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    • Should this to be take into court with him or should he send something in earlier?
    • 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?    
    • 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.              
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1st credit re HBOS Card debt - Statute barred? - need help please.


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Hello, I am new to this site and need help on the following

– I know it is not legal advice just educated opinions, but any help would be great.

 

This refers to a disputed credit card debt (Halifax/BOS) that was defaulted back in January 2012 (over 6 years ago).

 

In September 2014 the debt was sold on to a debt collection company (1st Credit).

 

I wrote to the debt collection company back then with the following statement:

Should you provide sufficient evidence that I owe your organisation or your client any outstanding amount and that you can provide proof that they have assigned you agency, I should be happy to pay any verified claim in full.

 

I have continuously asked for proof of debt between then and now.

They have sent me information, but has does not included all of the information I have asked for.

 

They wrote back in February 2018, after the 6 year statute barred period and have stated that they consider the statute barred period has not ended because of what I wrote to them (in 2014) (in italics above) is acknowledgement of debt.They have said that they have provided the ‘evidence’ and that I had said that if they had done that I would pay.

 

This is not what I wrote means, and I think they are trying to mislead me.

I meant that if they provide sufficient evidence

– but what they have provided is insufficient in my view and this has never be put before a judge to decide.

 

Are they right or is this now statute barred?

 

I know you don’t have the complete information from the last 6 years, but some opinions would be greatly appreciated.

 

s I have already mentioned I have never acknowledged or made any payment to this debt within the last 6 years.

Thank you

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My view is that you are right and they are wrong. It is a try-on.

 

I suggest that you write to them and point out that the rules in CONC require that as they have now been informed that the debt is statute barred that they desist any further attempt to harass you in respect of this matter and that if they want to they should take you to court and you will be pleased to put the letter you wrote in front of the judge for a final decision. However you will be defending any action on the basis that alleged there is statute barred.

 

You can tell them also that you wrote your letter in 2014 as a sign of good faith and goodwill and that you are very sorry that they have decided to abuse this. You expect that the judge will take the same view.

 

In future, don't write to these people. You can see that it only causes complications.

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moved to hbos forum.

 

as above

we've never seen a court claim issued just because a fleecing DCA/creditor thinks you writing to them ack's the debt and that is the only reason for it not being SB'd.

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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Hello,

Just need some opinions about the 1st credit issue that I posted.

It’s a bit subtle, but here goes.

 

So, if I need to defend this as statute barred and then they show the judge their 'evidence', is the 'evidence' irrelevant at that point, as I have not said it is sufficient, nor have I verified the claim Hope that makes sense. Many thanks:|

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stop worrying

its for the claimant to prove its not SB not YOU to prove it IS.

 

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

if I were to be honest here i'd say this is sadly mostly of your own making.

unless you get a letter of claim or a letter before action that says we WILL do court

you should never ever reply to a DCA or their fake/tame solicitors.

 

a dca or their fake/tame solicitors ARE NOT BAILIFFS

and have

ZERO LEGAL POWERS

 

what they solely possess IF they OWN the debt [they'd have sent a notice of assignment if they do]

is the same rights as you do IF someone owes you money

that's issue a court claim.

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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Hi dx100uk

Sure I understand that. I was under the impression that you should never ignore the letters, so that's interesting to know. I'll now leave it to them to take court action and then follow the SB line.

 

Thank you again

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but come here first before you do that IF a court claim is initiated

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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