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    • Should this to be take into court with him or should he send something in earlier?
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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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Cabot - HSBC Credit Card debt


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Hello All,

 

I have received a letter telling me an old HSBC Credit Card was sold to Cabot Financial today and that they would be in touch shortly.

The account is not statue barred.

 

Whilst I am happy to enter into a repayment plan,

I want to make sure that they have all their ducks lined up and have all the correct paperwork.

 

I originally had a dispute with HSBC after they blocked the card on Christmas Eve and that very nearly left me stranded Birmingham Airport over the Christmas Period.

 

At the time there were plenty of funds available on the card and it was the only card I had on my person at the time.

 

Long story short

I phoned them on the day asking why the card was not working and noone could explain it to me either.

I was promised several callbacks which they never made and a resolution the same day which also did not materialise.

 

As I couldn't buy the train ticket I needed,

I had to take several buses to my Christmas destination which in all took over 10 hours to complete a 60 mile journey.......... :mad2:

As I hold an ENCTS pass this journey cost me nothing but did cause considerable inconvenience at the time.

 

I made a complaint at the time and whilst they acknowledged the complaint,

they did not respond and when it came to them wanting something (i.e. to pay the bill) I refused until the complaint was resolved to my satisfaction.

 

Apparently they had nothing on file and still did not know the reason for the failure of the card.

This contradicted what I was told on the day of the failure which was

"A Back office team is working hard on this as we speak and it will be resolved shortly"

which now appears to be from my perspective a complete lie.

 

Fast forward to the issue at hand now,

I received a letter that the account has been sold to Cabot Financial and that I will begin a game of letter tennis within the coming days.

 

How is it best to proceed from here.

I don't particularly want to furnish Crapbot with too much information.

But I'm happy to do my homework and see what happens.

 

Debt is for a Credit Card approx £1,800

I don't doubt for a second that Crapbot will take legal action eventually

but I'd rather give them notice as it were that I know how to handle this matter.

 

I'm thinking just a bog standard CCA Request uncrossed postal order and see what they come back with?

Perhaps a SAR to HSBC as well?

This is how I spend most of my life :ranger:

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CCA them. cabot dont chase enforceable debts. If a CCA comes back that complies with things, then you cna research other avenues.

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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Yeah I thought that would be the case, I've read through several threads and the consensus is Cabot deal with Lemon Debts so then picking it up is not necessarily a bad thing.

 

Ok CCA in the post tomorrow and see what they come back with. I know they'll be some penalty charges on there too from around 2013 so thats another avenue to explore if they come back with anything.

 

Thanks :)

This is how I spend most of my life :ranger:

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sar HSBC 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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  • 3 weeks later...

HSBC SAR'd and CCA Request sent to Cabot. Both have been received by the retrospective parties.

 

Had a response from Cabot today saying they can't provide the CCA in the required 12 days but expect to have it within 40. They go on to write "In the unlikely event we cannot source the documents we will write to you again"

 

Happy to post the letter up but seems like a very generic response that most people get (from reading other threads) when sending CCA requests to Cabot.

This is how I spend most of my life :ranger:

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Cabot know they only have 12+2 not 40. theyre very unlikely to get a compliant agreement, and if they do, then something else is fishy with the debt.

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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  • 1 month later...

No response from Crapbot to date. However HSBC have sent me their SAR bundle.

 

I've had a skim read through and there is no copy of the CCA, even a reconstructed one from the time of inception. I'll take a more detailed look when I get home and can examine the documents more thoroughly.

This is how I spend most of my life :ranger:

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tough luck on cabot then!!

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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  • 3 months later...

Cabot have replied saying they could not locate the CCA and thus the account is unenforceable in court. They have naturally invited me to setup a payment arrangement as I am still obliged to repay them...

 

They stated they would keep trying to locate the documents and did not return the £1 PO. Is it worth writing to them again asking them to return the fee as they cannot comply with the CCA request? Or should I just completely ignore this until their next move?

This is how I spend most of my life :ranger:

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return the fee, come could on write cost you a £1.00. to do so, ha ha look they are having a problem then that is their problem - long may it be the same !do nothing

 

 

do not try to be clever as that may invite them to be more aggressive

:mad2::-x:jaw::sad:
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I thought that would be the advice given and it's good advice. So I will do nothing until they try something.

 

I had an off day and felt like rubbing salt into the wounds for failure to comply with CCA. But in hindsight that will only bite me in the long run, so just going to see what happens.

 

Interestingly they stopped phoning me the moment they got my CCA request so I think they know I've found CAG :madgrin:

This is how I spend most of my life :ranger:

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