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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.              
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can anyone please advise me


sweetkitty
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Hi.

I'm a newbie on here and I have tried to look through the threads but I think I have only succeeded in confusing myself more.

 

I have recently been receiving letters from Arrow Global,

Arrow Monument,

Cabot Financial,

Lowell Portfolio,

Hamptons Legal and

Fire.

 

Some of the letters just say I owe a debt but no details,

others give an amount but no date and there is one that gives the date of 2003.

It looks like Fire and Cabot are related as are Lowell and Hamptons.

 

Now to my knowledge I don't owe any money and

 

I checked my credit file and none of these are on there although there are 2 others on there which I again know nothing about.

All of them are in a previous married name which I havent used for almost 7 years.

 

I really don't know where to start as I have never had this before and Hamptons say they can apply for a charging order on my property which I find very disturbing.

 

Any advice would be very gratefully received.

 

Thanks.

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Hi Welcome to CAG

 

The lettes that give no details of exactly what a company is chasing an be ignored until they disclose the details.

With the others check your credt reference files Equifax and Experian (credit expert) have 30 day free trials Noddle (Call Credit) is free.

Lowell, Red hamtons are all the same company, Cabot and Fire the same.

 

Arrow Global is a debt purchase Company that has aquired a portfolio of Monument accounts many very old.

 

The best way is to separate all the debts in to individula files tackle 1 debt at a time.

 

You need to look at the debts that may be the oldest which could be statute barred, those that are not on file could well be stat barred already.

 

Statute Barred = 6 clear years with no payment or written acknowledgment of the debt.

 

So it seems the Lowell Hamptons debt is priority as they threatena charging order, can you please give us more detail on that debt:

Who is the original creditor?

What type of account is it?

Is it still on CRA files?

What is the default date?

When did you last make a payment.?

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Hi. Thanks for the welcome and for replying.

I'll try and put pen to paper as clearly as possible cos I know its a lot.

 

The Hampton letter relates to a debt from Lowell for £1120.61 and the original company was capital one.

It doesn't say what type of account it was and its not on the CRA files.

My ex husband had a capital one credit card but I've not had an account with them so I don't know the payment history as I have no knowledge of having this ,

or indeed most of the other, debts.

 

The other Lowell debt is for £1764.13 with the original company called SAV credit ltd.

I haven't even heard of this company before.

They are offering a 20% discount on this amount.

 

The Arrow- monument one is for 3467.38 and doesn't say who the original company was or what type of account it is.

none of the above are on my credit file.

 

the 3 that are as follows are

Fire/ cabot 438.00 mail order, default date 14/06/07 but no last payment date, updated 18/10/12

 

arrow global 1125.00 mail order default date 5/12/06 no last payment date, updated 12/07/11

 

I honestly have no knowledge of any of the above.

 

The only one I remember is

Cabot - original company Citi classic card £915.34, default date 25/07/07, no last payment date, last updated 22/10/08.

 

However I left my ex in 2005 and haven't had any credit of any type or made a payment to any company since July 2006.

 

Any advice would be very welcome as I don't have a clue.

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The ''Arrow Monument'' debt is Arrow Global chasing a Monument Credit Car Debt I think.

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  • 2 weeks later...

Thank you

 

although still none the wiser as I have only ever had 1 credit card and that was citicard.

I dont know what to do first.

 

Do I write and ask for the original paperwork or, as I have no knowledge of these debts so therefore have made no payments in at least 6 years, should I just ignore them.

 

I haven't even used that surname for at least 61/2 years as my ex was prosecuted for something and I no longer wanted to be associated with him or his name.

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Send a CCA request to the Compliance Manager at Arrow Global with £1 fee use the template from the CAG Library.

Or Try this it can do noo harm

To the Compliance Manager

Arrow Global

 

Ref:as on their correspondence.

 

Dear Sir,

 

I write inreference to a debt for £xxxxxxxxx which you allege is owed by me, please note I do not acknowledge any debt to you or any company you may claim to represent.

