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    • 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...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Cabot/Nolans Ordinary Cause Claim - Halifax Card - statute barred - ***Claim Dismissed***


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Hi,

 

I received an Ordinary cause Claim a few weeks ago.

I've been to court to hand in my Notice of Intention to Defend.

I've now got to put my Defence in .

 

Been reading a lot of cases on the forum and thought I would post as I don't want to make any mistakes.

 

Any help or advice would be appreciated.

 

Who Is The Claimant: Cabot

 

Who Are the Solicitors: Nolans

 

What type of action? (simple/Ordinary): Ordinary

 

What is the claim for:

 

1. Jurisdiction

 

2. On 01/02/1997 the defender entered an agreement with Lloyds TSB Bank PLC under which the defender borrowed from them a sum of money repayable on demand.

 

3.The said agreement was an agreement regulated under the Consumer Credit Act 1974.

 

4.The defender failed to pay as agreed on demand and is in breach of contract with the said LLOYDS TSB BANK PLC.

The said supplier assigned all rights in the said debt to Cabot Financial UK Ltd on 01/08/2012 and the pursuers have advised the defender of same.

 

5.The last payment was made to account on 21/08/2012.

The said sum of £6000 is the sum sued for.

 

6. The pursuers have made frequent requests to the defender to make payment of the said sum but the defender has refused or delayed to do so.

 

Claim Received:- 31/07/2017

Notice of Intention to Defend:- 21/08/17

Defence in by:- 04/09/17 but I can only go to court by Friday 01/09/17

 

What Documents are listed in Box E2:

 

Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt ? Credit card

 

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

 

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. Debt purchaser

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? No Notice of Assignment but I received letters from Cabot asking for payment.

 

Did you receive a Default Notice from the original creditor? Yes

 

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

 

When was your last payment:- 20/06/2012

 

Why did you cease payments:- Financial difficulty

 

Was there a dispute with the original creditor that remains unresolved? Yes. The account defaulted 2007, I made reduced payments until 2012. I CCA'd Halifax in 2012 but they were unable to send me a copy of the agreement and since I was now struggling to make the reduced payments I put the account in dispute and stopped paying.

 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon ? Yes, made reduced payments negotiated through CAB

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if you last payment was 20/06/2012 the debt is statute barred under SCOTTISH LAW

after 5 yrs the debt is TOTALLY EXTINQUISHED and does not exist

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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Thank you dx, I was hoping that would be the case.

 

When writing my Defences I have to admit/deny etc all the points made in the Condescendences.

With the exception of Jurisdiction, would I deny all? since the account should not exist anymore under Scottish Law.

 

Under Pleas In Law would I state the account is Statute Barred and ask for the case to be dismissed?

 

Thanks

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were you resident in Scotland when you took this card out?

 

 

you have I now see two dates for the last payment

which is correct please?

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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Share on other sites

Yes, I was resident in Scotland when I took this card out

 

The last payment I made was 20/06/2012 online from my Halifax bank card. I always paid it monthly online. I still have all my bank statements to prove this was the last payment and no further payments were made.

 

I don't know where Cabot/Nolans got a date of 21/08/2012

 

Thanks

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so they've generated phantom payment

nothing new there then!!

 

the Scottish SB defence

which I think runs.

 

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 The Prescription and Limitation (Scotland) Act 1973, Section 6

If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract,

 

in excess of 5 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

under scottish laws the debt is now extinguished

.

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

.

Regards

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453038-Ordinary-Cause-Summons-from-Cabot-Optima-Legal-for-£25k-BoS-loan&p=4798110#post4798110

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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http://www.consumeractiongroup.co.uk/forum/showthread.php?478656-Arrow-Shoes-Oridinary-Cause-Action-1st-Direct-HSBC-Credit-Card-debt

 

Make sure you reply using the correct format

Might be worthy to take in person to the clerks office and get it checked

 

Might also be worthy to scrape your mind and ensure you didn't make later payments via say a DMP company or ring the original creditor and check last payment date 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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Share on other sites

  • 1 month later...

how'd your claim go?

 

please respond and let us know

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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Share on other sites

Hi dx, sorry not been online. I forgot my sign on details then couldn't find my thread.

 

Put my defences in using statute barred above.

 

Pursuer asked me to prove that I did not make that payment in 2012 but from reading online I believe it's up to them to prove that I did.

 

I've to put in my Rule 22.1 then got my Options Hearing in just over a week, will update after that.

 

Thanks

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Rule 22.1?

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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you already stated its statute barred in you defence

pointless

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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  • 2 weeks later...

Hi, just an update.

 

When I was called forward I was still getting into the right place to stand but Nolans (or local rep?) had already starting talking so I missed the beginning but he was saying I hadn't done something properly, not sure what.

 

The sheriff said about it being prescribed by time.

 

Nolans said as their client was not the original creditor it would take time to get all the details,

he said about sisting the case or continuing it at a later date.

 

The sheriff asked me if I just wanted it shelved for the time being or to come back in 4 weeks to give them time to find paperwork.

 

I said I'd come back in 4 weeks.

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I take it by shelved you mean sisted.

 

no probably better to give them 4 weeks then demand if dismissed as they've have long enough already.

and already claimed they HAD the paperwork on the claimform

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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Share on other sites

yes you can

stick by your guns

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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Share on other sites

Hi dx, another update

 

I've received a letter from solicitor offering to dismiss the action with no expenses due.

 

The offer is made without admission to liability and I have seven days to accept.

 

If I don't accept they say they have prepared further adjustments and a rule 22 note.

 

Any thoughts?

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so you've won then

they are running away.

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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Share on other sites

so you want to goto court then?:|

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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Share on other sites

give the clerk a ring in the morning tell em whats gone on.

 

ideally nolans should be doing this but its quite common for them

 

I bet your letter looks like this...

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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