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    • 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.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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LOWELL/BW claimform - Telefonica o2 mobile 'debt' ***Claim Discontinued***


Phantom943
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Received a phonecall last week from BW Legal,

as i dont do phone calls with anyone unless absolutely necessary nothign was actually discussed.

 

Received today a county court claim, which probably explains the phone call.

 

A very old O2 Account which in essence was not paid due to being made redundant in 2010.

I cannot be exactly sure of the dates

but last payment would of been made around July/ August time 2010 if not even earlier.

 

Attempted to come to an arrangement with O2, to no avail

they eventually closed the account added an early termination fee and never heard anymore from them.

 

I provide details of the claim etc below any advice woudl be greatly appreciated:

 

Name of the Claimant ? Lowell Portfolio 1 Ltd

 

Date of issue – 08/12/2016

Date to acknowledge) = 26/12/2016

Date to submit defence = 09/01/2017 (33 days in total)

What is the claim for – the reason they have issued the claim?

 

1.The Claimant's Claim is for the sum of £

2.The Defendant failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with.

3.The claim also includes statutory ineterest pursuant to section 69 of the County Courts Act 1984 at a rate of 8.00% per anum ( a daily rate of £0.11 from the date of assignment of the agreement to xx/xx/2012 being an amount of £

 

What is the value of the claim? less than £700

 

Is the claim for a current account (Overdraft) or credit/loan account or mobile phone account? Mobile Phone Account.

When did you enter into the original agreement before or after 2007? After.

 

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Lowell Portfolio 1

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No.

 

Did you receive a Default Notice from the original creditor? No.

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No.

Why did you cease payments? Made redundant and disputed account due to unexplained charges and costs.

What was the date of your last payment? Estimated prior to June 2010 but definately no payment after September 2010.

Was there a dispute with the original creditor that remains unresolved? Yes, challenged regarding charges added to account and refusal to accept payment plan offer.

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementlink3.gif plan? Yes. Original Creditor was offered monthly payments but demanded payment of account in full and early termination fee.

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morning and welcome to CAg

 

thanks for doing the excellent ground work and researching what you need to do before posting.

good work!!

 

just one small point

you appear to have cut yourself short on the defence filing date..

and that s now amended above ..

 

if you are 100% happy that your last payment was outside of 6yrs

and within that date your not sent any signed letter that could be construed as acknowledging the debt

then i'd get on and file the statute barred defence detailed below

you don't need to send any letters or requests.

 

pop up on the MCOL website detailed on the claimform

register as a new individual user

note the long ref number given and then log in

 

select respond to a claim

select the [AOS} box

and using the details on the claimform acknowledge the claim

defend all

leave jurisdiction unticked

 

here is the SB defence:

 

The following defence is all you need if it is SB

1 The Claimant's claim was issued on (insert date).

2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980.

.

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

.

3 The Claimant's claim to be entitled to payment of £[insert figure from their POC] or any other sum, or relief of any kind is denied.

..

..ends..

 

then once you have confirmed etc etc

log out of mcol...job done.

 

one other thing ive noticed

they specifically claim the mobile account is covered by the consumer credit act

quite rare for that date of mobile agreement

something I've not seen here before...

 

HTH

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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Oooo O2 Refresh didn't start till 2013... And this account must have started 2009 2010?

From 2013 was when the HANDSET part was included with a CCA Agreement! Just the HANDSET!

 

My my they have shot themselves in the foot... DX you were right to question it...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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  • 1 month later...

Received a letter today from Northampton, Dated 12/01/2017 to be actioned by 30/01/2017;

 

 

Notice of Proposed Allocation to the Small Claims Track and the associated questionnaire.

Seems our friends want to pursue this matter a little further.

Not quite what I was expecting but there you go.

 

Completing the questionnaire appears straightforward enough,

 

 

my question would be what else do I need to do now in preparation just in case this does go to court?

Many thanks.

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Fill in the N180, print 3 copies:

 

1. To court

2. To solicitors

3. To your file

 

Nothing else to do, yes to mediation, 1 witness, thats you.

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  • 7 months later...

why of sorts

you've WON

 

 

2nd one today too

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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Well done Phantom...thread title amended to reflect the outcome.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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