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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?    
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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.              
    • 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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Barclays unknown debts


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Hi again

 

This is my second thread in regards to an ongoing problem

 

Unfortunately my mum has been left with debts that she has no idea about from her marriage which has broken down

 

These debts are with PayPlan at the moment who are paying all creditors each month with a lower monthly repayment and 0% interest.

 

This plan was set up between her and my dad when they were together as she could not manage her repayments

 

She has now asked PayPlan to send her a summary of such debts which are in her name.

 

On the summary it states that 4 debts are to Barclays and 1 to LINK.

 

The references suggest that 1 is a loan that we know about (see my other thread).

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?479075-Barclays-Personal-Loan

 

It looks like another is a current account as they said it was in 'joint' names and I know joint loans/credit cards do not exist. The reference is 5082XXXXXXXXX which also suggests it's a current account because the sort code of our area is 20-50-82 so they've missed out the '20'. The only thing that doesn't make sense is the fact it is followed by 9 numbers instead of 8 so we cannot use it as an account number.

 

The other 2 seem to be credit cards that have reference numbers on there.

 

We went into branch today and the member of staff could see the loan that we know about and some closed credit cards which do not match the reference numbers for the outstanding debts.

 

He could not find any other accounts in her name.

 

PayPlan have confirmed that the LINK debt was a Barclaycard so I assume that because the other 4 debts are still displaying 'Barclays' rather than a debt collector the debts are still with Barclays. Am I right in assuming this? Obviously we know that the 1 loan is still with Barclays as they could find it on their systems, but nothing else.

 

So as you can see I've done a bit of digging already and ultimately want to make sense of it all because my mum is clueless as to why there's so much debt in her name on this 'plan'. They claim this is her section of the plan they had between them, as these debts are apparently in her name.

 

I want to identify each debt and also see proof that these are actually hers to pay. As you can imagine this can seem like an impossible task when only 1 can be found on their systems. The LINK debt will have to be dealt with by LINK as far as I know.

 

Any advice to tackle this would be greatly appreciated.

Edited by Andyorch
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Simple - Send a SAR Request if possible to fine out more info - Or ask for a financial statement for each debt,

 

I was thinking this would be the best way. With some potentially being Barclays credit cards this would be considered Barclaycard. I don't suppose you know whether I have to send two SARs, one for Barclays and one for Barclaycard?

 

Under the summary from PayPlan they simply state 'Barclays' and there is no mention of 'Barclaycard' but the references strongly suggest they are credit cards.

 

Thanks

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One SAR should be sufficient for both as they are the same firm. Barclays... Dont let them fob you off. Itll give you enough info to be able to proceed for now.

£10 PO and a letter should suffice.

 

Are the Refs 16 digit refs beginning 4 / 5 ? KIf so these usually are Credit Cards

AMex begin 3

 

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One SAR should be sufficient for both as they are the same firm. Barclays... Dont let them fob you off. Itll give you enough info to be able to proceed for now.

£10 PO and a letter should suffice.

 

Are the Refs 16 digit refs beginning 4 / 5 ? KIf so these usually are Credit Cards

AMex begin 3

 

They begin with 5 so I think they're Mastercards that they don't offer anymore. They only begin with 4929 as they only use Visa nowadays but these are dated.

 

I'll crack on with an SAR tonight and look at a section 77/78 CCA once I have the relevant information in terms of account details.

 

Thanks

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Hi LH,

 

If you find that there's more than one case with Barclays and/or BC, please start a new thread for each account or it's difficult to follow.

 

I'm aware of the other thread you just started. :wink:

 

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