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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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Engage Credit - Being threatened with possession within 7 days


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Hi,

I currently am in breach of a suspended possession order dating back to the 4th of september 2015.

 

 

An order was made that i had to pay an extra £1000 on top of my normal payment of £650 per month in order to pay off the arrears of £6000...

 

 

at the time i was lead to believe that i had to accept this or the judge would def evict us

in desperation agreed...i know now that was a mistake.

 

 

I actually did manage to just about get the arrears under control by selling most of the contents of my house and stopped all building works.

..which was what put me in arrears in the first place

(old house with loads more problems than originally quoted for).

 

 

I have approx £175,000 equity in the property and the mortgage was for 50% of the purchase price.

 

 

I currently have arrears of £5208 and my monthly payment is £670...

i have offered to pay £250 a month which they have refused to accept though i have been doing this each week.

 

 

I have 254 months left to pay on the mortgage which if im right would equate on the norgan rule?

to be £20 extra per month?

 

 

Today i have received a letter stating if i dont pay the arrears in full within 7 days they will be applying for a warrant of possession.

 

 

..please someone give me some advice..

, would the judge take into account the 1000's and 1000's i have spent renovating this house and give me abit of slack.

 

 

..feel desperate and like ive let my family down just as things should be getting better!

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Did you put your offer of £250 per month in writing?

Who is the lender ?

Did you attend the possession hearing when the suspended order was given ?

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Hi, yes i put it in writing and though they said they would continue accepting payments they would not agree to it as a formal arrangement

 

 

fees etc were still being added..

.mortgage is with engage Credit.

 

 

I wasnt able to attend the court hearing as i am self employed and had a long standing booking at a trade show 300 miles away.

..it would have been financially disastorous for me to cancel this.

 

 

..i explained in advance and because they 'persuaded' me to offer such a large amount they had alreday agreed before it went before the judge they wouldnt seek full possession.

..hence why i know feel like i have a death sentence hanging over me.

 

 

Being self employed my income can be sporadic but the main reason im in arrears is down to the massive building project we took on with this house in the first place..

.we are so close to being finished and we are at the decorating stage.

 

 

..this will obviously be on hold to the mortgage is sorted but we have had a new roof, new electrics, new windows, insulation, granny annexe...spent 5 years busting our guts..

Edited by honeybee13
Last sentence removed - inappropriate
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engage huh

who was the original mortgage with

they are buyers of defunked or bad ones.

 

 

little tip

get an sar runningto them tomorrow

you know all those fess they've been charging

late

letter

arrears

debt management

they can ALL be reclaimed back!!

 

 

get this episode sorted and we'll hit them with it.

 

 

hope they didn't make you take out any stupid insurances too?

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 havent got any insurances with it...currently on my account statement it says account arrears is £5034 and the fees balance is £5179..ie more than the arrears...originally mortgage was a self cert with another mortgage lender...the name of which atm i cant recall...it was sold very early on as were the majority. What is a sar?

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click sar

 

but if you've the statement you don't need an sar then

 

this could be fun!!

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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This is what my latest account statement says, dated 11th of May

Original amount borrowed £143, 520.00

Original term 360 months

Loan start date 23 July 2008

Current monthly instalement £655.50

Arrears balance £5,034.25

Fees balance £5,179.73

Account balance £128, 895.29

remaining original term 254 months

 

It is also worth pointing out the equity in the property is currently around £175, 000.

Im not shirking my obligations but the fees are just crippling me...and i just never seem to beable to dig into the arrears because of them.

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Hi, the problem arose as you were unable to attend the hearing and were bullied into offering an enormous amount each month towards the arrears. Had you been able to go before the judge at the hearing with a good defence and financial statement you would have been able to get an order for arrears payments much much lower as the arrears were only £6k.

 

You could apply for a hearing in front of a judge (which you would definately need to attend), and in your statement for court explain that you were bullied into agreeing to an amount which was not affordable and told you didn't need to attend as agreement had been reached beforehand. You could make the offer of £250 per month which is a perfectly acceptable amount to pay towards the arrears.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Is it worth writing another letter reaffirming the offer and including a income and expenditure so they can see its affordable or should i push for spreading the arrears over the term of the mortgage...is this reasonable request if it did go back to court do you think?

 

the enormous amount was because they told me on the phone i would have to pay it off within 2 months but as a goodwill gesture they would give me 6 months as this was legally what they were allowed to demand...this is why i refuse to speak to them on the phone know.

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They were misleading you !! and it's a shame you didn't get the chance to say so in the hearing, you would have got a very different repayment order I'm sure. You could certainly write to them with a budget sheet - I have affixed the one we normally use in these cases. You just need to make sure there isn't a lot left over after everything has been accounted for or they will expect you to pay that towards the arrears too. I can help you word the letter if you like ?

Budget Sheet.xls

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Yeah i totally agree

but tbh if i had attending the court date i wouldnt have been able to even meet my normal payments.

..it was a trade show that we had been working towards for months.

 

Whenever ive spoken to them on the phone they've always said i must pay the arrears back very quickly and a court would def approve re possession if i didnt do this so i in fear went along with it.

 

..i did know i wouldnt be able to afford it without selling my possessions but they pushed me into filling in an income and expenditure form...over the phone without any prior notice

 

i exagerated my earnings to show i could pay it, hope that makes sense, they made it sound like if i couldnt do that i was gonna be evicted.

 

If i fill in another income and expenditure form it will show i can pay the normal mortgage and some towards the mortgage but not what the court order states.

 

..will that mean the judge if it goes back to court will take our home

, i dont have any written evidence they pushed me into it?

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You don't need any written evidence to show they pushed you into it - if you had to go back to court it would be evident to the judge that given the amount you offered to pay and the fact that you weren't there would indicate that you had been forced into that situation. Judges are well aware of these lenders practices.

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Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

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Ok, ty for that...

can i just clarify as ive had years being told different if i am able to show i can meet my normal payment and something...though not alot towards the arrears each month will a judge be happy for us to stay in our home,

 

 

could i use the Norgan ruling..

.and would the fact there is alot of equity in the property and that the mortgage was only for 50% have any bearing,

 

 

also would they take into account the reason im in arrears is due to all the building works we have carried out?

 

 

So grateful for your replies by the way..feel like im slowly starting to take control of the situation!

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Yes you are correct in that a judge would take into considertion the Norgan case, but your offer would still have to be realistic in line with your income, i.e. if you are able to pay £200 per month towards the arrears then you wouldn't get away with offering £20.

 

Was the building work necessary or because you wanted to improve the property ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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OK, that makes sense.

Yes the building work was totally necessary,

the windows all leaked and were drafty,

the complete electrics were condemmed by my electrican and the fuse box was ancient,

the plumbing all leaked,

no insulation so very cold,

central heating didnt work...boiler and pumps all ancient and beyond repair,

double chimney stack with no support and about to collapse needed taking down as an emergency before it fell down,

roof all needed redoing and retiling as the tiles were to heavy for the structure and the timbers had woodworm..

.i could go on but i think you get the picture..

 

 

.annoying really as though we were aware of some of the problems alot of the hidden problems really should have been pointed out by the surveyor,

we had a full report done but found out after from the sellers the surveyor was in and out in 15 mins and refused to go in the attic as he didnt have a torch!

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