto "NEVER GIVE IN, NEVER SURRENDER", THERE IS A WAR ON YOU KNOW

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I too am subscribing. I CCA'd a DCA who informed me that it didn't cover the debt I am disputing because it was an overdraft! I have found the info above very helpful..still trying to draft a letter to the DCA informing them of their mistake! Plus they did not return my £1.

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  • 2 years later...

Sorry for bumping an old thread but this is really interesting. I'm wondering what to do myself now as I have a DCA chasing me for a student overdraft that I defaulted on in 2006. The overdraft itself was interest-free, but the amount that the DCA is asking me to pay now is MORE than the default amount so they have obviously charged interest.

 

Has anyone got a good template letter or any suggestions as to what I should write? I'm happy to offer a monthly payment to them, I'm just struggling with what to write.

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