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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
    • 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.              
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LPF - littlewoods [barclaycard] credit card question


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i sent these guys a cca request in december, for which there has been no agreement sent, only letters every 6-8 weeks telling me they thank me for my patience and they will write again soon.

i am getting statements of the account monthly, saying that mercers dca are in charge of the account, ppl who i have never had any correspondance from. i know they have now commited an offence, and my question is, what should i send them now? can i ask that they stop communicating with me and remove my details from their systems?

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Hi Ya!

 

Good news on CCA no show :D

 

Have you read any of the other Littlewoods threads? You could use the search button above. From what i've gathered it isn't uncommon for them to ignore CCA requests, 'cause basically they haven't got an agreement!! I'm sure you'll find loads of useful letter templates there and address details.

 

If the debt is passed to a different DCA send them a CCA too. That means they'll also learn they can't harrass you if L'woods haven't got an agreement.

 

Best Wishes :)

I'm midway through the tunnel, but getting closer to the light.

 

 

 

Please be aware that i am not an expert in anything!

I may offer an opinion, but the final decision is yours.

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  • 3 weeks later...

Littlewoods credit card have now sent me a final demand saying they are planning on passing the account on as i have ignored the default notice sent. They have not sent me a credit agreement yet and it was sent Dec, to which they have aknowledged saying we are looking into it and will get back to you. i know they have commited an offence and im sure after all these months they must not have an agreement, so could you advise me on what letter i should be sending next? and can i demand the default be removed? :(

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Are there any unlawful charges on the card?, if so, you could send them the S10 letter in Library Templates. I have sent a CCA to them and they have now run out of time, however, today, out of the blue, I have received a letter saying if I pay £59 arrears they will pay £15.00 off the account. I am not sure what their game is.

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Send them this letter. Amend it to suit your own dates and needs. This is in the Consumer Credit Agreement-Resource Workshop. I am awaiting for them to commit an offence then I will be doing the same.

 

I wrote to you by recorded delivery on 'DATE' asking for a copy of the agreement together with the relevant information under S77-79 of the Consumer Credit Act 1974, enclosing the fee payable. This letter was delivered and signed for on 'DATE' according to the Royal Mail.

 

The Consumer Credit Act allows 12 working days for this request to be carried out before your company enter into a default situation. If the request is not satisfied after a further calendar month, your company commits an offence. These time limits have now expired I have still neither received a copy of the agreement as required by S78 Consumer Credit Act 1974, nor any other information.

 

As you are no doubt aware that if the creditor under an agreement fails to comply with the above request

 

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

 

AS such this account has became unenforceable at law. Consequently I do not acknowledge any debt to your company, and no further payments will be made in respect of the above number.

 

 

As an offence of this nature may have an impact on your ability to hold a credit licence, it is important that you give this letter your immediate and prompt attention.

 

 

What I require.

1. Pursuant to the Data Protection Act 1998 I require you with immediate effect to ensure that all data held by you regarding the alleged agreement or any reference to it, is removed from any and all Credit Reference Agency database.

2. Ensure that all data held by you regarding me is destroyed.

3. Refund all monies paid to you by me.

4. Ensure that all correspondence is made in writing.

 

 

Failure to comply

  • Failure to comply with my request under the Data Protection Act 1998 will result in the matter being referred to the Information Commissioner.
  • Failure to comply with the requirements of the Consumer Credit Act will cause me to refer the matter to the Office of Fair Trading, and Trading Standards.
  • Continued telephone contact will generate a complaint to the police.
  • Failure to repay the paid sums shall cause me to report you to the OFT, Trading Standards and the Financial Services Authority.

I await your prompt response and in any case within the next 12 days.

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Hi Me + :)

 

As you will remember, if Littlewoods have failed with the CCA request they can’t take any action on the account.

 

Sit back and wait for them to pass the debt on, let them dig their hole. When the other company contacts you hit them with the facts and ask why they are processing your data without your consent.

 

Remember be patient and let them dig.

 

As Always…….

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