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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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Lowell/bw claim form - old SimplyBe JDW CAT 'debt'***Claim Discontinued***


blacksofa
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:thumb: Not all claims require a Skelly

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All posted, special signed for delivery by 1.00 pm tomorrow. Next stop Skeleton Argument bullet points. Probably going to have the evening off!

 

Edited: Sorry Andy I posted the above before I saw your post.

 

 

I thought a Skeleton Argument was sort of my notes on the WS

- bullet points - to remind me of my main arguments?

 

 

At the moment I feel like I have read through that WS so many times that I'll be able to recite it

- but that will probably change in front of a judge!

 

 

What do you mean that not all claims require one?

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Probably going to have the evening off!

 

Can I also :wink:

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Think you definitely deserve it Andy. I edited my earlier post but probaby too late for you to see it.

 

What do you mean that not all claims require a skeleton argument?

 

Was mulling it all over on the way to the Post Office

 

 

- my main legal arguments are (?)

Hearsay on their part,

Statute Barred,

No Default Notice,

lack of compliance with CCA/CPR requests (back up of suspect documentation)?

 

 

If the judge decides to go down the 'probabilities' route

then the probability is that with their hearsay documentation,

reconstituted agreement, terms, letters and very generic list of transactions, and a claim of a default notice which appears to not exist, that debt (if it exists) could belong to almost anyone.

 

 

Also there is a probability that,

realising the imminence of statute barred for this alleged debt,

they decided to have a last ditch effort to pursue the debt,

and recoup far more than they paid for it when they purchased it,

even though they were outside the statute barred timescale.

 

 

Am I on the right lines here, or is that too inflammatory?

 

Which reminds me...

I keep forgetting to say this,

but the debt has dropped off my noddle account at the latest monthly snapshot yesterday.

Wish I had remembered to say that earlier.

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of no importance

just means the default reached its 6th birthday

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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Have been so focussed on the WS that I just realised I don't really know much about the potential outcomes of all of this!

 

from what I can gather, the possible outcomes:

 

Discontinued by Lowell/BW before the date

 

On the day:

If they don’t turn up – dismissed/struck out (is there a difference) or ruled in my favour?

 

If they do turn up: dismissed/struck out; ruled in their favour; ruled in my favour

 

If dismissed/struck out/discontinued or in my favour, can I claim costs and if so do I have to prep this in advance?

 

Don’t want to spend time on it in advance unless I have to

, or if there is a real advantage,

 

as if I lose

, I will feel that I have given them even more!

 

I have had a look at a few threads re costs, but they mainly seem to be quite old.

 

There are references to special court forms for this,

but also some people seem to favour simply an itemised statement/list to take to court.

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Its small claims costs are fixed already in their POC

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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Share on other sites

Have been so focussed on the WS that I just realised I don't really know much about the potential outcomes of all of this!

 

from what I can gather, the possible outcomes:

 

Discontinued by Lowell/BW before the date Unlikely given that they have prepared and served their WS

 

On the day:

If they don’t turn up – dismissed/struck out (is there a difference) One and the same or ruled in my favour? Hope so

If they do turn up: dismissed/struck out; ruled in their favour; ruled in my favour Correct

 

If dismissed/struck out/discontinued or in my favour, can I claim costs and if so do I have to prep this in advance? You have to ask the Judge best to have a rough figure ready

 

Don’t want to spend time on it in advance unless I have to

, or if there is a real advantage,

 

as if I lose

, I will feel that I have given them even more!

 

I have had a look at a few threads re costs, but they mainly seem to be quite old.

 

There are references to special court forms for this, Thats for Fast Track..your in Small Claims track

but also some people seem to favour simply an itemised statement/list to take to court.

Correct

 

Andy

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Thanks for the replies DX and Andy.

 

DX - are you saying that I can only claim the same figure as they have indicated in the costs section of their POC?

 

Edited... they have listed £50 legal representative fees. Is that the amount I can claim? I think I'll be over that with stationery, postage, and travel/parking expenses alone, or can I not claim them?

blacksofa

Edited by blacksofa
Added some numbers!
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Thanks for the replies DX and Andy.

 

DX - are you saying that I can only claim the same figure as they have indicated in the costs section of their POC?

 

blacksofa

 

No...thats the fixed fees for the claimant costs for issuing the claim......if they win they can ask for further costs.....which is at the discretion of the Judge.

We could do with some help from you.

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No...thats the fixed fees for the claimant costs for issuing the claim......if they win they can ask for further costs.....which is at the discretion of the Judge.

 

So I can claim postage and stationery costs then (with receipts) and mileage? and car parking?

 

What about this hourly fee for LIPs that I have read about (£18 or £19), Can I also claim under that? I don't think I could put on a claim for the actual number of hours I have spent on it, as that comes into £100s.

 

I have read that the max that can be granted by the judge is 2/3 of that which would be payable to a solicitor dealing with the case for you.

 

Any ideas on what a realistic figure would be?

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And also £90 for a days work if you have to take a day off....have a rough tot up and you give me a figure your thinking of ?

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And also £90 for a days work if you have to take a day off....have a rough tot up and you give me a figure your thinking of ?

 

OK Andy, will do, either later tonight or over the next few days (back to work tomorrow). I have read somewhere mileage = 40p per mile - is that still correct?

 

Not sure about the day off work issue - I have booked it as annual leave, so don't know if I can claim for that - bit miffed I have had to lose a day's leave though. (£90 a day would be nice, but I'm in the sticks and working in Adult Health and Social Care, so £60 is more like it!)

 

Blacksofa

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Yes as far as Im aware...40p per mile

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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  • 2 weeks later...

So... came home from a long early shift at work, planning to spend the afternoon/evening writing out my skeleton argument and my expenses, to find a Notice of Discontinuance from BW.

 

 

Have rung the court and they have received their copy,

the case has been removed from the hearings list on Friday

and moved to the 'Dead Zone' which made me snigger.

 

Enormous thanks to DX and Andy for your help.

There is no way I could have achieved this without it.

Pay day on Thursday and although it won't be huge,

I will be making a donation.

 

Drinking coffee and eating doughnuts whilst humming 'Fanfare for the Common Man'!

 

Blacksofa

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no Lucky Man...know the album well

 

 

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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Share on other sites

Well done Black....I guess the Witness statement was worthwhile.

 

Thread title amended to reflect the result........delighted for you.

 

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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