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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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Towelie v BOS - help please


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Hiya wondering if anyone can help me. I had a credit card with bank of Scotland which ended up going to a debt collection agency called Cap Quest Debt Recovery. Last Oct I agreed to pay it at £10 per month which at the time was all I could afford. The letter I got confirming these payments advised that they could review the accout at anytime and increase/decrease my payments. Well today I get a letter telling me it is getting passed to bailiffs. Starts of with:

 

We not with regret that you have chosen not to deal with this matter despite our numerous communications to you endeavouring to assist you in coming to a satisfacrory arrangement to settle this account without the need for legal action.

 

The last letter I got from this company was comfirming my agreement to pay £10 pm last Oct. I phoned up the company to discuss this but they wouldnt have any of it. Just said I have to pay it in full and its going to their pre-litigation system.

 

Any advice on what to do with this? Am angry that they agreed my £10 pm and havent wrote to me since to ask me to increase my payments. They are saying I havent dealt with it? Any help or advice would be gratefully appreciated.

My claims

 

Halifax - Data Protection Act 26/5/06, non compliance of Data Protection Act 20/07/06, Prelim £260 3/8, LBA 19/8

TSB - Data Protection Act 25/6/06, total £225, Prelim 4/7, LBA 11/7, court claim filed 27/7

Capital One - DPA 20/06/06, Prelim £270 1/8 LBA sent 9/8

B.O.S CC - DPA 20/06/06, prelim 6/7 £130, LBA 21/7/06, court claim to be filed

Citi cards - Data Protection Act sent 20/06/06, prelim 26/07 £520, LBA t 14/8

Black horse finance - DPA 18/06/06, prelim 31/7 £180, LBA 7/8

Halifax joint account - Prelim 6/7 £744, LBA 22/7 court claim to be filed

 

My Mums claims

 

MBNA - DPA 13/06/06, Prelim 17/7 £738, LBA 7/8

Capital One - DPA 29/05/06, Prelim 10/8 £570

Barclaycard - DPA 20/06/06, Prelim 6/7 for £420, LBA 17/7 court claim to be filed

Littlewoods CC - DPA sent 3/7, non compliance of DPA sent 14/8

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Hi,

 

I'm also having trouble with capquest just now. Was paying them £75 monthly for 6 months when I got the same letter basically saying I had been ignoring them. I sent my bank statements showing the payments and the replied acknowledging them.

Last week I got another letter and a 3 phone calls basically saying again I had made any payments and they now wanted a lump sum or it was going to solicitors.

 

When I phoned them I spoke to 4 members of staff who were bloody useless. I posted on this site and was told to write to them saying the debt is in dispute and no further payments will be made until it is resolved. I also told them thta all future correspondence should be in writing as I was not willing to discuss the account over the phone. Had no phone calls since. I think they just like to use bullying tactics and if you have proof you've made the payments they can't really do anything as they would get laughed out of court.

 

Good luck with them.

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Hiya

 

Thx for info. I was gonna cancel the direct debit for their payment but am too scared to in case the bailiffs turn up at my door. I also have proof on bank statements that I have been paying them each month. I will write to them enclosing copies of these and see what happens.

 

One thing am not sure of, does it have to go to court before they can send round bailiffs? Dont want that to happen.

My claims

 

Halifax - Data Protection Act 26/5/06, non compliance of Data Protection Act 20/07/06, Prelim £260 3/8, LBA 19/8

TSB - Data Protection Act 25/6/06, total £225, Prelim 4/7, LBA 11/7, court claim filed 27/7

Capital One - DPA 20/06/06, Prelim £270 1/8 LBA sent 9/8

B.O.S CC - DPA 20/06/06, prelim 6/7 £130, LBA 21/7/06, court claim to be filed

Citi cards - Data Protection Act sent 20/06/06, prelim 26/07 £520, LBA t 14/8

Black horse finance - DPA 18/06/06, prelim 31/7 £180, LBA 7/8

Halifax joint account - Prelim 6/7 £744, LBA 22/7 court claim to be filed

 

My Mums claims

 

MBNA - DPA 13/06/06, Prelim 17/7 £738, LBA 7/8

Capital One - DPA 29/05/06, Prelim 10/8 £570

Barclaycard - DPA 20/06/06, Prelim 6/7 for £420, LBA 17/7 court claim to be filed

Littlewoods CC - DPA sent 3/7, non compliance of DPA sent 14/8

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  • 1 month later...

