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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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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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lanarkshire car recoveries santander car loan


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I recently fell behind in my car payments to Santander

i got a phone call from lanarkshire car recoveries demanding full payment,

 

i have gotten into serious trouble recently and couldn't afford it

the only option they gave me was to pay 540 per month for the next 6 months,

this is absolutely crippling me and i have already had to sell many possessions to meet this.

 

My concern is i have not had a letter from this company,

just a phone call threatening to take the car if i don't pay

and they just phone me every 4 weeks to make a card payment,

no acknowledgement is offered.

if i have to pay that amount again this month (22nd) i will be finished.

 

i know its my own fault for falling behind

the reason i fell behind was not having enough money and not knowing how to deal with it.

 

does anyone know if i can open up communication with this company and negotiate lower payments or at least does anyone know the process of car recovery, do they just show up wherever they want and take it away?

 

Meant to add, they called my work last month and told my staff who they were and why they were phoning, this caused untold embarrassment to say the least.

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Somebody will be along soon who will give you better advice about this than me. However, are your calls recorded at work and would you happen to have a recording of this call? Would there be anybody at your work who would be prepared to say that they receive the call and receive this information?

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the calls are not recorded at work but the staff member who took the call would happily say they received the information, i was out at the time and she sent me a text saying a car recovery firm were on the phone and the woman was really cheeky when she was told i wasnt there

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How long have you had the finance? is it an HP agreement?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Have you still got a copy of the text message? Also, I would go and have a chat with your staff colleague and asked them to provide a statement immediately – before they forget or before they change their mind.

 

A statement would simply need to say what her name was what position she held in the company. She received a call at XXX time and when she answered somebody identified themselves as XXX and then the following conversation occurred – blah blah blah.

 

Make sure the statement is signed and dated.

 

Once I had that I would phone Santander immediately and complain to them that your personal data is being shared without your consent and that you want to make a complaint. I would be very bullish about the complaint and insist on being put through to their complaints department and make it clear that you want the matter to go to the FOS. Santander will take eight weeks to investigate but then you will be able to go to the FOS.

 

One of the things you should say to Santander is that you want the file taken away from their debt collectors because clearly their debt collectors are prepared to act unlawfully and in breach of the Data Protection Act and also in breach of BCOBS which is the FCA's own regulations and includes a statutory duty on Santander to treat you fairly and to communicate with you fairly. Although it was a recoveries company which contacted you and broke the rules, the FCA rules require that the original creditor retains responsibility and so if it is Lanarkshire Recoveries which has broken the rules, Santander is still responsible for the way they behave.

 

If you push this complaint through in a sufficiently businesslike and persistent way, I think that you may well be able to have the file taken back from Lanarkshire and that you will be able to agree to resume the payments at the normal rate – although you haven't told us what they are. Also I think that you would be able to negotiate some kind of compensation for the breach of the Data Protection Act and also for the breach of confidence which has occurred.

 

If Santander make any offers to you, come here and discuss them before you accept. Don't be pressured into accepting anything immediately. Tell them that you will reflect on it.

 

This is not hundred percent certain that what I have suggested will happen – but if you are persistent and you push it hard then you can probably get some kind of result. In the end, if Santander will not be helpful to you then you should make your complaint to the FOS.

 

Additionally I would contact the information Commissioner and begin a separate complaint with them. You can do this by the telephone and although the information Commissioner's office is basically toothless and pretty relaxed about investigating your complaint, it will be another load of trouble and another load of correspondence which will be sent to Santander and which they will have to deal with. All of this will start to concentrate their minds.

 

Finally, I should write a letter to Lanarkshire and complain about what they have done and tell them that you are reporting them to Santander, to the ICO and eventually to the FOS. Tell them that you don't want to hear anything more from them. Tell them that the conversation that they had with your colleague has been recorded and that your colleague is preparing a statement outlining exactly the way that they committed their various breaches.

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stop paying the no powers repo company

deal with satans bank direct.

 

unless you GIVE the car to the repo guy

there is no such thing as them being able to simply turn up and take the car in Scotland

they MUST get a court order.

