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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?    
    • 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...
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Limitation act 1980 & bankruptcy petition


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Just to clarify, Blackhorse Finance are the original creditors, they sold it to Lowell Portfolio 1 Ltd whom are using BW Legal to handle the petition. So the request is sent to Lowell?

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Or send copies to both. My previous experience of Lowell is that they don't appear to deal with correspondence, so BW Legal may be none the wiser, just continuing on.

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Or send copies to both. My previous experience of Lowell is that they don't appear to deal with correspondence, so BW Legal may be none the wiser, just continuing on.

 

My understanding is that they cannot enforce whilst they are in default of supplying a copy of the original contract, so writing to Lowell's seems the best option. If they fail to produce then BW Legal can't enforce.

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  • 1 month later...

Ok an update. Was in court and their rep came to see me before we went in, referred to my communication back in October that the debt was Statute Barred and wanted to request a 56 day adjournment so they could access the information from the original creditor.

 

The judge certainly paid attention to the fact that no information had been provided in almost two months, and confirmed that a statute defence was worthy, and that I shouldn't be subjected to this sort of action, however because I hadn't replied to the original Statutory Demand, he was minded to allow the petitioner time to get the records from the original creditor. He was not minded to give them 56 days however and it's set for the first available date in the new year (mind that might well be 56 days anyway by the time it comes up). He also told them to 'get their act together' and either produce the documents for the next date or withdraw the application.

 

With hindsight I perhaps should have argued that the petition should be dismissed regardless, since even if it turns out it's not statute barred, the debt was substantially disputed going back to 2002 on a number of grounds and this would require a trial (county court claim) to resolve. My understanding is insolvency procedures are for people who can't or won't pay. My refusal to pay originally stemmed from the original dispute and until a court orders in their favour i'm standing my ground. But the judge was summing up at that point and hindsight is a wonderful thing.

 

I have today however received a letter from Hampton's regarding my CCA request to Lowells's using the template request on this forum. This is dated the same date as the court hearing I just attended and reads:

 

We acknowledge receipt of your recent correspondence (9th November - not very recent) the contents of which have been duly noted.

 

We can confirm that we have contacted the original lender for copies of the agreement and statements for your account.

 

Please note there is no legal obligation that states we must send this information within a certain period and we advise that as we do not hold copies of these documents within our offices we cannot state a time period in which these will be received.

 

Your account is currently held with BW Legal. Please be assured we have contacted them to hold any further action on your account until the requested documents have been provided.

 

We trust this is satisfactory.

 

Any advice in the meantime or simply await the next date and see what they produce?

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Pretty rubbish trying to make people bankrupt when they don't have the paperwork. Do make the OFT licence review team know that they are taking forward bankruptcy proceedings without being in possession of relevant documents.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Can I urge you to report this to the OFT too....they are collating information on anything associated with Lowells....it is REALLY important you do report this...

 

How do I report that?

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'you can report businesses that are not complying with consumer and competition legislation...', by tel, email, or by post to their 'enquiries and reporting centre'. see their 'contact us' page. nb. they 'cannot help you with individual disputes and you will not get an individual investigation of your complaint.'

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Your account is currently held with BW Legal. Please be assured we have contacted them to hold any further action on your account until the requested documents have been provided.

 

We trust this is satisfactory.

 

Any suggestion what this might mean? Petition hearing was adjourned until the first date after 4th January but this letter is dated the same date as the hearing...

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Think this relates to your CCA req to Lowell.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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Think this relates to your CCA req to Lowell.

 

Yes it does I believe, however they have said '...to hold any further action on your account until the requested documents have been provided' - now 'action' is in my mind ongoing since I have a bankruptcy petition against me for which the next hearing is January, so should they withdraw the petition in order to hold further action?

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You should continue (report the latest letter from Hamptons to the OFT as it could mislead the uninformed that court action WILL cease) and claim your costs in court.

 

Can you rephrase that please - not sure what you mean. I have reported the letter to the OFT but should I advise the court of the letter or simply await the next hearing when they may then produce something...

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Consumer Credit Act 1974 (the Act)

Complaint Against: Lowell Portfolia I Ltd

Licence No: 544015

 

Thank you for your email received on 11 December 2012.

 

I can confirm that the business you mention holds a consumer credit licence. Under the

Consumer Credit Act, holders of consumer credit licences must be fit and competent

to do so and the Office of Fair Trading (OFT) has a duty to monitor the fitness and

conduct of all traders who hold such a licence.

 

The OFT has issued guidance to consumer credit licence holders engaged in the debt

collection industry. The guidance is intended to ensure that debt collectors treat

individuals fairly. Non-compliance with this guidance will call into question the fitness

of licence holders and applicants. You can view our guidance at:

http://www.oft.gov.uk/advice_and_resources/resource_base/legal/cca/debt-collection

 

We have therefore recorded the details of your complaint, and we will consider this

alongside any other complaints we have received with a view to any consumer credit

licensing or other action we may decide to take. If we do take any action against this

trader we may need to contact you again in the future. Unfortunately, we cannot

disclose any details about any action we may take, due to legal restrictions on the OFT

relating to disclosure of information.

 

While we are very sorry to hear about the difficulties you have been experiencing, the

OFT has no authority to become involved in individual disputes between consumers

and traders so we cannot advise you directly in this matter.

 

The Financial Ombudsman Service can help with most complaints about consumer

credit products and services if the consumer has failed to satisfactorily resolve the

matter directly with the consumer credit licensee itself. The Financial Ombudsman

Service can be contacted at:

 

The Financial Ombudsman Service

South Quay Plaza

183 Marsh Wall

London

E14 9SR

 

Telephone: 0800 0234 567

 

The OFT has published a consumer guide about debt collection which you may find

helpful. The guide can be viewed on the OFT’s website:

http://www.oft.gov.uk/shared_oft/consumer_leaflets/credit/oft1299.pdf

 

Thank you again for writing to us and bringing this matter to our attention.

 

Yours sincerely

 

 

 

 

 

Danny O’ Sullivan

Enquiries and Reporting Centre

Office of Fair Trading

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