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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?    
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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...
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Swift advances , i stopped repo, but now need help with BK hearing


april dew
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have unapproved attachments due to address showing

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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was the loan in your name or joint names?

 

Is the house in your name or joint names?

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there are so many issues, and taking into account that swift already have a suspended repo order, the arrears and time remaining on your first mortgage,

and the bankruptcy, you really need some form of legal representation in order to try to gain more time to get all the facts together,

as you clearly have valid disputes with swift

 

dont worry over the attachments, removed for your protection

PLEASE HELP US TO KEEP THIS SITE RUNNING

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Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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if I re-present myself would I be able to ask for more time.

I wrote a complaint to hand to the judge saying I have been awaiting proof of claim of debt, the actual accounting but I have been ignored, and I am in the process of finding out if I have been mis-sold this loan

and I would offer remedy to any claim that is fair and true.

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I went to the hearing today concerning swift trying to repossess my home.

 

the judge said he would not grant a order of sale today

because they did not have a proper valuation of my house ,

the valuation they have was printed of the internet.

 

the judge said they have to arrange a proper valuation,

and if I don't comply with this they would sell my house with the valuation they have at the moment.

application adjourned for 28 days.

 

Trustee also made me another appointment to come and see them with information about my assets which I have none nothing but my house.

there isn't anything I have that's valuable to them that can be sold.

 

The trustee said there is still a warrant on me because of the contempt of court situation,

so I must attend that meeting with them.

otherwise the warrant will be executed.

 

I need to do some serious work

 

 

I hope I receive the SARs soon so I can plan my next move.

Edited by april dew
need to ad other info
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I've sorted the attachment.

 

 

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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I would seriously suggest that you now seek urgent legal advice, due to the many complex issues

 

As soon as the sar arrives,post it up and we can help with advice as regards the disputes re swift

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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they have 40days

doesn't mean it will take that long mind

 

 

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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Hi there

can I ask a question.

 

If my repayments with Swift is a CAPITAL and INTEREST REPAYMENTS, should not my loan be paid of at the end of term.

 

I was jus wondering why most people including myself will have almost the same amount to pay at the end of payment term as at the beginning.

 

even though you might be in arrears how does the final amount ad up.

just a query.

 

 

sorry the attachment below is the letter I received from Swift concerning the unfair charges.

Edited by april dew
for got to add letter
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admin fees

arrears charge

letter sent

request for info

management charge

sent demand for payment

issue fee

request official copies

sols agents fee

cancelled repo fee

 

 

for a start.

 

 

and you need to check EVERY litigation fee

if they were not witin the time frame of an ACTIVE court claim

get those back too

 

 

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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masses of management charges, lets see the agreement please

 

Have you approached anyone for legal representation yet?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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Can we also see the terms and conditions of the agreement please

 

We need to see how clearly their charges were set out in the agreement

 

Was the PPI repaid directly to yourself?

 

In view of the complexity surrounding the bankruptcy issues, I would strongly advise once again that you obtain legal

represtation prior to your next hearing

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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you certainly have grounds for complaint against swift, going back to the OFT findings from june2011-----

 

An OFT investigation found Swift was giving secured loans to customers with poor credit histories or limited access to credit without:

 

- checking whether they could afford the loan

 

- verifying their income

 

- taking account of their other financial commitments and personal circumstances

 

- fully checking the information provided in the application.

 

Secured lending is considered to be high risk by the OFT because borrowers are at risk of losing their home if they default on a loan.

 

The OFT also uncovered evidence in some cases that Swift failed to fully explain the charges that could be incurred if customers fell into arrears and failed to exhaust alternative options before taking borrowers to court.

 

As a result, the OFT has imposed a set of requirements on Swift, which ensures it must:

 

- carry out proper assessments of a borrower's ability to repay the loan without undue hardship

 

- only take steps to repossess a borrower's home as a last resort

 

- be transparent about their charges and when they apply.

 

David Fisher, OFT Director of consumer creditlink3.gif, said:

 

"Credit businesses must lend responsibly - failure to do so can have a very serious impact on borrowers. We require Swift to significantly improve the way it carries out its business. If they fail to comply with these requirements, they will face further enforcement action."

 

 

-----the agreement that you signed could not be less transparent about their charges and when they apply, in fact the amounts to be charged and when they apply

 

are not shown, to charge £250 as a default fee and £64plus as monthly management charges are totally untenable.

 

The problem you have as regards the fos, is that yours was an unregulated agreement

 

you really need urgently a solicitor before your next hearing, as far as swift goes there are real causes for complaint and redress

 

you may also wish to talk through your concerns with the FCA,

 

Consumers (and people representing consumers)

 

If you have a query about a service or product:

Call us on 0800 111 6768 (freephone) or 0300 500 8082 from the UK, or +44 207 066 1000 from abroad. We are open Monday to Friday, 8am-6pm, and Saturday 9am-1pm.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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