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    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • 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...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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No CCA - whats the likely outcome?


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hello,

I have been chasing CCA's from various companies. But I am wondering what the real outcome could be if they are unable to provide a valid CCA? I know that BLS (Lloyds) have a bad record for providing this data and so far they are unable to supply me with one. I have written to them, but I'm scared to stop the payments as I may via the CCCS.

Has anyone stopped payments? What happens? What is likely outcome if they are unable to provide a valid CCA? Is anyone with the CCCS and asked the CCCS to stop making payments to a particular creditor because of this? Don't know if the CCCS will play ball on this???

Any help would be appreciated, many thanks, Sunita

Cap One refunded £112

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If they cannot come up with a CCA then all it means is that the debt is legally UNENFORCEABLE....if they don't then please report them to TS, OFT, FOS....There are quite a number of people on here who have stopped paying after the time limits....it is up to you whether you continue to pay them...IF you do receive a CCA bear in mind it has to be properly executed and have the correct and prescribed terms on it....if they do send your CCA then cross off the personal data and post it on here for the experts to see if it is a properly executed agreement....

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  • 4 weeks later...

CCCS don't like anything that gives one creditor any advantage over another but once you agree a budget plan with them, they are far too controlling in my opinion. I cancelled my plan with them in November because their adminstration had become a shambles. In addition debts are sold on to agencies and you have no proof that these agencies have any right to ask you for money. CCS gives you short-term breathing space but in my view is no use as a long-term solution. I have sent to 7 creditors asking for CCAs and the first 2 will be in default tomorrow. I have chosen this as an alternative to being in debt for years to come.

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Hi there gonnagetthemback,

 

I am currently i dispute with Lloyds TSB Mastercard, although the morons don`t seem to have clicked onto that fact yet.

 

I CCA`s the imbeciles a couple of months or so ago and they are still trying to take money from my Lloyds current account, still adding charges and still adding interest and still demanding payment each month, even though I stopped payments as soon as the deadlines passed. They are now in Criminal Offence, not that anyone really cares about that, but after all this they have totally ignored my CCA request and not showed up with anything.

 

They even used the £1 CCA request fee to pay towards the Card debt. They must be some of stupidist people around, as I actually went into the bank with a letter addressed to Lloyds Collections, which had payment enclosed on the envelope which was signed for in branch and they STILL haven`t seem to have clicked.

 

If you have CCA`d them, and the deadlines have expired you are well within your rights to cancel any payments untill they show up with the required documents.

 

My Credit Card has charges and PPI added, so if they decide to show up with a legit CCA, I will depend on amount includes unlawfull charges and mis-sold PPI.

 

Let us know how you get on.

 

Regards

 

 

N.P

If I have helped or made you laugh in any way in your hour of need, then please click my scales <<<<<<<<<< ;)

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hi, I called BLS Collections the other day to inform that I was going to stop payments and the guy on the phone was really stroppy, saying I had spent the money and so had to pay it! I didn't give a damn that I had requested the CCA twice in Sept and Oct, actually he denied that they'd received any letters from me! They will get their Dec and Jan payments, but I really want to step up a gear with this lot. I really fear that CCCS won't play ball.

Any advise?

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Did you sent the CCA request and letter and £1 via recorded delivery? if not , send it all one last time, DO NOT SIGN THE LETTER and send it with a postal order, so that they cannot say that they have never received them. if oyu already have done this and have the proof then there is no onus on you to continue to pay them.

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Please report them to their local trading standards and the OFT....basically they have been collecting on a debt they are not legally able to enforce.....(thus the reason why they are getting stroppy as you now know your rights....!!!) After reading about the CCCS in the Daily Mail a few days ago....it seems they aren't really on your side...!!!

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GGTB -

 

I have had all this with Lloyds Mastercard

 

They have failed to supply the CCA, I stopped paying inOctober, had one letter from BLS and wrote to them stating they had no right to collect payments due to the CCA issue

 

Pt in the letter if they wanted payment they would have to start legal action as I had no intention of paying them or LLoyds a bean

 

Havent heard a thing since November, if I do it gets filed in the circular filing cabinet

 

CCCS are all very well, but its your money and LLoyds are NOT entitled to it if they cant provide the CCA

omnia praesumuntur legitime facta donec probetur in contrarium

 

 

Please note: I am not a member of the legal profession, all advice given is purely my opinion, if in doubt consult a professional

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Thanks for your replies. I am gonna take Lula's advise and re-send the letters recorded delivery tomorrow. I have stated that the last payment will be Jan (as already payed CCCS for 25 Jan payment). I wish this debt would go away, it's never ending!

Don't know what to do about CCCS, all the feedback on these forums say they need a letter from a solicitor supporting me, so trying to get this now without paying for it!!! Anyone got any advise on how to get a legal letter?

Thanks!

Cap One refunded £112

MBNA refunded £567

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CCCS may not be as independent as they state, there was a story here recently which has suddenly disappeared, wonder why?

 

http://www.thisismoney.co.uk/credit-and-loans/debt-news/article.html?in_article_id=428672&in_page_id=62&ct=5

 

This article mentions the above link but as i said, it's gone.

 

Is CCCS UK Giving Best Advice to Consumers or Acting as a Debt Collector?

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What do courts think of people who pay towards a debt they don't acknowledge?

 

Say for instance you CCA the creditor and they decide to apply the enclosed cheque/PO towards the debt.

 

Or, they fail to comply and you continue to pay the debt off, £1 a month.

 

Is this counted as accepting liability? Has or would a court take this as acknowledging the debt and ignore the lack of a proper credit agreement?

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I "Think" that the standard line is that whilst you may have acknowledged the debt, the court is unable to enforce it, so you pay or you dont pay

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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