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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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Link/IDR/Kearns Claimform - old Barclaycard 'debt' - statute barred


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Hi, looking for a bit help if possible.

 

I have received a County Court letter for a debt for an old Barclaycard

which i cannot remember being in contact with for well over 10yrs,

 

 

i'm wanting to put in a defense against it under the limitations act

but not to sure as to what is the best thing to say,

 

 

also not sure if i should send the claimant a letter stating the same facts.

 

The County Court Letter is dated 27/01/2016

and i'm getting really stressed because i was told i only have 14 days to respond.

 

Claimants are IDR Finance and the solicitors dealing with it are Kearns.

 

Any guidance on this matter would be gratefully received ,

i'm just hoping i can do something about it.

 

Thanks

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http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**%284-Viewing%29-nbsp

 

Welcome to CAG - if you would like to have a read of the thread I have linked above and provide answers to the questions, in this thread, then we can better advise you.

 

Although from the information you have already provided it does look as though the statute barred defence is going to be the way for you to go.

 

The following is all you would need to say on the defence form - ensuring that you put the correct information where I have highlighted..

 

 

1 The Claimant's claim was issued on (date).

 

2 The defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the Limitation Act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3 The Claimant's claim to be entitled to payment of £x or any other sum, or relief of any kind is denied.

 

 

Please do however, read the link I have popped up for you and provide us with further information just so that others can confirm you are on the right route !

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2: Take back control of your finances - Debt Diaries

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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As for your timeline..

 

If the issue date of the claim was 27.01.2016 you have the following time...

 

Date of issue - 27.01.2016 + 5 days for receipt = 31.01.2016 + 14 days to acknowledge = 14.02.2016 + 14 days to submit a defence = 28.02.2016

 

So you have a fair bit of time in hand - but you MUST acknowledge the claim by the 14th of this month.

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

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Go check your credit file and see when the last payment was registered. DCA'S have a habit of adding the statutory fee to the account.

 

You also need to fill in the link and post back the information requested as not all of it is there...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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In addition to the above advice, send the creditor/claimant a letter putting them formally on notice that the alleged debt that they are suing you for is statute barred. Tell them that because they are now our notice, they are prohibited from taking any further action in respect of this because of the CONC rules – the FCA rules contained in the Consumer Credit Sourcebook and of which they should be thoroughly aware.

http://www.consumeractiongroup.co.uk/forum/showthread.php?426148-CONC-7.15-Statute-barred-debts

 

Tell them that if they continue to pursue statute barred debt, that you will report them to the FOS and also when their cases dismissed, you will send the details of it to the FCA as part of a formal complaint there.

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Name of the Claimant ? IDR Finance UK 11 Limited

 

Date of issue 27 Jan 2016

 

Date to submit defence = by 4pm Friday 26th feb -

1.The claimant claims the whole of the outstanding balance due and payable

under an agreement referenced ******* and opened effective from 05/01/2009.

The agreement is regulated by the consumer credit act 1974,

was signed by the defendant and from which credit was extended to the defendant.

2.The defendant failed to make payment as required and by 26/06/2014 a default was recorded.

As at 16/06/2014 the defendant owed Barclaycard plc the sum of 4294.00.

3.By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 16/06/2014

and made regular upon the claimant serving a notice of assignment upon the defendant shortly thereafter.

4.And the claimant claims-

1.4374.00

2. interest pursuant to section 69 county court act (1984) at a rate of 8% per Annum

from 16/06/2014 to 26/01/2016 OF 512.11

And thereafter at a daily rate of 91 to date of judgement or sooner payment. Date 26/01/2016

 

What is the value of the claim?

 

The claim is for a credit card

 

when did you enter into the original agreement before or after 2007?

I thought it was before but they are saying after

account assigned and it is the Debt purchaser who has issued the claim.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? cant remember getting one

 

Did you receive a Default Notice from the original creditor? cant remember receiving one

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No

 

Why did you cease payments? I do not have that information but i'm sure at least 7 years ago

What was the date of your last payment? I do not have that information but i'm sure at least 7 years ago

Was there a dispute with the original creditor that remains unresolved? not that I'm aware of

 

Did you communicate any financial problems to the original creditor

and make any attempt to enter into a debt management plan? Not that I'm aware of

............Thanks for your speedy reply Citizen B.

I have answered the questions to the best of my knowledge

as i do not have any paperwork relating to this debt,

i checked my credit file and nothing there also, which makes me think it has gone statute barred.

I shall put my defense in online now thanks for giving me guidance on that also.

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Please have a read here http://www.consumeractiongroup.co.uk/forum/showthread.php?387483-LEGAL-CPR-31.14-Request-when-Claim-is-being-made-for-a-Current-Account&p=4384032#post4384032

 

You should get this letter off the the Solicitors that are dealing with your case. Please send it recorded delivery and get proof of signature. Keep the receipts and a copy of the letter you send.

 

Maybe Andyorch will pop in later to help you out too..

 

In the meantime get up to speed with cases similar to yours and be prepared. It all helps in the long run ...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Thanks everyone for all your help, busy reading the links at the min.

I found something on my credit file just now which looks like a figure on my P o C 4294 , but it has a different account number and company Link Financial?

credit file shows default July 2014 and nothing before this date only after, i'm really confused now. feel such a dope

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Don't feel like this its late ok.. maybe the date is when Link took the account over.

 

Did you have a look at the previous balances and amounts paid? This could show when you made it. This is why it is important to get this letter off asap. They have to provide you with what they are relying on at Court.

 

Why not have a rest till tomorrow when you could get more advice...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Thanks everyone for all your help, busy reading the links at the min.

I found something on my credit file just now which looks like a figure on my P o C 4294 , but it has a different account number and company Link Financial?

credit file shows default July 2014 and nothing before this date only after, i'm really confused now. feel such a dope

 

By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 16/06/2014

 

Coincidence ?

We could do with some help from you.

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Very true i will have a break lol

i went back as far as i could it only shows default notices from July 2014 , nothing prior to this date.

will get that letter off asap thanks.

 

By an agreement in writing the benefit of the debt has been legally assigned to the claimant effective 16/06/2014

 

Coincidence ?

 

Do you think they are trying to wangle it as such?

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Please do not use the CPR link in post #7 that is for a current account

 

Use the following...

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?387484-LEGAL-CPR-31.14-Request-Request-for-information-when-a-Claim-has-been-issued.

 

So is not the BC debt you was thinking it was ...that you have not had contact for over 10 years?

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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