 

I have no knowledge of any such debt or the original creditor, but I can confirm that any such alleged debt is statute barred and I will not therefore make any payment or offer of payment now or in the future.

 

I am fully aware of the limitations Act 1980 and the OFT Guidance on Debt Collection 2003 updated OCT 2011 and NOV 2012 and the sections regarding statute barred debt.

 

I must remind you that it is for your company to prove the alleged debt is not statute barred, and not for me to prove it is so barred.

 

Should you contest this claim unequivical proof for your reasoning.

 

send RD

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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I'm sorry, just one more question.

 

These letters are coming in a my old married name.

 

I reverted to my maiden name immediately I found out about my exes criminal activities.

 

I have now remarried as well so my question is, which name do I reply in?

 

Many thanks for your help.

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  • 3 weeks later...

Hi again.

Thankyou for your advice.

 

I have written to RED and Hamptons.

 

Red must have passed it back to Lowells who have acknowledged that the debt is statute barred

but Hamptons, who were also acting for Lowells have not acknowledged anything at all.

 

Interestingly, the same person signed for both letters despite being sent to different addresses.

 

I am sure that I have seen a time limit on here and the next course of action but I'll be blowed if I can find it now.

 

Could someone point me in the right direction please.

 

Many thanks.

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Hi They are ALL the same company just a different desk jockey on the other side of the office, statute barred end of story nothing more to do but keep that letter safe.

It's the response I expected when I drafted the letter for you.

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Ok so today I have received another letter from Lowells regarding another debt. I sent the following to them

 

Dear Sir/Madam

 

You have contacted me regarding the account with the above reference number, which you claim is owed by myself.

 

I would point out that I have no knowledge of any such debt being owed to Lowell.

 

 

I am familiar with the CPUTR 2008 and the Office of Fair Trading Guidance on debt collection, which states that it unfair to send demands for payment to an individual when it is uncertain that they are the debtor in question.

 

I would also point out that the OFT say under the Guidance that it is unfair to pursue third parties for payment when they are not liable. AND in not ceasing collection activity whilst investigating a reasonably queried or disputed debt you are using deceptive/and or unfair methods.

 

Furthermore ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment amounts to physical/psychological harassment.

 

I would ask that no further contact be made concerning the above account unless you can provide evidence as to my liability for the debt in question and that any information placed on my credit file relating to this debt is removed immediately.

 

I await your written confirmation that this matter is now closed. Otherwise I will have no option but to make a complaint to Trading Standards and also inform the Office Of Fair Trading of your actions.

 

I look forward to your reply.

 

Yours faithfully

 

 

They have replied with

Thankyou for your recent communication , the details of which have been duly noted.

Please note that after conducting an internal trace procedure, using various credit reference agencies, we believe that you are our debtor. If you believe this information to be incorrect then we would advise you to contact the credit reference agencies.

The debt relates to a Capital One Card opened on 03/11/2003.

We can confirm that we have requested copies of your statements from the original creditor, this documentation will then be forwarded to you in due course.

 

 

My question is What do I need to do now?

I havent even had a credit card for 7 years and I can'[t see anywhere in the reply that they have requested the original credit agreement.

Sorry to be the proverbial pain in the backside but I really want to sort this out once and for all. Many many thanks in advance. Lisa x

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So no payment or written acknowledgment in at least 6 clear year = statute barred so send the following Andrew Bartle Head Of Collections by recorded delivery.

 

Ref: as on their letter.

 

Dear Mr Bartle,

 

I refer to your letter dated xx xx xxxx regarding an alleged debt originally owed to Capital One, take note I do not acknowledge any debt to Lowell, to save time and

to avoid misunderstanding I am aware that any such alleged debt is statute barred and I will not now or in the future make any payment or offer of payment.

 

I am aware of the OFT Guidance on Debt Collection2003/2012 and the section regarding the pursuit of statute barred debt.

