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    • 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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Spreadex (betting company) CCJ - Its getting near 6yrs but keep emailing and sending letters - any danger?


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Thanks DX,

I just wanted to clarify what i need to do/send as the hyperlinks can be a bit confusing.

send a CCA request (using the PDF on post 2) CCA Request - Consumer Credit Act 1974 **Updated January 2015** - Debt Collection - Consumer Action Group

statute barred letter stapled to it. And also i need to send "Reply to PAP" PDF on post 2, typing the info given in the same post?

On the CCA thread DX, in post 3 you have written:

for ref:

Fixed loans are section 77

credit cards and catalogues are section 78

HP agreements are section 79

I don't think Spreadex is covered by any of these?

 

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12 hours ago, dx100uk said:

click letter of claim

and follow post 2

 

because the debt is statute barred

staple another copy of our SB letter to the filled PDF we give 

 

 

forget the CCA request, the debt is SB'd

i wouldnt even bother with the list in I at all take them away

you don't need any paperwork returned on an SB debt.

 

lets see what they do.

 

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 DX,

just to clarify,

I should send back the PAP reply form, just clicking D "I dispute the debt because it is statute barred" ? 

then just print name and date AND enclose the statute barred letter again? 

Do I click I at all?

I've just received an email from them in response to the SB email I sent them:

Dear Mr ********

 Thank you for your email.

 It is clear that you have misinterpreted sections of the Limitations Act, surrounding statute barred debts.

 In particular: "...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4. 

The above explicitly states lender OR owner, not Lender AND Owner. 

Whilst you have tried to evade contact for a rightly and legally due debt, Spreadex has kept contemporaneous diary notes of all attempts to contact you regarding repayment of your debt over the last 6 years, which will be submitted as evidence in Court if necessary.

 We are therefore satisfied that your debt is not statute barred and should be grateful if you would forward a proposal for settlement.

 Regards

Edited by WanTToMoveOn
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Quote

The above explicitly states lender OR owner, not Lender AND Owner.

 

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well they are wrong.

them writing letters does not reset the SB clock

 

pretty pathetic company if they dont even know they've already issued a CCJ and have default judgement...:pound::lol:

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 replies...relieved to hear this.

Probably not relevant, but I wouldn't say I have tried to "evade contact" as they had my email address and I updated my address in the online account at least twice.

also apart from this recent notice, i don't recall receiving anything from them chasing up the debt, only online statement emails

what should I do now, still just send the letters as advised by DX or?

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yes cause they seem totally blind to the old CCJ.

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

thanks DX.

I send the reply to reply PAP PDF, ticking D " I dispute the debt because it is statute barred"

I ignore "I" and everything else, and just date and print name.

I enclose the statute barred letter with it.

Silly question but at the top of the PAP reply form, where it asks for details. Full name, address, post code etc....is this my details or spreadex's?

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well they know who they are.................think about it ....do not give them email/phone nor sign

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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you never respond nor should give fleecers an easy way to harass you.

just think, if they didn't have it or it went to junk you'd no know either , its a free way to harass people that legally can be ignored esp if you've never updated it nor given permission to use it.

 

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 weeks later...

Hi guys,

I haven't heard anything back from Spredex and the debt has dropped off one of my credit files.

Just a quick question,

as i have two remaining debts on my file, both with Lowell who wrote to me last year confirming they would not be pursuing the debt . 1 is a CCJ and the other a default.

Is there anything I can do to alter my credit report?

thanks

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no unless the defaults were registered weeks/months after your last use/payment?

whats the date of the other CCJ? and are both aware by writing of your correct and current address if its ever changed and you have not already done so .....?

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 Dx,

can't really say how long after last use/payments the defaults were issued

the CCJ was filled 13 march 2018

the default date for the other is marked as 24 August 2018

 

Sorry, I am a bit confused about the last part of your post 

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Have you ever moved since taking these two lines of credit out?

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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then you need to be informing lowells on both of your new address in writing and any other debts that you have whereby you last used/paid that line of credit ..

 

would have though two backdoor CCJ's was enough for you don't you think...never run from 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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they have my current address, which is where they wrote to me to say they have closed both accounts and will no longer be pursuing the debts after I had contacted them to try and arrange something.

 

I didn't update at the time due to circumstances

 

Was just enquiring to see if I could have the default marked as satisfied or anything else

Edited by WanTToMoveOn
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a satisfied default is as good as a non satisfied one, exactly the same as a settled CCJ, it's there for 6yrs regardless to any payments.

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 year later...

Open 

 

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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judgement too?

 

but its outside of 6yrs so no judge would ever allow enforcement that late

and they certainly cannot 'just' send bailiff, that only a court can do, and again as the judgement is +6Yrs old and the claimant has had 6yrs already , it will be as rare as hens teeth to see them granted permission via the courts.

 

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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