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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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Lowell's OH Vanquis card - PAPLOC now claim form.***Claim Discontinued***


penmarine
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Hi caggers, 

OH got a vanquis card, defaulted and made a last payment in July 2015.

 

Since she gave me a heads up with threat letters for pre-court action, I fired off a CCA and got a response way after the prescribed time line (I can live with that).

 

They did send her a CCA and breakdown of spends.

 

The problem I had with the CCA they sent her was it was pretty unreadable (I can post a copy) but it had her signature on there.

 

I don't doubt the OH owes money but after speaking with her she cannot remember but didn't think it was as much as Lowell's are wanting to claim for as she only had a £500 limit and the amount they want is near £900.

 

I fired off an AID letter stating the CCA was illegible and at the same time sent a SAR to them specifically asking for a copy of the DN, Breakdown of charges and Interest and anything else they hold.

 

They come back acknowledging both letters but still asked what she her intentions are regarding the account with failure to do so possibly resulting in a claim form incurring costs.

 

They also said they will not send any further copies of the CCA as they've already compiled with the original CCA request.

 

Am I correct in thinking the CCA has to be legible and that this is grounds for the AID?

 

I'm happy to come to an arrangement to clear the right amount owed but not some over inflated figure.

 

Thanks PM

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shouldn't have bothered with the AID letter 

that was stupid advice that should have died 10yrs ago.

just invites pointless letter tennis

for a 2015 card i doubt its signed as such, but an online signup?

 

there are numerous threads here with CCa returns from lowell and vanquish card debts.

very few are enforceable

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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one multipage pdf only please

read our upload guide carefully 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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Evening Caggers,

I've attached what Lowell's had sent the OH relating to my CCA request

If you ask if the credit agreement could be better its even worse in real life (its pretty much unreadable to the naked eye). 

 

They've asked me on the last letter the OH got off them that they would not be sending another copy of the CCA as they've already sent one.  I get that they've sent her a CCA, but to be unreadable this cannot be correct. 

 

the stars aligned today as the postwoman delivered the contents of the SAR I'd sent to Lowells. 

What they sent was generic letters but without the OH's details showing which I thought was quite strange, copies of what I've attached on the PDF and a couple of legacy information from the previous DCA that had it. 

 

What was not included was a breakdown of any additional charges and interest placed on the account nor a Default Notice which I specifically asked for. 

 

Any thoughts on what I've posted would be much appreciated. 

 

Thanks PM 

 

CCA Return .pdf

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thats not a credit agreement, it's a signed application form,

it doesn't contain all the prescribed terms it should, and it also refs other T&C terms that are not included.

 

as for ever sending an SAR to a DCA, thats the same as sending a stupid AID letter, simply invites pointless letter tennis.

 

sit on your hands until/unless they send a letter of claim and a reply pack.

 

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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  • 2 months later...

click the link in your last post 

follow post 2.

because

 

the claimant has previously failed to suitably 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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no

you did use our pdf and completed as post 2 there with the extra line as above in the reason..

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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Share on other sites

Hi dx, yes I used the PAP at post 2 and used the sentence recommended but it then tells you to go to box I to complete.

 

The post on the link then says ask for x, y, z and attach a PO.

Or have I missed a trick? I've not sent the pack off for her yet anyway so can redo.

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the po is for the CCA which you don't need to repeat and anyway that goes to the claimant and nothing to do with the pap reply to their solicitor that sent the pap 

 

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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  • 3 weeks later...

Hi there,

got a response to the PAP from Lowells today, account suspended until they receive a DN from their client (Lowells).

 

Now I sent a SAR to Lowells previously for the better half and didn't receive a DN in the information sent.

 

What happens if all of a sudden a DN appears?

Would I be able to go to the ICO for failing to fully comply with a SAR?

Or are they more than likely bluffing on the DN?

 

Thanks PM

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yours is not the next move.

 

they might not have ever requested any paperwork from the oc....but since the sar have..

they don't usually have anything...as they expect people to wet themselves believing they have some magic powers and blindly pay up like 99% of UK mugs do when they get a letter from a totally powerless dca...

 

 

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, how I've read it (NoA) Lowells own the outstanding debt, so when their solicitors say we'll ask our client they are talking to somone across the desk. I have a letter from the OC that says they've sold it to Lowells.

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we know that but you see these solicitors are one desk nearer the bog in the same office and the double stink they have around them prevents differing blokes in differing coloured skirts from talking to each other...........

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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  • 1 month later...

can you rotate things please and put all figure and dates back....

how can we determine if it meets the CCA section 87 requirements without those?

 

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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Share on other sites

On 31/10/2020 at 19:07, penmarine said:

and a couple of legacy information from the previous DCA that had it. 

 

who^^

 

agreement looks ok bar no T&C's , DN looks ok. NOA looks ok.

they are trying to squeeze a court claim in before it goes past the SB date of the DN + 14days + 6yrs...

but that might not be relevant if the last payment was weeks or months before vanquis issued the DN...which was?

 

 

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'll have to dig out the info, it will be tomorrow now.

 

I remember the application form lack of T&Cs bit when I put a CCA in for her, suggesting it's not a proper CCA at all.

 

I do have another question, its more GPDR related if vanquis sold the debt (NoA) why would they still be holding onto information they technically shouldn't be? 

 

I only ask as I deal with this at work sometimes, very rarely I must add so things have probably changed.

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it has never been the case someone that once held your information must destroy it immediately once you or they cease to have any 'mutual' association..... strictly against the prevention of fraud act and various  data protection etc acts...

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 I'm gonna speak to the ICO it doesn't sit right, I had the same type of problem with mbna many years ago for myself. They royally scored an own goal and the debt literally disappeared when I put an ICO complaint  in for data breaches.

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about what?

 

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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Share on other sites

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