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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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Cabot - No CCA for old cap1 card - but they say i must pay anyway?


debpayne
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Hello,

 

I am about to send my dpa off to capital one but I closed the account about a year and a half ago and no longer have my account number...Will this still be ok as long as they have my name and address?

 

Many thanks

 

Deb

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Yes.

 

You are requesting information held about you, and you are a person not a number.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 1 month later...

Hello all and good luck to everyone with your claims.

 

I'm getting a bit worried as I have sent a prelim and now LBA to Cap One for my account which has been closed for about a year and ne for my husbands which is well ove limit now due to charges. (in seperate envelopes). I haven't heard anything at all, not even acknowledgement of letters! But reading through other posts Cap One seem to be responding quite quickly. Has anyone else had the silent treatment from them or is it just my deodorant??:eek:

 

Many thanks

 

Deb

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I also haven't heard anything from them they sent me all of my statements within four days of me asking for them and they didn't ask me for £10.00 for them I don't owe capital one anything but they owe me £906.00

Seashell

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  • 4 years later...

Hi everyone, Hope I'm posting this in the correct place. Have received a letter totally out of the blue this morning from a company called Cabot saying they are taking over our debt from Capital One. Thing is this was cleared off about 5 years ago when my husbands father passed away and left us some money. It was paid and we thought that was the end of it and heard nothing from anyone since.....until this morning. As it's such a long time ago I can't find any details of the payment or actual date! Just assumed it was all over and done with cos it was paid...Please can anyone advise on what we should do? Thank you

 

Deb

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Hi Deb

 

sounds like a dca on a typical fishing trip in the hope they strike lucky! I hate these people.

 

Do as previously advised and you can't go far wrong.

 

Good luck

 

ims

 

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Hi deb, I'm in the same boat although my alleged debt was sold to them by Citifinancial. I've sent the prove it letter and they have responded saying they are going back to citi for more information. I settled the account with a full and final settlement in 2007 and haven't heard anything since until Cabot chased last month. Have you checked your credit files for this alleged balance?

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  • 1 year later...

Cannot believe it, we heard nothing for ages and then we got another letter a couple of months back, so that's over a year, asking for the money at which point I wrote back asking for proof. Today we receive a response saying that unfortunately they haven't been able to get the information from Capital One yet but they will continue to request the information. They do state that the agreement is "currently unenforceable" but they go on to remind us that we "remain liable to pay any balance outstanding under the credit agreement" and recommend we contact them at our earliest convenience to discuss repayment options. Amazing, so they want us to discuss repayments on a credit agreement that is not enforceable...really???

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  • 4 weeks later...
  • 6 months later...

Hello,

Please could someone give me some advice.

I requested CCA from Cabot re a debt to Capital One.

 

They have said they have been unable to get the original CCA

and that the account with them shall remain on hold whilst they continue to request the information.

 

They then go onto say that I am still obliged to repay the outstanding balance

and should contact them to set up a repayment arrangement.

 

What should my next action be please, would really appreciate advice.

 

Many thanks

 

Deb

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get your cra file

see below

that will tell you all you need to know.

 

NO CCA = NO PAY!

 

if pre mid 2007.

 

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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I am rather confused at the stance being taken when dealing with alleged unenforceable credit agreements and 2007

 

Any credit agreement enacted before April 2007 still has 127 (3) of the CCA 2006.

 

127 (3) deals with prescribed terms on the agreement

 

All that has happened is the last round of court cases removed 127 (3) thanks Basil and Amanda

If a debtor makes a CCA request on a creditor and the creditor fails to comply within the time frame, the account falls into dispute

 

While the creditor is in default of the request, the creditor cannot obtain a CCJ judgement, force a debtor to pay anything, or do a repossession

 

What a creditor can do is issue court proceedings, even though they will get no judgement, report the status of the account to the credit agencies, sell or get an external debt agency to try and collect on the debt

 

To enforce in court, the creditor would still need the original contract or signed agreement. Even if the creditor tried to rely on a reconstructed agreement to enforce, that reconstructed agreement must be an exact duplicate taken from the original or facsimile of the original

 

But unless an individual is skilled in the CCA , IT WILL BE UNWISE TO EVEN THINK OF GOING IN-FRONT OF A JUDGE WITHOUT REPRESENTATION

 

I will not go into Waksman and Carey V HSBC judgements as that will confuse even more

Edited by squaddie
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Thank you but I'm still confused as I have seen conflicting advice on the boards regarding this kind of thing. Squaddie are you saying that I should pay something even though they haven;t produced a cca to prevent it going to court? Sorry it's just that I'm going back into hospital soon and I don't want hubby to have to be dealing with phone calls or letters while I'm in.

 

Thanks

 

Deb

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They have failed to supply a CCA and they cannot even get a reconstituted agreement. SO now they are trying the morality aspect and saying you still have to pay. Ummm no. As dx said, no CCA = no chance of this going anywhere near a courtroom. The only thing they can do is mark your credit file ( if the original lender had marked it, otherwise they cant), or send letters or phonecalls. Both of which can easily be stopped using harassment letters.

 

In short, they are trying to trick you into paying. Just ignore them, but keep that letter that says they cant get a CCA.

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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What i am saying is they cannot enforce in court without the original agreement

 

Some will argue that just showing that money was paid into your account will show liability, but that does not settle contractual obligations, that is the agreement between the debtor and creditor

 

By reason of sections 61 and 65(1) of the Act, the agreement is unenforceable without an order of the court, and,if section 127(3) applies, may be wholly unenforceable.

 

If you have sent a CCA request by recorded delivery, and they have not complied within 12 working days, it will be suicide to go to court

 

It is up to you if you want to make payments, that's your choice, they can still ask for payment, but they will be unwise to adopt going legal

 

RENEGADEIMP

 

Beat me to it again

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They dont actually need the original agreement if the agreement was taken out post april 2007. They can just come up with a reconstituted one, but most fail with this as they still need the terms and conditions of when the agreement was taken out.

 

Crapquest have already admitted that the CCA doesnt exist and therefore they will find it impossible to reconstitute and agreement, so they are trying the morality card to "persuade" the debtor into paying when there is no legal obligation to do so.

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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May i ask where it states in the CCA 2010 that a creditor no longer needs the original or a true copy of the original agreement to enforce in court. You know me and regulations, if it is not in the CCA 1974 (as amended) it means squat

 

I AM TALKING OF TAKING ACTION IN THE COURT BY THE CREDITOR, NOT TO SATISFY A SECTION 77-78 REQUEST BY THE DEBTOR

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