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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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Phillips Bailiffs and overpayment of housing benefit


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A number of years ago i was overpaid housing benefit. I didn't pay this back and the council sought county court judgement against me (£900 approx). They then pursued this through an attachment of earnings (which was consolidated as I had others also), I was paying this back at a rate set by the judge until February this year when I lost my job. The judge asked me to supply details of my income and expenditure and basically "suspended" the AOE.

 

I received a letter from Phillips a couple of weeks ago informing me that they were seeking to clear the debt. I put this to one side and forgot all about it. Another letter has dropped through my door today basically saying that as I have ignored them they are looking at taking the debt back in full within 7 days or if not they will be sending bailiffs to me.

 

What can I do? I presumed that the judge's word would have been final. If a judge rules I cannot afford to pay it then surely that should be good enough???? Confused!! Advice needed!

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Hi welcome to cag:

 

Do you know exactly how much of the debt remains owed to the Council in relation to the actual ccj?

What is the wording of the DJ order, it may be he has stayed the AOE not merely suspended it.

 

 

Send Phillips and the Council a copy of the DJ order suspending AOE. and if applicable draw their attention to the following:

 

The national standards of Enforcement agents 2002

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002

 

Those who might be potentially vulnerable include:

  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English

WD

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It didn't say suspended you're right - I can't think off the top of my head what it said but it said "it's been xxxxx with liberty to restore". Don't you just love it when your mind goes blank lol!

 

I can't remember how much the original debt was but it was around that so not sure they've added charges.

 

My confusion is that the council opted for a CCJ and then an AOE and now cos the judge has said we cannot afford to pay they've gone to bailiffs.

 

If they turn up won't be gettin in but would still like to know if they're allowed to do it!

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Unless they have returned to Court to resore the order they cannot pass it to bailiffs .....if you have not received notice to a hearing to that end then I suggest you use the CCJ reference number and contact the Court to see if the Council have actually followed procedure.

 

WD

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This is the letter:-

 

PRE-ENFORCEMENT NOTICE

 

You have failed to make suitable repayment arrangements concerning overpayment of housing benefits to yourself which remains outstanding. Therefore you have left us no option but to carry out full recovery procedures in which you may incur additional charges of no less than £45.

 

Our recovery agents have now been granted approval to attend your premises without any further warning to commence recovery procedures.

 

You must make the IMMEDIATE FULL PAYMENT of all of the outstanding amounts (as shown above) to prevent this action commencing.

 

YOU HAVE 7 DAYS FROM THE DATE STATED IN THIS NOTICE TO PAY ALL OUTSTANDING AMOUNTS IN FULL.

 

I haven't received any further notification from the court and at a rough guess the CCJ was granted around 3/4 years ago. The overpayment was from me not declaring maternity allowance as a change in circumstances and was interviewed under caution at 36 weeks pregnant in Dec 2005.

 

So do you think that they are simply working in a debt collector capacity in this instance as opposed to bailiffs? I am confused as my partner has had dealings with Phillips for a court fine as bailiffs and they were horrendous.

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Right......I have emailed them explaining my situation and asking them to clarify in what capacity they are collecting this debt; whether they are acting as bailiffs or debt collection agents as if they are collecting as bailiffs I haven't received notification from the court.

 

Not sure if that was the right thing to do but at least they can't say i'm ignoring them lol

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In the CAG library is a letter for Doorstep Collectors, send them that. No matter what happens they cannot attend as Bailiffs. As a guide to what happens read through this:

1 - you owe someone some cash and either refuse or cannot afford to pay

2 - creditor takes you to Court and wins

3 - Judge orders you pay even at a low rate or in your case via AoE

4 - for whatever reason payment by you fails

5 - Creditor can either pass remaining to Debt Collector or go back to Court for further enforcement

6 - one way of enforcement is to ask for Warrant of Execution - cost £100 added to Debt

7 - if WoE is granted this is for the County Court Bailiffto attend and he writes first anyway

8 - a private Bailiff such as Phillips cannot collect on civil debts

So I bet the headed paper from Phillips says Bailiffs and Debt Collectors and they will be very economical with the actual powers they do have.

 

PT

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They have emailed back and confirmed that they are acting as debt collectors. They have asked me to submit an offer of payment and they will go to WMDC for their "approval".

 

Cheers guys for your help - much appreciated! Very, very sneaky oh Phillips using their bailiff guise though me thinks!

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They have emailed back and confirmed that they are acting as debt collectors. They have asked me to submit an offer of payment and they will go to WMDC for their "approval".

 

Cheers guys for your help - much appreciated! Very, very sneaky oh Phillips using their bailiff guise though me thinks!

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If the Order you have is the current offering then you should remind the Council of this by sending them a copy. If they want to take it any further then they need to go back to Court for another Hearing but if your circumstances are still the same then they are just wasting taxpayers money.

 

PT

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