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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Power of Attorney & Co-op Bank


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Hi

 

I have found myself with a new problem.

 

My Mother who is 82 years old went into residential care with advanced Dementia 6 weeks ago. I was her registered Carer, I helped with her finances but when she went into care I could no longer afford the minimum payments on her credit card. I notified the Co-operative Bank explaining the situation, sent a copy of the Mental Health form completed by her GP and a copy of the Power of Attorney. The Co-op are now requesting I take an original certified copy of the POA into a Branch, the nearest being in another town, before they can speak to me.

 

I am doing my best to sort everything out and am grief stricken, Mum lived with me, has no assets or savings and the care home is being funded by the Local Authority.

 

As a POA holder am I now responsible for her debt? and any advice what I should do would be very much appreciated.

 

Many Thanks

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Hello there, I'm sorry to hear about your Mum.

 

I had the same thing when my mother went into a care home with dementia, Lloyds Bank insisted on seeing the original POA. I'd be interested to hear if anyone has found a way round this.

 

I don't think you're responsible for your Mum's debt.

 

HB

Illegitimi non carborundum

 

 

 

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As a POA holder am I now responsible for her debt? and any advice what I should do would be very much appreciated.

 

Absolutely NOT NO!!

 

Sorry to hear of your mums poor health, this is a truly horrific time for you, and the last thing you need is these vultures giving you the run around.

 

I'd simply tell them IN WRITING, that their attitude is unacceptable and they need to accept the evidence you have given them or they will receive no further correspondence from you.

 

Lodge a formal complaint with the bank, again in writing, AND for speed, via email if they allow it?

You can always email the CEO and cut out the organ grinders.

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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Thank you honeybee that certainly helps. Copy POA's have been sufficient for all other bodies needing to see it, but for some reason the Banks wont accept copies even though you can see the validation at the bottom of each page.

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Thank you honeybee that certainly helps. Copy POA's have been sufficient for all other bodies needing to see it, but for some reason the Banks wont accept copies even though you can see the validation at the bottom of each page.

 

 

Because they're a law unto themselves! Don't forget they bankrupted the country.

 

Having a more measured think about it, I'd do as they have demanded, then STOP paying them.

 

Your mum, godbless her, isn't going to be worried about her credit file, and there is little they can do as mum has no assets.

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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Thanks Boo

 

That is a relief, I will respond to them today, I even sent them a copy of the original letter accompanying the POA stating it had been registered with the reference no but it wasn't good enough.

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Thanks Boo

 

That is a relief, I will respond to them today, I even sent them a copy of the original letter accompanying the POA stating it had been registered with the reference no but it wasn't good enough.

 

Yep, truly morally bankrupt, soooo out of touch with reality. Makes my teeth itch!

 

Do it under duress, and ensure, when you have the time, that you make them aware of just how far from reality they are, and still act with near impunity.

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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Hi,

 

I know in Scotland it states on the Original Power of Attorney...."Copies of this document certified on each page in accordance with S.3 of the Powers of Attorney Act are as valid as the original document".

 

Looking at this 'link' I'd think the same applies in the rest of the UK.

 

https://www.legislation.gov.uk/ukpga/1971/27

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you can certify it yourself by writing on it "I certify this is a true copy of the (paperwork) dated (whatever)" then sign and date it. Some companies think that it has to be a solicitor who certifies these, not so.

They dont woory about upsetting the customer because there are lots of those but only 1 regulator so they do things that go beyond what is asked for to make this demigod happy even when he isnt speaking to them

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No you are not responsible for your mother's debts. Under a POA you manage your mothers financial affairs, you don't become responsible for them.

 

I'm bemused by all the posters who think it's outrageous for a bank to ask to see the original of a document, especially one that gives another person complete control over the accounts of their customer. Financial institutions routinely require to see the original of documents or copies certified by a solicitor. Not only POA but any other documents they require to prove ID - passport etc. I have POA for my mother and every bank and financial institution I deal with requested the original, do did the DWP, the local council, just about everyone I have had to deal with needs to see the original or solicitor certified copy - even EDF Energy to discuss her electricity bill.

 

Personally if it was my money that someone else was being given control of I'd be delighted to know that the bank was insisting on seeing original documents.

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