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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?    
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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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Problems with Lowell Group


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I have been having problems with them.

 

They are trying to collect a debt from me which doesnt exist

 

they have now passed the debt to a debt collection agency called lowell group

 

who are extremely rude they even laughed at me on the phone when i told them debt was paid off 2 years ago!!!!

 

I have been informed by others that direct debits were cancelled by Newday ltd

and they forcing the blame on to customers which is a fraudulent act.

 

I have written to the FCA and Ombudsman service and am awaiting a reply.

 

Both newday and lowell refuse to investigate my claims that the debt was paid off

and insist on trying to collect £70 for a debt that was only £5 to begin with.

 

never received any warnings or notices about the final payment not being received,

 

was never told it was being passed to a debt collection agency either.

 

They are a huge headache!!!

 

 

anyone else having problems?

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Can you give some background on this alleged debt please? Lowell will chase whatever the numbers on their spreadsheet says, until there is conclusive proof that the amount is wrong. And even then theyll likely still chase you.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You just need to send Lowells a letter asking them to prove that a debt exists.

 

Template letter link here http://www.consumeractiongroup.co.uk/forum/showthread.php?387363-You-know-nothing-of-the-Debt-Prove-It-%28Updated-21.04.2014%29

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I bought some products on finance from Comet in February 2010 with an agreed repayment of £5 per month.

 

 

In Novemeber 2011 I was contacted by Moorcroft group saying that the final payment of £5 was not collected

and that the debt was sold to them.

 

 

This last payment was not collected because the Direct Debit was cancelled without my consent when Comet closed.

I did not even notice, since I was never notified. Otherwise, I would have just paid the £5.

 

 

The interest on the debt amounted to £77.

I paid Moorcroft £17 and we spoke about my finances.

They agreed that the rest of the debt was unjust and advised me that they would clear the debt.

I was even concerned about fraudulent behaviour regarding this debt, but I left it at that.

I just wanted to get it over with.

 

 

I never received any demands from Comet regarding the overdue payments;

it seems like the purpose of the debt was to accrue interests

- not to be collected.

 

 

After this was settled with MoorCroft, I did not hear about this for years.

 

In mid 2014, I received a letter from NewDay LTD demanding a payment of £70 for this debt.

I called them and explained to them what had happened.

 

 

At this point, I became suspicious that NewDay might have purchased the debt and had been the company who wanted to accrue the interests.

They did not care about the incident with the Direct Debit cancellation

- they just wanted to collect a ridiculous amount of interest and ignore that this debt had been settled by MoorCroft.

They did not pay any attention to my complaint, and just passed the debt to a debt collection service (without notifying me!).

 

Later, on October 2014,

I was contacted by Lowell Group asking for the £70,

I called them and explained the situation!

 

 

They told me they bought the debt in June 2014, and that despite the debt being settled with MoorCroft, that didn't matter.

They argued debts are given to many collection companies.

They were rude and mocked me on the phone.

 

 

In email correspondence with Lowell Group, I have asked repeatedly that they contact Moorcroft.

They have refused, without reason.

They keep telling me Newday LTD has no record of Moorcroft.

I have a bank statement with the payment of £17 to Moorcroft and have informed Lowell about this.

They refuse to listen.

They continuously put the burden of proof on me, and refuse to investigate.

Even, when I am explicitly stating who they can call.

 

 

I have sent a complaint to the FCA, and notified Lowell about my proceedings to contest this outrageous debt.

 

Hope that helps you understand a little more.

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your big mistake here is talking to these fleecers on the phone.

 

 

they are DCA's

they ARE NOT BAILIFFS AND HAVE

NO SUCH LEGAL POWERS.

 

 

it obvious from the onset that your were taken for a fool.

and because you fell for the threats

that they will never put into writing

 

 

they pocketed the money

and sold the debt on.

 

 

now, because of that, you got put on the mugs list - you fell for it once

you might fall for it again....

 

 

lo and behold, you do by ringing these people.

 

 

pers I'd stay off the phone TOTALLY now

never ever ever discuss debts on the phone.

 

 

pop along to Noddle credit ref site listed below

 

 

go check your credit file

 

 

and I bet this debt does not even show........

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Have to agree, by communicating with them you're simply encouraging them.

 

Check your credit file first, then ignore them.

 

Lodge the usual formal complaints about this sorry outfit to the FCA and TS.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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nope neither

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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