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    • 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.              
    • 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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Nolans/Cabot SPC Claim - HITACHI NOVA loan


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Hi guys looking for some help with this that came a couple weeks ago before i went on holiday.

 

Name the issuing court: Edinburgh sheriff court

 

Who Is The Claimant: Cabot financial uk limited

 

Who Are the Solicitors: Nolans

 

What type of action? Simple

 

What is the claim for –

 

On 19/03/2014 the Respondent entered a Retail Credit Agreement with HITACHI NOVA under which the Respondent borrowed from them a sum of money repayable on demand. The said agreement was an agreement regulated under the Consumer Credit Act 1974..

 

The Respondent failed to pay as agreed on demand and is in breach of contract with the said HITACHI NOVA.

the said supplier assigned all rights in the said debt to CABOT FINANCIAL UK LIMITED on 28/01/2016 and the Claimants have advised the Respondent of same.

 

The said sum of £988.32 is the sum sued for.

 

The claimants have made frequent requests to the Respondent to make payment of the said sum but the Respondent has refused or delayed to do so.

 

Last Date Of Service:-19/09/2018

 

Last Date For Response:- 10/10/2018

 

What Documents are listed in Box E2:[or in your form requesting the same?]

 

 

1. No Defence - No evidence required.

 

2. No stateable Defence (Rule 4.4 breach) - No evidence required

 

3. Defence on Prescription - Copy statement of account only. (Agreement must be admited to plead prescription. So agreement not required.)

 

4. Denial of Agreement - Copy Agreement dated 19/03/2014

 

N.B. Generic Rule 8 Orders should never be issued.

 

The facts of each individual case must be considered.

 

It should never be appropriate to have to plead evidence such as assignations or default notices until/unless specific Defences are led.

 

The salient feature of assignation is that it does not require the consent of the defender and the averments in this form are sufficient to confirm intimation. Default notices should never be pled due to Omnia Praesumunter Rite.

 

Acta Esse (Trustees of the Scottish Solicitors Staff Pension Fund v Pattison & Sim, CISH 96 and Trayners Latin Maxims, p419, 420)

 

 

HP Agreement

 

BOX D5 what has the claimant stated:

 

from your knowledge: answer the following:

 

When did you enter into the original agreement before or after 2007?. After

 

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt purchaser

Were you aware the account had been assigned – did you receive a Notice of Assignment? Yes

 

Did you receive a Default Notice from the original creditor? Yes

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

When was you last payment:- Unsure but for sure sometime in 2015

 

Why did you cease payments:- Major gambling problem

 

Was there a dispute with the original creditor that remains unresolved? No

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan Yes

 

Any help would be appreciated, this is a great site doing good work

 

Thanks

Craig

Edited by dx100uk
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oh look nolans trying to be clever again...….

 

so one of the current running SPC attempts here was to use the wrong the wrong form 3a [for divorce - trying to state default/agreement/assignment was not needed..they've just about lost that case its on its 2nd CMD now]

 

now they try some stupid pensions fund ruling that ofcourse does not over ride the consumer credit act regulations:!:...never mind nolans...is CAG getting the better of you recently....:-D

 

well as you've done some reading and found the info threads craig well done on that.

 

nothing much to do till nearer the 10th but no harm is preparing

if you look where the give us the info sticky was

theres one there upon how to respond to an SPC claim

read that and this applies to that too..so easy peasy for now.

 

fluff us out a bit on this debt please...

 

a loan I take it?

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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and Is the claim for a Overdraft, credit card, loan account, HP Agreement, Catalogue or mobile phone debt

 

anything in D5 box please if there is one??

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

I’ve read a few of the threads and seen they don’t seem to do things how they're meant to be done, cheeky buggers..

 

It was hp for a certain item

my debt spiralled as my gambling problem got out of control and was hardly able to make ends meet until i sorted myself out over the last year or so.

 

Do i send a cca request to cabot?

 

Cheers

 

Hope this works

C8715C93-A89D-4E9F-8596-EC8566F8E13C.jpeg

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A CCA Request section 7? was sent recorded delivery on [date].

To date the claimant has failed to comply & is in default of said request.

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

hey woa slow down

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?476735-What-To-Do-Simple-Prodedure-Rule-Claims-Scotland

 

id not be sending the CCA off till you send the response form and not yet either

no rush..dont bay to their demands...

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

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 got the cca sent away today but I've been struggling with getting all the words copied in to box D1 for the court form I've tried adobe, is there any programs i could use as that doesn't seem to work at all

 

cheers

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never had anyone had an issue

use a text based program like notepad

fill in the blanks of the post 3

copy and paste it into the PDF box D1 attached to post 3 there

then fill the rest of the form out

 

if not copy it to a sep sheet of paper putting your case number, name of court and your name across the top and staple that to the response form

 

response to D1

 

XXXXX

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

hows this going?

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

  • 1 month later...

Ive had a letter about it going to court on the 10th of January,

i received a letter from cabot saying they hadn’t yet found the cca, although they referred to a completely diffirent debt i had supposedly had with aqua and not the said supposed hitachi nova debt.

 

What do i do next ?

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Did you send back the response form following our guide? By 10/10

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

ok what have you got thru a case management discussion notification?

 

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

Sounds about right for them

When you actually get any paperwork from them pop it uo

Till then watchout for threats by letter and email

Ignore them totally

 

Nothing to do bar read all the spc claimform threads here

Till new year.

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

but no signed agreement I bet...

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

Oh yes

Go read about nolan tactics

 

Use the search cag box of the top red toolbar

 

Nolan

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

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