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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
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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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Lowell claiming - old Very CAT debt***Claim Dismissed with Costs***


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I started another thread a year or so ago, and received great advice.

 

In the end, we sent CCA requests to the creditors and I believe two sent responses.

We didn't make any settlement offers.

In fact we decided in view of the fact that the defaults would likely remain whatever we did to do absolutely nothing and see what happened next.

 

The baby is now 10 months old, and our housing situation is now secure

- some family money has meant that a house is now owned outright in my sole name,

for the time being we no longer need to concern ourselves with mortgage applications or credit checks for tenancies.

 

Obviously those maternity leave savings are long gone!

However, we have been putting around £180 a month into savings,

earmarked ideally for future unforeseen events

but with the idea that they could be used to pay off anyone if that really becomes necessary.

That figure currently stands at about £600, but will hopefully continue to grow now I'm back at work.

 

Obviously things have moved on from the creditors side and various threatening letters have started to arrive.

The most recent today, from Lowell, who it appears have bought the shop direct debt (£2487), which is entitled 'pre-legal assessment'.

Do we need to be concerned by this?

 

From a quick search it would seem perhaps not, or at least not yet?

I understand a claim form is the one thing that should not be ignored.

 

If that arrives though, what would happen next?

The history of these debts would mean their becoming statute barred is still a long way off (5 years).

Am I missing any other possible responses to a claim form that would have a positive outcome for him / us??

 

Any more advice would be appreciated.

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CCA request time if you get worried.

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...

Sorry for the delay in responding. Life has got on top of me...

 

I've pasted this from further up the thread. CCAs were sent to all of them. I've noted what came back and where things are at now with each.

 

Capital One

Date of default 09/05/16

Default balance £566

Current balance £562

 

Replied with 'a reconstituted copy of your original agreement'. This did include a scanned copy of the signature page. Returned on 12th October 2016. He got a letter recently saying that this has been passed on to Lowell.

 

Lloyds

Date of default 10/06/16

Default balance £1555

Current balance £1553

 

Never replied to the CCA. Wrote this month to inform that they've sold the account to Robinson Way.

 

Barclaycard

Date of default 01/08/16

Default balance £590

Current balance £589

 

Also never replied to the CCA. As far as I know, we've heard nothing from them.

 

An unsecured loan:

 

Madison CF UK (118 Money) - taken out 22/07/2014

Opening balance: £2905

Date of default 31/03/16

Default balance £3630

Current balance £3625

 

Didn't reply either. Again, nothing from them to my knowledge.

 

An account with some kind of 'buy-now-pay-later' catalogue

 

Shop direct finance

This is showing as not in default - oddly,

this is showing as no account information in recent months (since Stepchange got involved) on noodle

Current balance £2493

 

He received a reply from this one, which said an application was made through their website using an online form and terms and conditions were accepted by ticking a box. A standard issue credit agreement has been printed off and enclosed. This is the account that has been passed to Lowell, and was the subject of the 'pre-legal assessment' letter I mentioned above.

 

The last token payments through stepchange were made in December of last year.

 

Is there any value in re-sending CCAs? Or should I just keep filing the letters away and hoping 5 more years will pass as the last one has?

 

Any advice welcomed.

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I wold expect the lowells ones have been SOLD not passed on.

so a CCA request on those two yes.

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...

Let me start by saying how thankful I am to this site and the knowledgeable posters who are always so quick to assist.

 

It is so much appreciated!

 

The letters continue to arrive and a somewhat worrying one came on 31st December

(I know I should probably not have left my query this long...)

 

It's a letter of claim from Lowell Solicitors in respect to the shop direct account with a balance of £2487.

 

They say they are going to issue a claim without further reference to my partner.

 

I never did send the CCA, and feel v stupid about that now.

 

Should I do that today with urgency?

 

What is likely to happen next?

 

Thanks for your advice, as always...

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Thank you. I will send it today.

 

Do you know which section of the act this account would fall under?

 

It wasn't a credit card, looks like it was some kind of finance on goods but as it wasn't my debt it's hard to know.