 

sadly you've been had here.

 

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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Wow, that's amazing advice to read.

 

I'm stuck in a rut thinking everything's my fault and i deserve it but your advice is making great sense now.

 

I would need to look up Lanarkshire recovery address,

i don't even know what their phone number is,

 

iv had a text from them but it seems to be a private mobile number.

 

the staff member would be happy to make a statement and i still have the text she sent me.

 

Im at work just now but ill make time to call santander as the next payment is due next friday, i used to pay 265 per month.

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Pay attention to the advice given by site team member DX100UK.

 

Start making your payments to Santander as previously agreed – the £265 per month. You need to resume that because it shows that you are willing and you are able to start to recover some of the moral high ground. Do this in addition to the very serious complaint that you will be making. One of the useful things about the complaint is that it will cause a dispute and suspicion between Santander and their recovery people.

 

By how much are you in arrears?

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im not sure how much,

i missed about 3 payments of 265 and LCR contacted me at work on the 12th october and said i had to pay 460 per month for 6 months,

 

i told them i had no money until pay day on the 27th

she said she can wait till then but the payments would go up to 540 odds.

 

she phoned again on the 27th and i paid it by card over the phone,

she said the next payment would be due on the 24th november,

 

i ended up in a full day meeting out of the office on the 24th and thats when she rang my work looking for me,

 

I have just spoken to the staff member who took the calls

but she says she actually googled the phone number to find out it was a car recovery place

so that puts my hopes of a complaint dead in the water.

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you don't need to contact the powerless repo company

simply ignore them other than starting a complaint with Santander over their conduct.

 

can I assume you ARE resident in Scotland and took this loan out whilst resident in Scotland.

 

have you the agreement still?

 

its quite common that these satan car loans are not a car loan nor HP but a pers loan whereby the car is not even mentioned at all on the agreement.

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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yes im resident in scotland and took the loan out while here, i should have the agreement somewhere, might even have an electronic version of it. I moved house just after getting the car and put a 6 month forward on my mail, i also wrote to everyone i was in contact with and gave my new address.

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ok good well scan it up to ONE multipage PDF when you can please

read UPLOAD.

 

and simply pay/negotiate with satans bank directly now

totally ignore the powerless repo company

theres no such thing as repo without a court order in Scotland

and ofcourse that will have to be applied for by satans bank the owner of the agreement.

 

have you got all the statements?

if not might be an idea to send satans an sar to get them.

 

might be worthy to go get your credit file too.

just to check everything is still ticking along OK

 

it should show satans loan and most probably defaulted too?

have you had a default notice from them?

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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i didn't get any letters from santander, they phoned me a few times but didn't leave a message and i ignored the call because i was worried about not paying them. i have been trying to start up a business which is taking way longer than i thought and its been eating into my own personal money, that's why i've been falling behind on payments.

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go get your credit file please

what does it state about this account

 

noddle clearscore exerian

all are free

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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Its showing missed payments since july, its not showing the payments i made to LCR in october and november

 

is it defaulted?

 

smelling !!

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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it doesnt say, just shows the months and a red dot for missed payments from july, aug, sept (these are the 3 payments i knew i missed) but also for october and november. ive paid 1080 to LCR since october.

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oh dear I wonder where your payments have gone...

 

well I don't..you've just paid for LR's xmas party drinks today ...

 

more later

 

get that sar running

 

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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When you contact santander you MUST make the complaint formal so in writing.

 

If you need to speak to them to find out who to write to then do so but do not agree anything or go into any lengthy conversation about this, just make it clear you are going down the formal route so need to know who it is that is going to receive the full treatment.

 

As for arguing over what LCR say igniore that,

they are a powerless bunch of bandits who break the law.

 

If your payments to them are not credited in full to your santander account then you should do a recharge via the card you used to pay them.

Let satan know you are doing this as well

 

LCA credt licence expired march last year so you should really stick it to satan for using them

because if they dont hand over the money to satan then you can still owe it according to the law.

 

Let the FCA know all about their behaviour.

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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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can we just check the phone number you used to make the payments to please?

 

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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