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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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CapQuest CAT debt - made DD to Restons - DD changed to Dryden without my consent?


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For a while now I've been paying small amounts "owed" to Capquest, directly to Restons who were dealing with it. I was paying via direct debit

Last week my bank informed me via e-mail that a new direct debit had been set up to a company called "AllPay ltd RE DFS Ltd". As I didn't recognised it I phoned my bank and cancelled it. 

 

Yesterday I received a letter from Drydens Fairfax saying that they had bought the debt from Capquest and that any correspondence now had to be made to them, and also that I didn't have to do anything as the direct debits would now go to their bank account via Allpay Ltd! So that explained the direct debit that appeared on my bank account without my consent. 

I also received a letter from Capquest yesterday infoming me of the same, and that they had "Passed my account details and payment history" to Drydens Fairfax. 

 

I am outraged that a company would pass on my BANK DETAILS to a third party without my consent. 

 

Not only did I not agree to this but surely this is against data protection laws?

 

I intend to fight this as I did not ask for this company to buy my debt, and I bet they don't have a CCA. 

 

My question is, what template letter should I start with? 

 

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I fully agree and thats why this infested industry needs renewed regulation ..they have carte blance ...not complying with the LoP Act or the CCA1974  nor the DPA.

 

Click the underlined CCA in your post.

 

Andy

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Thank you. With regards to the original creditor passing my bank details and personal details onto a third party, what can I do?

It also has my old name on and on the bank details that they said they held for me, my old name, which of course is not the name on my bank account. 

Anyway I've cancelled that DD now so they're not getting anything from me. But I do want to take action against Capquest for passing on my bank details. 

 

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drydens don't buy debts..they are solicitors...

are they all not part of the arrows group anyway?
 

 

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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no its not.

the sols be it restons drydens or whomever are working for their client capquest.

 

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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Capquest, or restons, passed my bank details onto another company without my consent. 

Min my opinion, that should not happen. 

This means they must have stored my bank account details, which is illegal.

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no you've already given your consent on the agreement you made with the original creditor.

but anyway..as andy eludes too

why are you blindly paying a DCA or their dogs anyway?

have you ever sent a CCA request?

whats the debt?

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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Not sure why Martin Lewis never covers this on his programme.  He should be shouting from the rooftops. Don't pay DCA's without a CCA.  

We could do with some help from you.

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DX - Under DPA they are allowed to sell the account as part of the T&Cs but financial data is covered under PCI DSS Compliance and they cannot "Just" send financial payment details to another company and set up a DD willie nillie. They need consent from the SC / ACC holder and a signed DD Mandate. 

This is a very very shady thing to be doing. If paying by Standing Order however - Its different as the Debtor is in control of payments and while the company can see SC / ACC on payments, they cant just set up a DD :) 

 

I believe that the ICO needs to get involved here. :)

 

We could do with some help from you.

 

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**Fko-Filee**

Receptaculum Ignis

 

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I would suspect the org dca mandate was done to cq?

how did you sign up to paying restons and why no cca?

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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Because, Restons got a CCJ against me for ANOTHER debt I didn’t pay, not only that but all correspondence was sent to my old address and CCJ was without my knowing until the new owner of my old house moved in and forwarded the mail to me (house was empty for a year).

 

When I received letter regarding this debt, I was scared and Restons bullied me. I’d been very ill, and wasn’t able to fight, so I just agreed to pay it.

 

Stupid thing is, in the past I’ve foufhg loads of debts and had them either written off or just left, and are now statute barred. So I know what to do I’m just rusty at it and need a bit of help and support. 

 

 

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Was this over the phone too?

never mind CCA time

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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God know whhat !mandate you agreed to then

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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  • dx100uk changed the title to CapQuest CAT debt - made DD to Restons - DD changed to Dryden without my consent?

title clarified and moved to the CAT forum

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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On ‎15‎/‎03‎/‎2019 at 16:22, London1971 said:

Not sure why Martin Lewis never covers this on his programme.  He should be shouting from the rooftops. Don't pay DCA's without a CCA.  

MSE never has, nor no mainstream media...even radio 4 shows

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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On ‎15‎/‎03‎/‎2019 at 19:18, fkofilee said:

DX - Under DPA they are allowed to sell the account as part of the T&Cs but financial data is covered under PCI DSS Compliance and they cannot "Just" send financial payment details to another company and set up a DD willie nillie. They need consent from the SC / ACC holder and a signed DD Mandate. 

This is a very very shady thing to be doing. If paying by Standing Order however - Its different as the Debtor is in control of payments and while the company can see SC / ACC on payments, they cant just set up a DD :) 

 

I believe that the ICO needs to get involved here. :)

yes std CAG advise is to use SO not a DD

 

but this was done over the phone and unrecordedi suspect... before the OP was wise from CAG advise.

 

I would suspect that the reston dd has been cancelled and a new one,  following the clients instructions set up via drydens, with previous permission gained over the phone, under their  client instructions to be able to do so. 

 

agreed not right.

agreed short practice

but a payment via dd was agreed to a solicitor operating under their clients instructions to do so...

those instructions were carried out...

 

an sar to CQ, restons & drydens might prove useful, 

but if there is really any there there to go after is debatable...

 

 

 

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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Thanks for the info so far. 

I've sent a CCA request with postal order. 

I want to write to Capquest aswell to complain about them passing on my data (direct debit details) to another company, as from what I understand after a little bit of research, they have breached GDPR laws. 

Is there a template for this? 

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Not sure about GDPR laws.....possibly Banking and the Direct Debit guidelines.

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  • 4 weeks later...

Take a read of the following thread last 2 pages...may be of interest,

 

 

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

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

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  • 3 weeks later...

Still not heard from them so they are now in breach - I assume I now ignore any future requests for payment from them?

 

On ‎11‎/‎04‎/‎2019 at 11:44, thedryad said:

They’ve replied outside the 12 days (it’s now been 21 days since they signed for my CCA request) saying they have referred my request to their client. They’ve also returned my postal order. 

 

 

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correct until/unless they comply

 

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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