 

The original creditor was 'shop direct finance company limited' and it seems it was taken out online at very.co.uk

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read the posts under the CCA request link

 

if its a pre action protocol letter like here

https://www.consumeractiongroup.co.uk/forum/showthread.php?481827-The-Pre-Action-Protocol-for-Debt-Claims-is-made-by-the-Master-of-the-Rolls-as-Head-of-Civil-Justice.-1st-Oct-2017

 

you need to read and follow post 6 in the above

 

just reword where it says credit card to shop direct mail order account

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 dx100uk, it does seem like it was one of these.

 

So I should send the CCA today with the form filled in as described in the linked post?

 

Can't believe I have left this longer than the prescribed 30 days! That is likely to make things worse I fear...

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doesn't matter.

 

so PAP response form in post 6 of that thread

and

CCA request

 

1st class post today

use free proof of posting from the PO counter when you get the £1PO for the CCA request

 

don't forget..DO NOT SIGN ANYTHING

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 am in the same situation as your other half due to family situation and long term illness from work so my disposable income plummented ,

 

I offered f & F to everyone explaning the situation and said this is the offer take it or leave it

 

2 did other did not but with the risk that I would be paying them £1 a month .

It take some doing

 

but the first thing to do is do a I & E form like on the nation debt helpline and then you can see what disposable income he has .

 

As long as the debts are solely in his name then its his income you put done and if it comes down to it all he can offer is £1 month then that's all they get . Also stay off the phone .

 

Put is bluntly no one can get blood out of a stone .

But believe me when you get it all sorted it is such a weight lifted from your shoulders

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Have filled in name & address, boxes D&I, & printed name only.

 

Written a separate list of the documents required (no room on the form)

 

Do I staple both of these to the CCA letter & send all together?

 

Lowell sols are the same address as lowells so yes

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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  • 1 month later...

So I did this and a week ago had something back from Lowell Solicitors...

 

'Please find enclosed a copy of the agreement, statement, screenshot of the default notice and notice of assignment as requested from the original creditor.

 

We have suspended activity on the account for 30 days to allow you time to contact us with your intentions towards the above balance.

 

If no response is received, a County Court Claim form may be issued incurring costs. If you do not respond to the Claim we may apply for a County Court Judgement (CCJ) which could impact any future credit applications, etc...'

 

Enclosed was a letter introducting Lowell (July 2017), a indecipherable screenshot of something printed in green on a black background, and a copy of the credit agreement (unsigned). There is nothing detailing the payments made on the account, which I'm sure was one of things requested.

 

The original credit limit was £1000. The balance now stands at £2487.09.

 

Does anyone have some advice on what we should do next?

 

Thanks in advance.

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well the agreement wont be signed will it

you signed up online?

 

but that's all std stuff they can download even from this site and type you husbands name on to it.

 

no default notice either

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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no its a screen shot of some computer data screen

but it wont wash as a default notice

 

they've tried that grab a screen act = proof of a DN before and failed.

 

if you use our search CAG box of the red top toolbar

 

you'll find them

 

something like

 

Lowell claimform cat debt

 

look for other attachments in posts like a claimant witness statement ...CCA return or CPR return

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

Well my reaction to what they sent was it seemed insufficient compared to what I asked for but then again I have no frame of reference for what I should be expecting.

 

I know I asked for details of the payments made on the account (it was originally for £1k and now is in excess of £2k and payments were made for a while at least).

 

According to their letter, the account is currently on hold, but they MAY file a claim etc etc.

 

Should I just wait it out and see if any further communications arrive?

Or reply and point out what is still missing from the list of things I asked for?

Or something else entirely?

Edited by dx100uk
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no you don't reply

 

 

might help to sar shop direct

lets see what all this extra stuff is

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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Have read the linked post on SARs.

 

I notice it says...

 

'if you have moved since taking out 'whatever' you are sending the SAR for

you should include a list of your addresses from the time of taking out the 'whatever'

 

and if you have moved

its worthy to include a copy of your current CTAX bill

to prove who and where you are now.'

 

My partner has moved a few times since this was taken out in 2013. He should include all addresses? This house / all bills here are in my name only. What can / should he include instead of the c-tax bill by way of proof of address / identity?

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