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    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
    • 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...
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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hi hope u can help we have recieved 3 letters now 1 from lowell portfilio saying they had bought an old debt off capital one. this is an old debt of my husbands (before we met) he thinks its about 6 yrs or nearly since he made any payment on it. The max limit on card was about £250 they are asking for £789. The last 2 letters were from lowell finanical. I have read lots on here and just sent the cca letter today with a £1 cheque. So am just waiting for them to reply now. My husband moved around alot and so if capital 1 had been trying to write to him we would never know so wonder how we stand on that. sorry if i sound a bit thick but this is all new to me and a bit worried these letters are scary. one good thing is they dont have our phone number so havent had any nasty calls like a lot of people seem to have had.Thank you for listening to me

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Hi Lensue, welcome!

Sounds like you have done the correct thing regarding the CCA letter and cheque (hope that you sent it recorded!).

When/IF you receive the info back from Lowell then you can see when the last payment was made. Of course Lowell F may direct you back to Capital One if they cannot provide you with the CCA.

When you have established who is going to be dealing with the debt, then post on here again, using this same thread.

It may be worth while looking at the Limitations Act regarding old debt. i will try and find a link for you and post.

The letters are scary agreed, but this site highlights the scare tactics used by the DCAs and I have been in tears before I knew my rights!

Hope this helps a little!

Red

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Firstly Lowell Financial do appear to be in this forum quite prominently, and I have read that they did cash someone's (think it was NoddY) £1.00, so it will be interesting to see what happens with you. I do not know if the other user's (Noddy?) debt was with Capital One or not though?!

I was interested in old debt as well as I took out a loan with the Halifax some 10 years ago, and they are still chasing me, even tho' I have not paid anything recently.

Diskmandave gave me the following reference to the

The Limitation Act 1980:

I asked the question how long are you liable to the debt for?

"6 years from date of last payment or acknowledgement of debt in writing signed by the debtor."

Not sure if this helps you or not? Guess you will have to see what Lowell Financial reply with?!

Regards

Red

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Diskmandave gave me the following reference to the

The Limitation Act 1980:

I asked the question how long are you liable to the debt for?

 

"6 years from date of last payment or acknowledgement of debt in writing signed by the debtor."

 

Not sure if this helps you or not? Guess you will have to see what Lowell Financial reply with?!

Probably the standard stuff that everyone reports that they send

Regards

Red

 

Nice to be quoted for good reasons for a change 8)

 

Here's my battle with LF.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-debt-collection/59620-diskmandave-lowell-finacial-capone.html

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Diskmandave, you are a very helpful and knowledgeable man!

 

Proud to pass on the help that you kindly gave to me! Thank you!

Lensue - see! Help is at hand - just keep us posted!

 

 

OOOer Red..Up your font size please lol..We're not all young whippers with great eyesight :grin:

Just hate every DCA out there

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Sorry PMHFC, when I post a quick reply I cant select the font size (either that or my eyesight is so bad from squinting in order to read my own typing that I am missing the button!)

LENSUE, pleased you are finding the help that and support that you need!

Red

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Sorry PMHFC, when I post a quick reply I cant select the font size (either that or my eyesight is so bad from squinting in order to read my own typing that I am missing the button!)

LENSUE, pleased you are finding the help that and support that you need!

Red

 

Fanks Red.. can read it now without having my nose against the screen lol

Just hate every DCA out there

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hi. have just recieved another letter from lowell financial. it says we are in receipt of your request for a copy of your credit agreement in accordance with section 78(1) of the consumer credit act 1974

We also in recipt of the prescribed fee from you.

we are requesting a copy of the agreement from the original lender with whom you originally entered into the agreement.

while we endeavour to reply to you with the reequired information within the prescribed 12 days period under the consumer credit act, you will appreciate this is dependant upon receipt of the information from the original creditor.

we will advise you further if it will take longer than the prescribed period.

yours sincerely

andrew bartie.