This company are guttless!

 

i have been dealing with them and they have taken no-one to court in their history of 'collecting' stop the Direct Debit and send this recorded delivery:

 

Michael Daniels,

Capquest Group Ltd.,

Centaur House,

Ancells Business Park,

Ancells Road

FLEET GU51 2UJ

 

WITHOUT PREJUDICE

 

Dear Sir/Madam

 

Re: Account No/Reference No: XXXXXXXX

 

I do not acknowledge ANY debt to your company. I require you to supply the following documentation before I will correspond further on this matter.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit) - your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number xxxxx.

 

2. A signed true copy of the deed of assignment of the above referenced agreement that you allege exists.

 

3. You are notified that you are obliged to supply these documents, whether you are the original creditor or not under S189 of the CCA 1974.

 

Non-compliance with my request is a criminal offence under the above Act and will result in a report being submitted to the relevant statutory authorities.

 

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued.

 

Take note at this stage, that any legal action you may contemplate will be both vigorously defended and contested.

 

Yours faithfully

 

 

they will not send this you then you can sue them for your money back....i'm about to start this - they have now said they have given the Halifax my debt back but the Halifax say its CapQuests and nothing to do with them lol...some one will pay me back as the debt with halifax was from their charges n e way!

 

good luck and keep us posted....if you want more info PM me

  • Confused 1

People who haven't made mistakes, haven't made anything!

 

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Thanks for the letter, will send it to them, weird thing is I got my statements from BOS this morning, this is the account cap quest were dealing with. On my final statement on July 2003 it has:

 

10 Jul REFUND OF LATE CHARGES 80.00CR

10 JUL REFUND OF LATE CHARGES 80.00CR

10 JUL CHARGE OF ACCOUNT - PRINCIPALS 1682.74CR

10 JUL REFUND OF INTEREST 246.06CR

 

Now am really confused becaus ethe initial debt that capquest was chasing me for was only £536 :S I have double checked and its exactly the same account number as my BOS cc.

 

not sure really what to do next regards claiming back charges from BOS. Going to post that letter today though to Capquest.

 

Thanks again.

My claims

 

Halifax - Data Protection Act 26/5/06, non compliance of Data Protection Act 20/07/06, Prelim £260 3/8, LBA 19/8

TSB - Data Protection Act 25/6/06, total £225, Prelim 4/7, LBA 11/7, court claim filed 27/7

Capital One - DPA 20/06/06, Prelim £270 1/8 LBA sent 9/8

B.O.S CC - DPA 20/06/06, prelim 6/7 £130, LBA 21/7/06, court claim to be filed

Citi cards - Data Protection Act sent 20/06/06, prelim 26/07 £520, LBA t 14/8

Black horse finance - DPA 18/06/06, prelim 31/7 £180, LBA 7/8

Halifax joint account - Prelim 6/7 £744, LBA 22/7 court claim to be filed

 

My Mums claims

 

MBNA - DPA 13/06/06, Prelim 17/7 £738, LBA 7/8

Capital One - DPA 29/05/06, Prelim 10/8 £570

Barclaycard - DPA 20/06/06, Prelim 6/7 for £420, LBA 17/7 court claim to be filed

Littlewoods CC - DPA sent 3/7, non compliance of DPA sent 14/8

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Need some advice please.

 

Sent my DPA and received my statements this morning. Totalled up my charges to £290. However on the last statement they have refunded £160 charges, so I assume I can still claim for the other £130, also what charges do I not include? Can I choose what ones not to include or does it have to be e.g the first charges they charged me.

