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    • Should this to be take into court with him or should he send something in earlier?
    • 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.              
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Currently on a DMP with opportunity to clear debts – Help Needed!


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Hi all I am after some advice.

 

I am currently on a DMP through Step Change and I have been paying £422 a month for about 3 months now.

 

I am due to inherit some money so I want advice on paying the debts or ‘settling them’ as I have seen in previous posts. Full and final is what I have seen crop up a lot.

 

The balances are as follows;

 

£27,814.00 – Sainsburys Loan showing as ‘1 month late’ on my credit report

£2,265.00 – Halifax Overdraft

£2,028.13 – Halifax Credit Card

£3,826.00 – MBNA Credit Card showing as ‘1 month late’ on my credit report

 

I have seen posts about offering 20% to each firm, can someone point me in the right direction for templates ect. or advise what I they recommend I should do.

 

If I can get them all settled and get myself off the DMP how long will my credit file be effected for?

 

Thanks, Sam

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are they still owned by the original creditors

or are they sold to DCA's.

and are any of the debts defeulted

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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well I don't think the late payment will hurt you much

 

 

if theres no PPI or anything like £12 penalty fees to reclaim

there are letters in the debt collection library section.

 

 

original creditors don't usually give much of a discount for F&F's.

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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They are all aware that you're in a DMP, and have stopped all interest?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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When did you take the credit cards out?

 

The Halifax overdraft, how much of it is fees/penalties?

Have you reclaimed these?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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OK,

 

Well IMO negotiating a F&F figure is going to be difficult, your CRF will be marked for the next six years anyway, and unless they are going to mark your files as settled offering a F&F then I'd be mindful of putting the money to a better use.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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http://www.consumeractiongroup.co.uk/forum/showthread.php?387498-Mortgage-shortfalls-Full-and-final-settlement-letter-**Correct-as-at-October-2013*

 

 

you want the debts marked as settle NOT partial settlement

or the account removed completely.

 

 

PS is as good as a default.

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 referred samdon1988 to this forum as it helped me out no end in the past when I had similar debt amounts and sorted them all out.

 

So from chatting I mentioned to Sam that the debt management plan will go on forever and a day and lenders could add defaults in the meantime anyway and that may be in 2 yrs time. So either way he is going to have a bad credit file for a while.

 

Why not just use the inheritance to clear the file and pay off as much as possible so he can start a fresh. The inheritance will clear 20% of debt in total so my suggestion was to offer full and final, yes be mindful that it will not be great on credit file but its the debts gone.

 

Is this a suitable plan? When you say mindful of putting money to better use, what other options do we think he has?

 

I can see the Sainsburys loan is the big issue here, any experience with them accepting a full and final at all?

 

Thanks

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when they are with the oc's you get very little leeway on F&F

but always worth a try

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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OK, all mine were with the original lender and I got between 15 and 20% F+F. This was back in 2010, have things changed alot since?

 

I am not a fan of the debt mgmt, as far as I can see they can go on forever and once at the end of them then there is still another 6 yrs after that to sort out a credit file. Also with risk of default etc and debts being sold on in the meant time.

 

What other options are on offer here to clear things? Does he have to wait for debts to be sold on for it to be a better F&F.

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15-20% is better that awaiting DCA's to buy them

and by then typically they are defaulted.

did your get marked settled

or partial settled?

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

I am not a fan of the debt mgmt, as far as I can see they can go on forever and once at the end of them then there is still another 6 yrs after that to sort out a credit file..

 

The file should be defaulted already, they can't enter into a DMP, then at the end of it simply 'default' the credit file.

 

If flogged onto a DCA then the offer of a F&F payment is advantageous to them, as they will have paid as little as six pence in the pound for them.

 

When it is with the OC, you're more likely to be able to agree a token payment with them until things either improve, or they get bored and flog it on as a toxic debt.

 

All debt mgmt does is reset the limitation period with each payment.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I asked for my own to be full and final and settled. Now all dropped of credit file. Barclays wouldnt play ball so that defaulted, now gone from file but I pay them £1 a month and have done for 8 yrs, I just get statements every 12 mths with another £12 off the balance. Not been sold on, perhaps it will in the future.

 

When you say reset the limitation period, what does that mean specifically?

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can never become statute barred

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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So if thats the case then is it better to go into default hide away for a few years then offer some money to clear it later down the line, or perhaps just take the hit and move on....

 

Thats why I dont love the debt management scheme, bad credit anyway and paying them all off.

 

I must add at this point though, not paying debts is not a good thing but if its too much to handle then a happy medium should be found, i.e. full and final settlement, at least both lender and borrower have agreed.

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