 

could you please tell me what that means and what do i do now. just wait?

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  • 4 weeks later...

hi red thanks for your message yep all quiet they recieved letter on 20 march so half way into the last month so fingers crossed they wont send me anything. will keep u updated if or when they send me anything. Thanks for remembering me hope all is ok with you and your fight.

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Thank you Lensue for the post and the update, even if nothing has happened, you know what they say "No news is good news" :)

I will keep my fingers crossed for you.

My battles continue, some with better results than others, but if I had not found this site I would be really stressed!!

Thank goodness for the CAG :) :) :)

Happy Days

Red

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hi been a while since been on as have had no new from lowells, that is untill today when we recieved a letter from beneficial finance, the letter just says

dear sir re; agreement number *********

we have been attempting to contact you at a previous address held ( he's not been on the electrol roll for years untill last year) however we have been unsuccessful.

we have accessed public informantion in order to ascertain your current address (as shown on this letter) and believe that it is your correct current address.

it is important that you now telephone us on the number shown at the top of this letter, as we hold the above agreement at the address shown, and we need to explain this in detail to you.

if you beleive this is not your account then please telephone within 21 days on 0800 028 0773 to avoid this account being registered against your name at credit bureaux. we look forward to hearing from you

 

yours faithfully,

 

now has anyone heard of this company and do they have anything to do with lowells, or have lowells sold it on because the month is nearly up before they commit offence. please any help would be appreciated because getting very stressed now. ps the month is up on 5 may

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Hi Again Lensue, interesting twist in your tale.

Firstly -DO NOT PHONE BENEFICIAL FINANCE!

I do not know if there is a link between them and Lowells, I will see what I can find out for you!

I think that your hunch regarding the deadlines is probably correct, and I would get your CCA letter ready for Beneficial, so that you can post to them.

Dont panic - we are here to help!

Red

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Ahhh, well yes I have heard (but not dealt with personally) Thames Credit. I have a thread of mine regarding 1st credit and CAG user Stormo has had a successful dealing with Thames Credit - all the deadlines have passed!! So this may be good news for you!

If it is ok with you I could ask Stormo to PM you? Or could point Stormo over to this thread!?

In the meantime I absolutely do not allow you in any circumstances to phone these DCAs - any communication in writing only!!;)

Stay strong, happy to help where I can!

Red

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Lensue, click on the link to read about Stormo's dealings with Thames. The thread has not quite been updated, but I know that the calendar month following the 12 days has expired, and I will send a message to Stormo to see if there is any advice to pass on to you, my advice get that CCA out asap, along with another £1.00 Red (permalink)

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have just looked carefully at the letter recieved and they are part of the aktiv group. as it doest say what the debt is for or for how much for do i just wait for more letters to arrive or send cca now. also is i have SAR cap 1 how do i do this without knowing my hubbys account details ect do i just put his name and that should be enough. I dont know if lowells have sold this on or if this is a new debt, as no imformation in the letter from thames credit/aktiv.

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hi Lensue, send your CCA request to Aktiv/Thames Credit now. Make sure that you do NOT acknowledge any debt what so ever to them, & enclose the fee of £1.00.

With the SAR you will need to confirm hubbys address, DOB and full name, they may come back to you for more info.

Red

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well good news, got letter today from lowell's, its as follows

 

dear mr ******

 

our ref; *******

original creditor; capital one

balance outstanding £791

 

following your recent request to be provided with a copy of the original credit agreement in respect of the consumer credit act.

after liaising with our cllient in an effort to obtain this document we have been advised that it is no longer available. under the circumstances, we have closed our flies in relation to this account which has now been returned to our client. we can confirm that no further contact will be made by us regarding this account.

 

we trust that the above clarifies matters for you,

 

yours sincerely

 

andrew bartie

cheif opertions officer.

 

So all we have to do now it wait for ackiv/thames to start with the threatening letters which am sure they will and do the same thing all over again, and if the agreement is no longer available theres little hope for them is there.

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