 

Should Lowell wish to dispute the status of the alleged debt you are reminded that the onus of proof lies entirely with Lowell to provide unequivocal proof thar the debt is not statute barred, it is not for me to prove the status of the debt.

 

You will now cease to process all data relating to me and remove it from your records.

 

Final Response.

 

Get that off asap.

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

Please Consider making a donation to keep this site running!

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  • 4 weeks later...

I have begun to sort out all the debts with help from then lovely people on this forum.

 

From what I can gather they are all statute barred and

 

so far Lowells have written back to confirm this regarding their info they had, but still waiting for Cabot and now also Scotcall.

 

The Cabot debt is on my CRF but Scotcall isn't.

 

They say they are acting for Arrow Global Guernsey Ltd.

 

I have sent them Brigadiers letter of "this debt is statute barred, etc"

but wondered how long I should now wait and what should I do next if I don't hear from them.

 

Thank you millions for any advice.:|

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threads merged for now

prob better you stick to one thread

until you get a def 'lead' that a debt does exist

 

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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Is there any one on here that has also had experience regarding automated phone calls.

 

Our land line number is ex directory and also in my husbands name and yet a DCA has somehow got the number

and is now sending automated calls at various intervals asking for me in my previous married surname, not used for nearly 7 years.

 

Has anybody else had this experience and how can I stop the calls.

 

Really do appreciate the help given so thanks in advance.

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Is there any one on here that has also had experience regarding automated phone calls.

 

Our land line number is ex directory and also in my husbands name and yet a DCA has somehow got the number

and is now sending automated calls at various intervals asking for me in my previous married surname, not used for nearly 7 years.

 

Has anybody else had this experience and how can I stop the calls.

 

Really do appreciate the help given so thanks in advance.

 

So this is obviously an old debt. They have obviously searched your records and managed to find it perhaps on your husbands linked record. If he has added the number to any financial application, I suspect that it is available to anyone who can access credit records.

 

Once you find out who it is, you can make a complaint to the company concerned and then the ICO.

We could do with some help from you.

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

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its std practice for these fleecers to use any methods

to try and spoof people into paying.

 

sadly people dont keep their data secure sometimes

 

if one of them has got the number

be sure it came from a credit reference file

you've given it out somewhere.

 

it appears to you might be better placed to ignore them now.

 

the calls will soon go away

 

justremember DO NOT speak on the phone to a dca EVER!!

 

they are NO BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

i would suspect its related to the yet to fall off debts on your CRA

 

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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Sweetkitty, send the following letter to the Compliance Manager at the DCA making these calls.

 

Ref: Formal Complaint Harassment by Automated Telephone Calling

 

Sir,

 

You urgent attention is required to this matter, a very large number of automated calls are are being made to telephone number xxxxx xxxxxx rquiring me to contact your company you should be aware that this is not my telephone and is registered to another person.

 

The number of these calls has now reached a serious level of nuisance amounting a criminal level of harassment to both myself and the owner of the landline, you WILL therefore cease all telphone contact,and remove this number from your records immediately.

 

I am sending a report of your companys conduct to the OFT with a comment on its fitness to hold a consumer credit licence, also I am reporting to telecommunications regulator.

 

Please take note I will only deal with your company in writting and I do not acknowledge any libility for any debt you may claim to be authorised to collect.

 

send recorded delivery.

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

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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To add to brigs good advice, make sure you are filing those complaints as well. Dont simply threaten and not follow through if the DCA's dont comply.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 2 weeks later...

Hi again. Well, just as I think I've got everything sorted Cabot have contacted me again. I received a letter from them on the 16th Jan to say the debt was statute barred and that the account has been withdrawn from the regular collections process and then today I have received another letter from them regarding the same account to say that as I have not come to a mutual agreement to pay they are passing the account onto Quantum Debt Recovery!! Is this legal and what should I do???

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ignore the computer generate rubbish##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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Agree woth dx. Its just letters that are crossed. Ignore it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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