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    • Should this to be take into court with him or should he send something in earlier?
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    • 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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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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Lowell default notice on statute barred ac. Help!


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Hey there

 

I';ll attempt to be brief.

 

I had a Barclaycard from my student days, was subsequently unemployed and couldn't repay it. Agreed a nominal monthly fee in April 03, then never heard any more, so didn't do anything with it. Got a mortgage in '06 and saw it was on my file with no default or anything on it. Eventually it dropped off the file.

By 2010, i'd figured it was statute barred and got 2 letters from Lowell Financial, I followed the blueprint and replied to them as such, they sent me back a letter along the lines of they won't be following this up and the matter is closed. (Annoyingly I can't find this exact letter rightnow).

 

Fast forward 2011, I make an application to remortgage. My credit file appears clean (999) yet there's a problem due to a linked address. I enter my old addresses (2000-2003/4) into experian and it throws up a Default on the account registered to Lowell Portfolio 1 ltd for 27/6/08 with an update to 4/7/10 (about the time my correspondence with Lowell ended).

 

Am obviously annoyed as I felt thought the matter had been dealt with. Should not the a/c have been placed in default many years before it was and by Barclaycard not Lowells? The debt is clearly statute barred so was it wrong for them to have a default attached to it? Can I get this default rescinded, 27/6/2008 means nothing to me!?

If, I presume, a default should have been filed at the latest in late 2003, are Barclaycard therefore at fault for not doing so? does this render any subsequent actions from Lowell to be untenable?

 

Any help would be gratefully received. I feel like if i'd have realised what a mess this thing would have got me in i'd have paid it off long ago. thanks

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Hi and welcome to CAG

 

Any default must be placed no later than 6 months after your first missed payment.

 

Write to Lowells and threaten them with court action if they won't remove the default.

 

Only do this if you are prepared to follow through

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Thanks for the speedy reply.

What am I looking at cost-wise or time-wise or chance of success-wise if I threaten court action?

 

Or if I threaten court action and try and call their bluff? What's the worst that can happen?

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Under the Data Protection Act both Lowells and the CRAs are bound to record correct data so complain to the CRA and send Lowells a S10 notice as well as complaining to the ICO who are the body responsible for policing the Data Protection act.

 

http://www.consumerwiki.co.uk/index.php/Data_Protection_Act_-_S10_Notice

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Whereas I have been a customer of XXXXXXX Bank since XXXYEARXXX and whereas I consented in my contract with you to the disclosure by you of certain data to third parties, at no time did I consent and neither was it within the contemplation of the parties to the contract that I did consent to the processing by you of that data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998

 

Would I rewrite this section of the S10?

I've never been a Lowells customer per se

 

Thanks

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i've edited it to this:

Furthermore to my letter of May 2010,with regard to the above account, at no time did I consent to the processing by you of data in any manner which would be unfair or inaccurate or which in any way would breach The Data Protection Act 1998.

The default attached to my credit file by yourselves constitutes incorrect data.

Therefore Take Notice that I require that you cease from processing within 7 days of the receipt by you of this notice or else that you do not begin to process any personal data of which I am the subject insofar as that processing involves the communication or passing of personal data of which I am the subject to any third party.

This Notice is given on the grounds that the processing or continued processing by you of the said data will be likely to affect my credit rating and my reputation and cause substantial damage and/or substantial distress to me and my family members in addition to that which may already have been caused and that as the processing of the said data in the way referred to in this notice would violate the fourth, first and sixth principles of The Data Protection Act 1998 to do so would be unwarranted.

 

Am I missing anything or including anything unnecessary?

 

Thanks

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  • 3 weeks later...

Just to finalise this if anyone ever needs such help.

 

 

Basically, I sent a message to Experian and they researched it, contacted Lowells and possibly because they were flagrantly out of order completely agreed to remove the entry on my file!

 

Maybe if it hadn't been so clear cut, a more heavy handed approach would have been necessary.

 

either way, Result! and many thanks to those who helped in this thread.

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