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    • This is the other sign  parking sign 1a.pdf
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    • 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.              
    • 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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Arrow/Shoos want Payment plan review for old Virgin MBNA card debt **WON**


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Hi everyone,

 

I'm new to this forum and would be grateful for any advice.

 

My mother took out a Virgin credit card back in 2010, she suffered a number serious health issues, lost her job and could not afford the monthly repayment.

 

She continued to make reduced payments, until she was no longer able to afford these either. I carried on paying token amounts on her behalf over the last 5-6 years.

 

The debt was passed on to a number of DCAs but I continued to pay Virgin directly. Recently a letter was sent to my mother titled "change of Agency" from Arrow and one from Shoosmiths requiring a I&E form to be completed for "payment plan review".

 

My mothers health never recovered, to the point where I manage her finances, the only income she receives is ESA/PIP and I top up to pay the bills and rent.

 

If I fill out the form, her basic expenses significantly outweigh her income, so I'm very unsure how to approach this and would be grateful for any advice.

 

Thank you.

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send them a CCA request

who says she even OWEs this money.??

 

don't forget a DCA is NOT A BAILIFF

and has

ZERO legal powers

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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this was a virgin MBNA credit card debt?

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 send arrows a cca request

put them to strict proof they hold the legal paperwork to enforce the debt

 

and any other debts you/her are blindly paying to DCA'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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retitlted and moved to the MBNA forum.

 

the debt has now been sold to a debt buyer DCA [arrows]

 

shoos are their pet solicitor.

 

just to check things 100%

the letter was not entitled letter of claim

was 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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Share on other sites

Thank you.

 

No, the letter is titled “Payment Plan Review - Financial Assessment”

 

It also says that “ it is important that we hear from you within the next 7 days. In the absence of a response our client reserves the right to commence legal action.”

 

“The following payment options are available to you

 

1. Repayment of balance by an affordable payment plan

2. Consideration will be given to a discounted settlement figure”

 

Do solicitors have to deal with vulnerable individuals any differently?

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in a way yes they do..

...but they don't care ..just want free money ..

 

but lets make them get their ducks inline first eh?

 

CCA request time!!

 

wont hurt to also send MBNA an SAR to get everything they hold too.

could be stuff to reclaim like PPI and penalty charges.

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

Send the CCA request off and they have to fulfil it to get anything from you. Their timelines are irrelevant. They wont have any paperwork on your debt. No DCA does until you request it. Of course, the DCA's know this and know 90% of people dont, so they get free money for sending out a few automatically generated threat letters that no actual person in the DCA office has seen.

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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  • 3 months later...

Thanks for all your help everyone.

 

I finally received a letter back from Arrow Global.

 

It says “We are unable to revert to the original creditor to obtain the documents that you requested”

“We acknowledge that, until we are able to provide copies of the documents to you, your account is unenforceable. This does not mean that the account has ceased to exist, if we are provided with the relevant documentation at a future date, we will send copies to you. At that point the account will again become enforceable and we will then require your proposals for repayment. “

 

The debt is old and has fallen off the credit record already but what do I do now? Stop the payments? Propose a settlement?

 

I'd appreciate the forums guidance :-)

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Just ignore it now. You should have stopped payments 2 weeks after you sent the CCA.

 

At that point the account will again become enforceable

 

Umm no it wont, if other statutory reasons come into play :) But its just a threat to scare you into paying to make them go away for good.

 

You certainly wont be offering any settlement payment. They do NOT have the legal right to collect any debt on the account because they do not have the paperwork needed. They even clearly state the account is unenforceable. Breath a sigh of relief and forget about it now.

 

Its over. Done with. You won. They lost. Congratulations.

  • Confused 1

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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should have stopped payment the days the 12+2 workings days time limit passed

 

never mind

another DCA cash cow removed from their milking parlour

 

glad cag could help

 

think about a donation because of all the potential money we've now saved you

keep us here to help others like you.

 

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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