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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.              
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BPO/Lowellletters old Barclaycard debt poss SB'd


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This seems to a new way of displaying the conduct of the account and the transfer to a third party ie original creditor accound marked settled/satisfied , the debt purchaser details same default date and OSB on the account so it's still only 1 default.

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Dx thanks thats put my mind at ease that Fred's can't do anything. The CCA will be sent off to Lowell ASAP I don't know if I can get a copy of the letter up though as I'm doing this via my smartphone

 

Brig. Yeah it looks like that's what happened. However although dates and osb are both the same. The account numbers listed by barclaycard and Lowell are different. So this should maybe be classed then as two separate accounts? The barclaycard one ties up with parser work I have. The Lowell one matches no account I've ever had with barclaycard

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Could be Lowell have changed it to their internal ''agreement '' number, I have asked the data controllers of all 3 main agencies to ecplain this ''new'' system no repies so far.

Complain to the Data Controller at the CRA anyway.

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Lowell routinely have incorrect Barclaycard account no's. I doubt that it's of any consequence, just another of their unexplained acts of deviance.

If you ignore Fredickheadson's LBA, they simply send another (very similar) threat on Brian *arter letterhead 2 weeks later.

As they don't own the purported debt, you need not reply; it only encourages them.

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Lowell routinely have incorrect Barclaycard account no's. I doubt that it's of any consequence, just another of their unexplained acts of deviance.

If you ignore Fredickheadson's LBA, they simply send another (very similar) threat on Brian *arter letterhead 2 weeks later.

As they don't own the purported debt, you need not reply; it only encourages them.

 

Lowell do own the debt the Barclays entry shows ''satisfied'' and Lowell have places their entry beside it same balance, same default date!

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Lowell do own the debt the Barclays entry shows ''satisfied'' and Lowell have places their entry beside it same balance, same default date!

 

Yes I know. I wasn't alluding to the CRA record at all, merely pointing out that Lowell routinely hold incorrect account no's for debts purchased from Barclaycard.

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Lowell routinely have incorrect Barclaycard account no's. I doubt that it's of any consequence, just another of their unexplained acts of deviance.

If you ignore Fredickheadson's LBA, they simply send another (very similar) threat on Brian *arter letterhead 2 weeks later.

 

Any dealings with Lowell involved need treating with care, the issue of SDs even in non qualifying debt.

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

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  • 1 year later...

Iv just received a Letter from a company Called BPO.

 

It seems like Lowell are now using them to try and collect on their behalf.

 

I had a barclaycard debt which became statute barred in april of this year.

 

So BPO and Lowell are barking up the wrong tree.

 

SB Letters being sent to tgem first thing

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Hi,

 

Have you fully checked your Credit Files to see if anything has been slipped on?

 

Please doubled check & triple check to make sure of the debts Statute Barred date.

 

What is the exact wording of the letter?

Is it a phishing letter?

 

Stigman

NEVER telephone a DCA

If a DCA rings you, refuse to go through the security questions & hang up!

 

If I have helped you, click on the star & say thank you

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how are you gauging the SB date?

 

is this on your credit file?

 

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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Last payment to barclaycard was 22nd april 2009 according to bank statements as im in Scotland

 

I figure that as of may this year it has become statute barred under the prescriptions and limtatioms act.

 

The default date on my credit report is dec 09 which makes it just over 6 months from the last payment

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t'will be the default date I fear.

 

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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Hi BB,

 

We on the Site Team love debating this point. :wink:

 

The relevant date here is 5 years from the date when the obligation became enforceable. In other words, the date when the unpaid debt could be first be enforced due to previous non-payment.

 

I think this may not be the Default Date as per your CRA records, but a date after your last payment when your failure to pay meant the whole debt could be pursued, demanded or enforced.

 

It's NOT 5 years from your last payment but more likely a month or two after that date.

 

If your last payment was April 2009, the SB date is probably July 2014, in which case the debt could be SB already.

 

:-)

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thats kinda what i thought i had read somewhere that the cause of action begins 1 calander month after the debt became first due ie last payment April next payment due May so it then june becomes the mark from when the prescription and limitations countdown begins thats my understanding of it anyway so i think Lowells have passed on this to BPO to try and chance their luck :-D

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