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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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HFO CAPITAL/services/turnbull CCJ


melmumof3
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Thanks BA. I have something of great interest that I have just PM'd you. They won't like it. Not one little bit.

 

All I can say in these cases if the hearing is unfair and the points have been ignored then appeal. I think some judges (not all but some) just want a quick in and out of their court room and so dispense cases without examining the evidence and taking the trouble to appraise themselves of the CCA and all its workings. It's easy to get downhearted but if you appeal they will start getting a rap over their own knuckles higher up the legal chain. Keep up the pressure the pendulum will swing back towards the consumer.

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  • 2 years later...

Hi all

 

havent been on here for a while. Been in same home nearly 18 yrs, small 2 bed with 3 kids. we have done our best dividing a room but smallest is 5 ft x 8 ft which for a 14 yr old is ridiculous. Outgrown well and truly :(.

im with the one account, ive just rang them to see if we could maybe look to moving property. im not looking at borrowing any more, we looking at moving to a cheaper area but does boast a bigger property for the money. currently weve a mortgage of 79k, and the house is valued at 130-135k atm. so all good i guess. one account will not entertain me was his words as ive a CCJ on the property, acquired about 3-4 yrs ago from HFO services :/.... so now im wondering what my next thing is to do, do i go see a financial advisor (my friend told me not to bother as cant trust them) and im thinking if we dont increase the mortgage we will be paying far more elsewhere for same amount, so if we want to move we either pay more because of debt probs or sell and rent and pay even more :(

Ive a ccj but ive a few credit card bills which are on token payments, the ccj debt of about 4k is the only attachment to our house

 

What a mess

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A CCJ on the property? I'm sure he meant on you. CCJ's are attached to people. CO's are attached to properties.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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  • 2 years later...

Hi all

Been a very long time since I posted anything ... Sorry

I had a CCJ placed against my home a good few yrs ago.

 

 

I originally won my case but then they appealed and won a CCJ order.

 

Some yrs ago, Turnbull Rutherford contacted me asking if i could satisfy the CCJ and they would reduce the figure.

 

 

I didn't believe them and have paid no money whatsoever.

 

 

The CCJ is £4500 and TR said interest is added at 8% per annum I believe ( again I don't think interest can be added??)

 

So I'm asking if I was to sell my property this automatically gets paid to TR doesn't it or whoever HFO services/ capital whoever they are now

( I also remember they may have lost their licence)

 

Before I put house on market I wonder if it's possible to contact them and offer a payment to satisfy??

 

Can anyone guide me what I should do???

 

 

It's been on property about 5 yrs approx I think ( gosh time flies!)

 

Thanks in advance

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If there’s no CO, you can sell without interference.

 

HFO Services has sold its portfolio to Link. I’m surprised you haven’t heard from them!

 

Hiya DB hope you're well

 

Not heard anything at all for many years.

 

I think it was A CCJ I've not paid any money at all towards the debt since they won appeal. How would I find out if it's a CO??

I've done a credit file search a few yrs back and I'm sure it said I have a CCJ to HFO

 

So if I decide to sell they wouldn't get the balance from my equity in home??

I would be satisfying the debt but renegotiate the settlement

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All good, thanks, Mel.

 

You can check if there’s a CO or a restriction for about £3 by downloading your deeds from the Land Registry web site.

 

If nobody is asking about the debt, and there’s no CO, I would sit tight. They’ll struggle to enforce if they leave it for longer than six years since judgment.

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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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