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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...
    • 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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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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ataxidriver v lowell/hbos


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Hi all i SAR'd lowell re a hbos account thinking it was for a bank account, turns out to be for credit card if i remember limit was £1500 but they say i owe approx £1750 so charges been added maybe? any way recieved some stuff from them mainly copies of letters sent was expecting a copy of full account statement, but all i got was a print out of what the total i owe, with no breakdown of charges etc, which is what i wanted, just whant to know if they should have sent a copy of statements.

Also should they have sent a copy of the agreement, or would i have to cca them to get that?

 

thanks ataxidriver

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It depends on what you asked for in your SAR - most standard requests simply request details of the transactions on your account. It's worrth checking what you ask for as you can include things like the CCA document, copies of all letters, a printout of the transcripts of all telephone conversations and so on - but you have to specify that, or they'll just send the bare minimum.

 

Check back on the letter you sent and if they have not complied then you can write back and tell them so. But, if you didn't specify what you wanted them to send, they could give you anything...

 

Even if you ask, they do not have to give copies of all statements - a breakdown of transactions and charges is good enough, for them and you.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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hi thanks for the reply, i got the template off another site but it does state in the first paragraph that i wanted a complete list of transactions and charges for the last 6 years, but never recieved them, also it requests a copy of contract i have with them.

also in the cover letter i recieved it says it includes details recieved from HBOS but that only has a 1 line print out of what acc balance is.

 

thanks ataxidriver64

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...i wanted a complete list of transactions and charges for the last 6 years, but never recieved them...

In which case, they have failed to comply with your request.

...also it requests a copy of contract i have with them.

Then I realised what you had done wrong - you always send the SAR to the original creditor, NOT the DCA.

A CCA request goes to the DCA, to get them to prove that they have any valid reason to be bothering you at all.

Try again, this time send the SAR to HBOS, and ensurte you ask them for details of ALL records they have of any account and any transaction and/or correspondence.

Lowell have just made an extra tenner from you that you need not have spent really - sorry, I hadn't spotted that first time round. I just saw HBOS and assumed, wrongly.

Be good to those who give you advice that helps - click the star to give them your thanks by way of a reputation credit.

 

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Great just checked my CRA file and the **** lowell have now stuck a flipping default on there, this account wasnt on there to start with, but since i sent the SAR i suppose its confirmed my adress, is there any thing i can do? would this account be in default since i havnt recieved

an agreement yet,

 

cheers ataxidriver64

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Great just checked my CRA file and the **** lowell have now stuck a flipping default on there, this account wasnt on there to start with, but since i sent the SAR i suppose its confirmed my adress, is there any thing i can do? would this account be in default since i havnt recieved

an agreement yet,

 

cheers ataxidriver64

 

I actually feel better had another look and default is from may 2007, which is the same as the other defaults on my file.

 

ataxidriver

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  • 1 month later...

Hi all i sent a cca request to lowell re hbos credit card on the 29th of april, i have recieved 2 letters, the first on the 7th may saying they have requested a copy from hbos, 2nd dated 18th may saying they have requested hbos to retrieve from archives.

This 12 + 2 days is it working days only or does it incude weekends also if its working days did the 12 +2 expire yesterday? if so whats the next cause of action?

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