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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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Help - BCW - CCA returned what next


westnelly
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Hi all

 

This is my first post so I hope someone will be able to help.

 

I have had a couple of letters for BCW and Thames Credit for two debts from what seems like a lifetime ago.

 

I am pretty sure they are mine, however I thought I had settled years ago. However I want to be sure, plus find out whether if not, they are now stutute barred.

 

They are from early 2001, and there is nothing showing on my credit file for them, which also makes me think they are "out of date".

 

However I cca'd BCW and got a copy of the credit agreement I signed in 1998, however it does not state any repayment terms or interest rate applied to the account, but looks valid otherwise.

 

With this they also sent a letter statng that I had now to pay the debt ot be taken to court (sent second class so I recived it after the deadline they set!)

 

However I now want to check for sure whether they are a) valid amounts and BCW and Thames credit have the right to collect and B) whether they are statute barred; by Subject Access requesting the original creditor, but I cannot find a template for this (I have looked at the templates available on this site, but can only find the CCA request.)

 

I also need some advice on my next move with BCW - do I send them a letter telling them that I am S.A.R - (Subject Access Request)'ing the original creditor and that I am oficcially desputing the debt?

 

Anyone's help would be much appreciated as this is starting to stress me out a little

 

Regards

 

Westnelly

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can you scan the credit agreement at all and post it. delete your info and any reference numbers first.

is it an application form by any chance. as they are known to send out these as a try and get you on that one. but it has to have certain info was it signed by you and the creditor. im sure it has to have credit terms and intrest and some other stuff but you would need to search on that.

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Part of the CCA is supplying an agreement that is legible.

 

© the document is, when presented or sent to the debtor or hirer for signature, in

such a state that all its terms are readily legible.

 

Anyway I digress

 

As this is clearly an application form I doubt ot complies with CCA.

It MUST contain ALL the prescribed terms and be signed by the creditor and debtor.

 

S61(1)(a) CCA provides that, for a regulated agreement to be properly executed, it must contain all the prescribed terms of the agreement and conform to regulations under s60(1) – see Q1.14.

 

Reg 6(1) provides that the terms specified in Sch 6 to the Agreements Regulations are ‘prescribed terms’ for the purposes of s61(1)(a) and s127(3) – see Q8.2.

 

8.2 What if prescribed terms are missing or incorrect?

 

s127(3) provides that the court may not make an enforcement order unless a document containing all the prescribed terms of the agreement was signed by the debtor – see Q1.21.

 

If therefore any of the prescribed terms is missing, or incorrect, the agreement is not enforceable against the debtor, and the court is precluded from making an enforcement order.

 

 

8.3 What are the prescribed terms?

 

The prescribed terms specified in Sch 6 are as follows:

 

* amount of credit – see Q8.

 

* credit limit – see Q8.5

* repayments – see Q8.9.

* rate of interest – see Q8.6

 

Sch 6 was not amended by the 2004 Regulations.

 

 

Also check out Peter Bard's excellent thread on the subject: http://www.consumeractiongroup.co.uk/forum/general/103383-agreement-enforceability.html

Be VERY careful whose advice you listen too

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Good luck westnelly I am sure you will get the help you need here posting a scan I found a bit tricky at first but if you go to photobucket.com upload a .jpeg then click on the IGM code that they give you then paste that into your post you will be ok.

 

Dont forget to black out any personal details.

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Subscribing Westnelly. I'm waiting to hear from the Information Commissioner about BCW.. Hope you can get that letter scanned, or if not, just type up the text of it for us to see. You have powerful friends now. Over 155,000 of us! :) xx

We will not be intimidated.

'The pen is mightier than the sword'.

Petition to Outlaw Debt Sale and Purchase

- can't read/post much as eye strain's v.bad.

VIVA CAG!!! :)

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OK it IS an application form, BUT it does contain the prescribed terms.

Time to get a SAR into GE and reclaim the charges.

Send this to BCW to keep them informed.

Edit as needed:

 

ACCOUNT IN DISPUTE

 

Dear Sir/Madam,

 

Your ref:

 

 

Thank you for your letter of DATE, the contents of which are noted.

 

 

I am disputing the total value of these debts with BANK due to unlawful and unreasonable charges. As such Therefore I consider this account to be in dispute and no further action shall be taken until this matter is resolved.

As per OFT guidelines Section 2.8k "not ceasing collection activity whilst investigating a reasonably queried or disputed debt."

 

This process may take some time, due to the Office of Fair Trading's test case, but I will try to expedite this issue as a matter of urgency.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you would prefer to do this than merely respond with standard letters and leaflets.

 

I would appreciate your due diligence in this matter.

 

I look forward to hearing from you in writing.

 

Yours faithfully

Be VERY careful whose advice you listen too

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It is more or less identical to the one I got from GE - when I defended their court claim on the basis that it was an application form not an agreement (and a couple of other issues) they withdrew the claim:p However I still don't know if it was because the 'agreement' was borderline or whether it was the other issues I raised that made them back off.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Admittedly I had a similar one from GE.

I S.A.R - (Subject Access Request)'d them and the DCA dropped the case rapidly.

Things is GE have gone very quiet and that was 6 months ago.

 

I have found from some recent cases on boarder line CCA's that pursuing the OC for charges AND telling the DCA this has meant the account is sent back.

Be VERY careful whose advice you listen too

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Hi All

 

There is no reference to T&C on the application form and if they are not on the back they have not complied with the requestand the account is still in default

 

HAK

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