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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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Goldfish/Cabot


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Allison,you have my deepest sympathy. Losing family is never easy and particularly when they are young. It can take a long time to get it together .

Any opinion I give is from personal experience .

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Hi folks.

So one school of thought is that Goldfish should have issued the DN before selling the debt and that Cabot can't. The other is that as long as Cabot have bought the debt then it is up to them to issue the DN if they so desire? At the moment I am awaiting both the SAR from Goldfish and the CCA from Cabot so I am not paying anyone. Without splitting hairs (Please) which is the correct way and where do I research the correct the right procedure?

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So one school of thought is that Goldfish should have issued the DN before selling the debt and that Cabot can't.

Yes that is how I see it.

 

The other is that as long as Cabot have bought the debt then it is up to them to issue the DN if they so desire?

I've never heard of this, I just cannot see in anyway this would ever be legal, for the account to be sold on, it must be defaulted first, and defaulted by the OC, otherwise any enforcement process that is attempted to be carried out can be defended, as you have never been given the opportunity to rectify the default in the first place. Whether it has been sold on or not, the OC has the responsibility to act responsibly with your account, they can't just decide to flog it on and let someone else do their dirty work.

 

I'm thinking that if they are doing this, then they are going to be in breach of COBS..

http://fshandbook.info/FS/html/handbook/COBS/2/1

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I can honestly see no reason why cabot as owner can not default you,unless you were defaulted by goldfish.

Once the 12+2 working days are up they are in default of your cca request and can not enforce until they provide one. Even if they provide one i would then be using cputr 2008 to ask if they have the original. Without the original they are in difficulties.

One step at a time.

 

You could try asking national debt line or one of the decent free legal sites out there.

Any opinion I give is from personal experience .

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DCA's don't issue defaults, they might claim that you have broken the agreement, but that's just it, an agreement, there is no written contract between a debtor and DCA, they simply cannot issue DN's.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Big difference of opinion. I would just say that the right to assign the debt at any time is usually in the terms and conditions. That'd how we got into this mess in the first place with banks selling piles of toxic debt.

I really am sorry BB but where does it say an account can not be sold.

Any opinion I give is from personal experience .

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Start a new thread fletch, I'll discuss it on their.

 

Right to assign yes, it's in the T&C's, the issuing of DN's is done by the OC and not the DCA.

 

Again this can be defended using COBS. 2.1

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Last comment on this. Cabot are a debt purchaser not a straightforward dca. I suspect it will be largely irrelevant anyway as i am hopeful no cca will be forthcoming.

Any opinion I give is from personal experience .

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unless YOU made a written agreement with cabot to pay

£XXPCM to them, then they cannot issue a DN.

 

end of.

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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Dx doesn't an absolute assignment include all the rights duties responsibilities etc etc. So if the arrangement was made with goldfish would it not carry on?

Any opinion I give is from personal experience .

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Hi dx.

I don't recall ever writing anything down with Cabot. I think it was all done over the phone but can't be certain. Is it worthwhile SARing them, considering the outstanding CCA request?

 

no judge would hold you to any agreement made on the phone

 

it was done under duress and threats

when they [obv because they hold no CCA] have no right to even demand the money.

 

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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in post 4 you say the debt is defaulted what is the default date on the debt summary please?

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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Cheers Fletch, was just about to post the info. I woke up in the middle of the night and thought that if they haven't got the CCA, how can they say I am breaking the agreement?

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SO to summarise.

 

Goldfish 'sold' the account in Apr 08..... Then you received a DN in Oct 08, off Cr@pbot..

Edited by Bazooka Boo
Typo!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Any chance you are able to scan and post the DN up on here?

 

Please ensure you remove ALL Identifiers, bar codes, ref numbers, QR boxes etc, just leave the content of their missive and the dates. If you remove the figures, can you say what they claim the arrears outstanding are, and how much they expect you to pay to rectify the account..

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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That seems to me to be a perfect complaint re: COBS/BCOBS..

 

Goldfish have acted very unfairly here, to simply send you a letter stating they were passing your account to Cr@pbot doesn't seem right to me?

 

Did they not send you anything else prior to this NOA?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi people,

I am not the worlds greatest record keeper so I am waiting for SAR from Goldfish. Was in the middle of really depressing time for both me and OH, due to events beyond our control, so I couldn't say with any honesty that Goldfish didn't send any stuff.

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