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    • 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?    
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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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Credit Files and DCA's


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simple answer

yes they can

when you took out a credit agreement, you gave your permission.

when a dca takes over the account, those rights are passed over to.

 

if you do not know of the account (dca trying to match an account holder)

totally different ball game

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I wanted to know if DCA's are able to access your employment details from your PAYE/Inland Revenue Records via HMRC, and would HMRC release your private information to them. Thanks

 

If they do, they're doing it illegally. HMRC would NOT release this kind of information to a mere DCA.

I am a lawyer, but I am an academic lawyer. I do not practice as a barrister or solicitor. You should consult a practising Solicitor BEFORE taking any Court or other action

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If I remember rightly there was a court case a year or two ago where a guy was found guilty of deception or something like that, anyway he would call certain Inland Revenue offices posing as a worker from another department and would obtain details of certain people who DCA's were looking for. I think they called it "blagging", he was charging £25 per address and I am sure a certain DCA was named as one of his customers.

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  • 2 years later...

At no time! as far as I'm concerned. My solution was simple, no conversation, no security, just two words, feck off! They soon got the message, have not had a call for several months.

 

I did see on another thread that there are guidlines. However, none of these vermin will obey any rules so best to deal with it in a way that suits you.

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ignore them totally

 

the wording is 'resonable'

 

but that can be 8 am 9pm

 

what is the actual issue please

 

tell us what is going on

 

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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  • 1 year later...

I moved house a few times during the last 4 years. I am not on the electoral roll.

 

A couple of weeks ago I decided to check my credit file with Experian/Credit Expert which shows my file to be completely clear, although the credit rating is not great due to not being on the electoral roll.

 

Today I receive two letters from Red relating to debts which have not been acknowledged or paid since 2004, this makes them Statute Barred. At the bottom of these letters it says 'check your credit file with Credit Expert'

 

My question is, as I am not on the electoral roll, has Red or any other DCA been onto my recent Credit File search as how have they traced me to my knew address? It seems strange that within 2 weeks of checking my credit report these letters come from out the blue. Also I thought my credit file was private.

 

Any suggestions please.

 

JB

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Personal checks on CRA files are not seen by anyone but you,and

as there are no entries on your files there can be no connection at all.

There are many easier a cheaper ways to trace an individual than CRA

files.

Red debt collection are part of the Lowell Group, which at the moment

seem to be chasing a mass of old debts near to or already statute barred.

I would send them the following:_

 

The Compliance Manager

Red Debt Collection

 

Dear Sir Or Madam.

 

With reference to your letter dated xxxxx regarding debts you allege are

owed by me, take note I do not acknowledge any debt to you or any company

you may claim to represent.

Furthermore I have by personal research and advice received concluded that

any such alleged debts are Statute Barred therefore I will not be making any

payment or offer of payment now or in the future.

 

You will therefore cease to process any data relating to me and remove it

from all your records how so ever held.

I am sure I do not have to remind you of the OFT Guidance On Debt Collection

2003/2011 and the pursute of Statute Barred debt an in particular the section

regarding the sale of statute barred debt without informaing the purchaser of the

status of the debt.

Send it recorded delivery.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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Thank you BRIGADIER2JCS for your help and the letter, will get it off on Monday.

 

It just seemed strange that after all this time their letters had an advertisement for Experian/Credit Expert, and that was the company I used to search my credit report.

 

Also had a letter from Virgin yesterday offering me their cable services which again bore my name, I cannot believe how these people are accessing my details and thats why I thought they could see my personal information via Experian.

 

JB

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You will find now that all prospective lenders and finance companies

of ant type are stating that the customer should check their credit files

especially if they have been declined.

Certainly no one other than you can see it or see that you have accessed

the files.

If you have recently moved home, the utilites companies, phone companies,

letting and estate agents are all selling data much cheaper than CRAs can.

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I think that there is a connection between people checking credit records and then receiving letters from DCA's out of the blue. It is possible that the credit reference agencies send out alert warnings that the credit record has been checked. The DCA's are then able to check these with their records and send chaser letters to the new address.

 

I don't know this for sure, but it is one heck of a coincidence that people get 'out of the blue' debt chasers shortly after checking credit records.

We could do with some help from you.

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Haveing used the CRAs personally and professionally for

more years than I care to remember I have no knowldege

of any such occurrence it is very hard to inmagine any such

event given the number of individual records held by the CRAs

that this is even practical on a small basis.

This ''myth'' has been flying around for years and in all the instances

or a so called connection have proved to groundless.

The scenario usually come about when an individual or family

move house or change utility companies, get a new phone, use

comparison site of some sort, the list is endless of the ways one

can be traced, the OP had nothing on his files so who is the wicked

CRA going to alert?????????????????:madgrin:

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Send your letter via Special or Recorded delivery so they cant claim not to have received it :)

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Thank you to everyone for replying.

 

Just one question, I am more than happy to send the letter by Special Delivery (it will be 2 letters relating to 2 debts being chased by Red), but would it be better to ignore them? Your opinions would be appreciated, and thanks for the help.

 

JB

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I would just send by recorded in one envelope which costs about £1. Special delivery is about £9 which is a bit of a waste, just to check whether a letter has been delivered.

 

It is your choice. Send the letters or ignore. If you send the letter, Lowells should stop contacting you if the accounts are statute barred. If you ignore, they will still try contacting you. It is not unknown for DCA's to make mistakes in trying to get CCJ's by default on statute barred debt.

We could do with some help from you.

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Onnce stat barred always stat barred, also you

can only ever be defaulted once for any debt.

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Thank you twofoot and Brigadier. I feel much better now. I will send the letter tomorrow, but will not sign it by hand but on the computer, hope they dont kick up a fuss about it.

 

JB

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