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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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Paratus - 2nd Eviction notice pending **WON TWICE **


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Hi. Some help and advice needed please.

 

Had a suspended possession order on my house about 2 1/2 years ago. Was paying CMI + £63 and not problem. Missed a months payment, hadnt realised it hadnt gone out then discovered this several months down the line when I was told my mortgage provider GMAC that they had stopped taking the extra £63 when the months payment was missed as this had invalidated my agreement.

 

Been making payments generally with the odd missed payment due to stupidly taking out payday loans to help the debts that I had inherited from my ex husband as he had subsequently died. Been trying to sort everything over the last 6 months and done everything wrong and paid my non priority debts over my mortgage as they had turned up on my doorstep and at work. I now know I shouldnt have done this.

 

Last Thursday received a notice of eviction for 18th September out of the blue, no warning from GMAC / Paratus. Although I havent paid the last 6 months I have still paid £2190 of the £2880 due since December '11. My arrears stand at £3700 equivalent to about 10 months.(probably less than 10 months as some were accrued when my payments were £700+).

 

I can easily afford the mortgage now that I have sorted the other debts and with a decent amount surplus each month to reduce the arrears.

 

I also have a buyer which GMAC know about but I am waiting for them to sell their property before I can go ahead which will cover the whole of the mortgage outstanding. I am also due a lump sum to soon possible end of september, might be October of around £1400.

 

I have 2 children, one who is due to take their GCSE's in the coming months so really dont want to disrupt them.

 

Is their any chance I can save my house?

 

I would really appreciate some help.

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When you say you haven't paid the last 6 months ??? do you mean the mortgage payment or the arrears payment?

 

Just out of interest - who turned up at your work regarding a debt?

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The mortgage payments havent been made. It was Duncton who turned up at work.

 

Did they come to reposses your car?

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I hope you reported them!

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OK, firstly do you have any documentary evidence to support the offer on the house

 

Secondly - you will need to enter an N244 at court to get a hearing to stop the eviction - we can help you with that and you will have to attend the hearing.

 

What reason are you going to give the court for not making payments for the last 6 months?

 

You will need to enclose a budget sheet to the N244 so the judge can see how you will make payments going forward (until the house sells). I have affixed the one we normally use in these cases (it calculates automatically as you fill it in). Let me know when you have done that and how much you have left over each month to pay towards the arrears. We can then move on to the N244 application.

Budget Sheet.xls

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I dont have any documentary evidence. Its verbal. I cant instruct solicitors until The buyer is in a position to move forward.

 

As for the last 6 months. I can only tell the truth, Ive wrongly paid non-priority debts. Ive realised my error which has brought me to this position and I need to put it right. Will the judge accept this?

 

I'll complete the budget form now.

 

Many thanks for your help.

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We can word the statement for your N244 to reflect that you were pressurised by your unsecured creditors to pay them instead of your mortgage. I'm sure if you can make reasonable payments towards the arrears you will be ok.

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OK, can you can afford to pay £330 extra? - it seems a lot, are you sure you have accounted for everything? If you'd like me to look over your budget sheet you can email it to me at [email protected] (there's no space between the c and o, the website just shows it like that for some reason). Let me know if you have emailed it so I can look out for it.

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I need to log off now as I have to be up early in the morning - are you able to get online tomorrow morning? we could get the N244 done then

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Hi did you take the space out between the c and the o in the email address ?

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It still hasn't come through.... can you try again?

 

Meanwhile I will try and draft a statement for the N244 - do you have access to a printer? when would you be able to take the form to the court?

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Excellent - I'll draft up the statment and post on here this afternoon - I can also affix an N244 if you haven't got one, together with instructions for completing.

 

Still haven't received the email with the budget sheet - could you scan and post on this thread (taking out your name and any other references). I can als

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Hi, I've received the budget sheet and replied to your email - once you answer that email I will put the statement on here.

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Hi, affixed is the statement to go with the N244 you need to fill in the information where there are XXX's at the top of the statement (the information will be on the eviction warrant) - read it through carefully to make sure all the info is correct and to fill in the amount you are offering towards the arrears where it shows £XXX in the statement.

 

When you print it out the printer needs to be set for A4 paper (not Letter size) so it all fits on one page. Write the claim number on the top left hand corner of the Budget Sheet and Appendix 1 on the top right hand corner

 

These are the instructions for completing the N244

1.Your name

2. Tick Defendant

3. Cancellation of eviction

4. No

5. Tick at a hearing

6. 15 minutes

Agreed by all parties: No

7. Write - Not applicable

8. District

9. Both Parties

10. Tick box for attached witness statement

Cross out all options except The Applicant Believes

Sign and cross out all options except Applicant

11. Sign and cross out all options except Applicant. Enter your address and contact details.

 

 

Now assemble as follows:

 

N244 - signed

Statement - Signed

Budget Sheet - Appendix 1

 

This forms the pack to take to court. Make sure it is stapled securely together. Before handing in to court take a copy of it all for yourself to refer to in the hearing. When you hand it in to the court you will need to pay a fee of £40 and it will have to be in cash (take the eviction warrant with you). They should be able to give you a date for the hearing while you are there – also ask them if they have any duty legal reps who will be there on the day of your hearing – if you approach them about your case when you get there on the day they can accompany you into the hearing and speak on your behalf.

 

I won't be on line between 4.30 and 10pm tonight but will check in when I get back

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You should be able to get a hearing before Tuesday and I'm sure it will be OK. I've just realised I forgot to include in the statment that you have two dependent children. I have amended and affixed here - hope you see it and are able to print off.

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