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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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Approved Car Finance/Funding Corp CCJ/CO after £6k car repo - They want £27k to settle


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Hi

 

I bought a car from Approved Car Finance in 2008 for around 6k,

 

Back then I couldnt afford it and it got repossessed (illegally according to Stephensons Solicitors).

The Funding Corporation took me to court,

 

Back in those days there was no websites like this to help so I hid my head in sand and lost....

 

I had the odd letter from them,

a year or so later a solicitor sent a nasty letter which I wrote back with a load of complaints,

 

I trying to rebuild my life, as my wife passed away a few years back

 

I met a lovely lady and we started a family together,

but we need to move on,

I decided to sort all my debts out and look to move...

 

today this is in tatters as Funding Corporation want £27k to settle this debt, which I truely believe is all miss selling.

 

PPI, Warranty on Car which was not fit for purpose, GAP Insurance, I was without the car for the first month as it was faulty, illegally repossesd...

 

Where can I go from here, the CCJ was recorded in 2010, and they put a charge on my house.

Edited by dx100uk
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well, you can reclaim the PPI and so forth.

as for the charges added at the time that were unlawful or without foundation you will find hard to get rid of because they took you to court and won.

 

I presume that they claimed interest as well that is still being added.

I dont think they can do this for more than a year after the judgement if you havent paid them anything at all.

 

illegal repossession

- well, agian you are too late as you have 6 years after the event to take action so that has passed by as well.

 

you can claim interest on the PPI and that will claw you back a goodly amount from that time

but you are likely to ony get 6 years worth

but if they have added interest to your bill then they will have to reduce their debt accordingly

so after this time the amount the PPI is worth will be double what you paid out.

 

Others may know more about the illegal repo and whether you have any comeback there after all this time.

Edited by dx100uk
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Is the debt solely yours but the home jointly owned with your late wife?

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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Go check that charge. Check if its an actual charge or something like restriction K. You can check it at the land registry.

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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Hi

it was a joint debt with my wife, as I Was doing the process of getting ready to sell,

 

I had to have her removed from the land registry, which I did last week. id

This is a full charge on property so has to be cleared with any sums.

Edited by dx100uk
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Aw that's a shame

Why was it an unlawful repo..

Expand that and your complaint s

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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CAG was founded in Jan 2006 .

 

Have you retained the original court claim N1 ...in particular the the particulars of claim ?

 

Also a coy of the Judgment Order informing you of payment ?

 

This is important to check the validity of this interest being charged.

 

 

Andy

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i do have the original court paperwork and a draft letter fro Stephenson solicitors, but at that time I couldn't afford for them to represent me, and I think that's when I gar up and stupidly did nothing.

 

I dig it all out and scan it and upload here

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i do have the original court paperwork and a draft letter fro Stephenson solicitors, but at that time I couldn't afford for them to represent me, and I think that's when I gar up and stupidly did nothing.

 

I dig it all out and scan it and upload here

 

:thumb:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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One multipage pdf please

Read upload

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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uHi guys,

I attached some documents,

the original application,

Bill of Sale,

the clients Court application form,

the court order,

some debt collector letters,

 

I have another box with loads more info and later I will add my full breakdown of what I feel is wrong with the wholething,

 

including the shocking info I found from the car once it had been repossessed..

 

Please find the docs attached to view.

TTSU.pdf

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Great work

Keep scanning!!

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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Agreement is void under the CCA?

Insurances are not mentioned nor broken down anywhere

Go get all your moneyback and todays worth for the car you no longer have?

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... 

Link to post
Share on other sites

thread tidied

corrected upload in post 11

 

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... 

Link to post
Share on other sites

So how do I go about this, it's been a burden on me...

 

what gets me is that a car finance company repossessed the car and then Acf at same car at auction for a pittance..

when they could of sold it in their own dealership to another mug like me for the Same price...

 

I also discovered that someone has been playing around with the mileage !

Edited by dx100uk
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I have asked someone to pop in when they have time re my post 13 thoughts

but its the holiday period

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... 

Link to post
Share on other sites

DX already gave youa dvice. Go get reclaiming. Theyre cash cowing you hard.

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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if I were to be totally honest

that's why I asked someone in the know to pop in..

the Court order was from 2007

but if it now appears the Agreement was void as I point to p'haps the case above

 

i'm not sure if there is a route or not to over turning the whole thing and getting money etc back out of them..

 

not seen a case like this

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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first forget about where and why they sold the car

You owned a property, they took the route of least resistance

Similarly the mileage irrelevant to your current situation

 

The problem here is you believed or were advised that you had a defence to the claim eight years ago.

 

Whilst there is no time limit to set aside a judgment , the court would want to know

a) why you did not submit your defence at the time given you had the opportunity,

b) you have known about the judgment for eight years,

but have done nothing about it till now

Burying your head in the sand would not be an acceptable reason

 

I cannot on the face of the facts see a good enough reason to attempt to set aside the judgment

 

Your best route is to mitigate the amount owing by reclaiming the insurances

 

However let's see the rest of the paperwork you hold especially the default notice and the exact date of repossession

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Thanks OR

 

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

  • 2 weeks later...

However let's see the rest of the paperwork you hold especially the default notice and the exact date of repossession

 

and^^^^

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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