 

Another thing confusing me is this debt was passed to Capqeust ( I have made a seperate post) the amount Capquest was chasing me for was only £536 but my total owe to BOS was £2088. On my final statement it has the following:

 

10 JUL REFUND OF LATE CHARGES 80.00CR

10 JUL REFUND OF LATE CHARGES 80.00CR

10 JUL CHARGE OFF ACCOUNT - PRINCIPALS 1682.74CR

10 JUL REFUND OF INTEREST 246.06CR

 

Hope this is clear what I am asking. Still early in the morning and already am confused.......

My claims

 

Halifax - Data Protection Act 26/5/06, non compliance of Data Protection Act 20/07/06, Prelim £260 3/8, LBA 19/8

TSB - Data Protection Act 25/6/06, total £225, Prelim 4/7, LBA 11/7, court claim filed 27/7

Capital One - DPA 20/06/06, Prelim £270 1/8 LBA sent 9/8

B.O.S CC - DPA 20/06/06, prelim 6/7 £130, LBA 21/7/06, court claim to be filed

Citi cards - Data Protection Act sent 20/06/06, prelim 26/07 £520, LBA t 14/8

Black horse finance - DPA 18/06/06, prelim 31/7 £180, LBA 7/8

Halifax joint account - Prelim 6/7 £744, LBA 22/7 court claim to be filed

 

My Mums claims

 

MBNA - DPA 13/06/06, Prelim 17/7 £738, LBA 7/8

Capital One - DPA 29/05/06, Prelim 10/8 £570

Barclaycard - DPA 20/06/06, Prelim 6/7 for £420, LBA 17/7 court claim to be filed

Littlewoods CC - DPA sent 3/7, non compliance of DPA sent 14/8

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Thanks for the letter, will send it to them, weird thing is I got my statements from BOS this morning, this is the account cap quest were dealing with. On my final statement on July 2003 it has:

 

10 Jul REFUND OF LATE CHARGES 80.00CR

10 JUL REFUND OF LATE CHARGES 80.00CR

10 JUL CHARGE OF ACCOUNT - PRINCIPALS 1682.74CR

10 JUL REFUND OF INTEREST 246.06CR

 

Now am really confused becaus ethe initial debt that capquest was chasing me for was only £536 :S I have double checked and its exactly the same account number as my BOS cc.

 

not sure really what to do next regards claiming back charges from BOS. Going to post that letter today though to Capquest.

 

Thanks again.

 

I'm in same boat - though its a halifax debt not BoS - they havent sent CapQuest any info so as far as i'm concerned they cant collect it - but Halifax dont want to collect it as they have passed it on...i think i can get CapQuest off my back but i really want to claim back my charges off halifax - thing is i dont want them to start chasing me again!

 

i'd better start my own thread about this! - if you need any info on CapQuest etc then there is loads on gumble text website - lots of unhappy people fighting them!

People who haven't made mistakes, haven't made anything!

 

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  • 12 years later...

This topic was closed on 11 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

My claims

 

Halifax - Data Protection Act 26/5/06, non compliance of Data Protection Act 20/07/06, Prelim £260 3/8, LBA 19/8

TSB - Data Protection Act 25/6/06, total £225, Prelim 4/7, LBA 11/7, court claim filed 27/7

Capital One - DPA 20/06/06, Prelim £270 1/8 LBA sent 9/8

B.O.S CC - DPA 20/06/06, prelim 6/7 £130, LBA 21/7/06, court claim to be filed

Citi cards - Data Protection Act sent 20/06/06, prelim 26/07 £520, LBA t 14/8

Black horse finance - DPA 18/06/06, prelim 31/7 £180, LBA 7/8

Halifax joint account - Prelim 6/7 £744, LBA 22/7 court claim to be filed

 

My Mums claims

 

MBNA - DPA 13/06/06, Prelim 17/7 £738, LBA 7/8

Capital One - DPA 29/05/06, Prelim 10/8 £570

Barclaycard - DPA 20/06/06, Prelim 6/7 for £420, LBA 17/7 court claim to be filed

Littlewoods CC - DPA sent 3/7, non compliance of DPA sent 14/8

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