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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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Mortgages 2 Has Started Court Proceedings to Repossess My Home


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I was unable to pay the mortgage for about 10 months, but then I got a new contract and was able to set up a standing order which was larger than the statutory amount. I decided to pay this larger amount in order to gradually reduce the size of the shortfall in a way that I could sensibly afford.

 

Prior to my first default I was actually overpaying over a number of years, so that my 10 months gap was actually only 4.6 months on the balance sheet (this is acknowledged by the lender).

 

I have already given Mortgages 2 my assurance, several times, that I will be able to overpay them every month over the full term of the mortgage. Despite this they have started legal proceedings to repossess my home.

 

The really odd thing is that they started their proceedings against me after I had set up my standing order to pay them more than I needed to!

 

They have now had 3 uninterrupted monthly payments and still have not stopped proceedings. They are using Moore Blatch and the court case is in early July.

 

Mortgages 2 are no longer in the mortgage lending business, and are obviously keen to recover all of those pesky mortgages and get their hands on the money for whatever new venture they have up their corporate sleeves.

 

My defence is based on exactly what I have told you here. But what can happen? Will a judge really allow me to be made homeless when I'm regularly paying a larger sum than I need to? This is crazy!

 

 

Does anyone have any views on this?

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If you are able to prove you have made overpayments and can continue to do so, there is no way a judge will allow the property to be repossessed. Please read the link in the post above and then come back if you need any further help.

It would be a good idea to write to them stating how disappointed you are that they have decided to bring repossession proceedings when you had already reached a payment arrangement to clear the arrears. If you need help with the letter please let me know and I'll be happy to draft one for you.

You can then add a copy of the letter to your defence so the judge can see that you were already in discussions with them and had made an arrangement which you have stuck to.

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Thanks for getting back to me.

 

I can produce evidence that I have been making payments over and above - from my bank statements, etc. That's easy.

 

The problem is that they will say that they never agreed to this. So that this isn't a formal arrangement!

 

Mortgages 2 are a funny lot.

They refuse to use email.

Instead they phone me up a lot.

 

I had already asked them NOT to phone as my mum was in the last stages of Alzheimer's in a care home and a phone call would signify the worst.

everyone else agreed not to phone me (including friends) and use email instead, but Mortgages 2 insisted on phoning.

 

I had to block their number.

I think they took issue with that.

 

There was never an actual agreed arrangement.

I just gave them my word and they said they wanted a list of income and expenditure which was impossible for me to supply because my income was not fixed, as I am self-employed.

 

Another matter:

I was dealing for years with a company called Mortgages plc.

what it said on their letterhead.

 

But now I'm being taken to court by a company called Mortgages 2

Presumably they are trying to pass themselves off as the same company

Will the judge be impressed by this, I wonder?

 

A third matter:

Mortgages 2 is not in the mortgage lending business any more.

They do not provide mortgage lending and have not done so for a number of years.

Therefore I think that they will use any excuse to repossess their customers' properties in order to re-liquidate their assets.

 

If only us pesky people hadn't taken out a mortgage with them in the first place!

 

So it's a bit unusual for several reasons.

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What, in just three months?

 

No. But the money I am paying over and above the statutory monthly repayment is designed to do exactly that and will reduce the outstanding arrears amount to zero in about 30 months.

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Just for the record, I attended the repossession hearing today at my local court.

 

The lender's request for repossession was thrown out (the judgment was "suspended").

 

It is ironic that today was the very day that my third consecutive OVER payment went through to the lenders.

 

I showed the printout of my bank statement to the lender's counsel and to the judge.

 

Would you believe that the lender, Mortgages 2 Ltd (aka Mortgages plc) would not believe that the money went through as

- in theory

- it takes 24 hours to clear.

 

The judge was fairly convinced, though!

 

So thank you, Ell-enn and other CAGgers who correctly predicted this outcome.

Edited by dx100uk
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well done

now get an sar running to them and get back any unlawful fixed fee penalty sums and any stupid extra insurances and PPI they made you take out.

the only thing that must be inplace is building ins

and if you already had that they cant charge you for 'theirs' 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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Thanks dx100uk.

 

Would a SAR be appropriate?

They did say they'd charge me £35 each for each month that went by without an agreement being in place.

But I believe that they refused to put an agreement in place

(in other words, agree to my agreement to overpay them every month)

so they could charge me this amount every month.

 

But if their small print says that they are allowed to charge me £35 every month that the agreement was not mutual, then surely that means they are justified in charging that.

 

How do I justify getting that back?

OR are ANY such fines defined as "unlawful fixed fee penalty sums" as construed by consumer law?

 

If that is the case then how could they possibly justify charging them in the first place?

 

(I'm a bit confused here!)

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fines no unlawful penalties under FCA rules

arrears fees

letters fees

phone call fess

debt management fess

all need to be removed from the outstanding balance & at THEIR int rate compounded too!

 

any fixed sum [£20,£35 etc - its a fixed sum not varying ..so MUST be a penalty] are considered unlawful.

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 done, you must be be very relieved :)

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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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I wouldn't go antagonising them just yet...they will still be licking their wounds...let the dust settle and stick to your agreed monthly payments.

 

 

Andy

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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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But not when you have just avoided a Repossession Order :wink:

We could do with some help from you.

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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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I was told that the order was suspended. As I wrote in my earlier post, the judgment was "suspended".

 

 

So that means I get to stay in my home and that the lenders, Mortgages PLC, lost their case.

 

 

As far as I'm aware, that's what it means.

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There is no Judgment.....its an Order and the Order can either be dismissed or suspended......suspended as long as you maintain the agreed payments...if you default then the claimant has provision to take it back to court.

 

There are Outright Possession Orders.....the court has decided that your mortgage lender can repossess your home.

 

Repossession Orders .....which can be suspended providing you stick to the agreement set by court

 

Money order......This means that you have to pay the lender the amount set out in the order.If you don’t make these payments money could be deducted from your wages or bank account

bailiffs may take away things you own

 

Possession order with money judgment.....A money judgment is usually added to a possession order. It means you owe a specific amount of money usually made up of:

 

your mortgage arrears

court fees

your lender’s legal costs

 

 

A money judgment won’t apply if: you pay your mortgage arrears and any amount set out in a suspended order

We could do with some help from you.

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In short a suspended order means that the repossession is put on hold as long as you keep paying in line with what is agreed in court. Although if you miss just one payment or even make it a day late, then the lender can apply to the court for an eviction order without a further hearing, as you had broken the terms of the suspended order - you would then have to apply to the court to have the eviction stopped.

 

 

The paperwork from the court will most likely state that The Order for Repossession has been granted BUT is suspended on terms i.e. that you make payments of xxx each month in addition to your contractual monthly payment.

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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  • 2 weeks later...

dx100uk, Hi. I got a response from Mortgages PLC today saying that they don't think that the signature in my SAR letter is mine because, according to them, "the signature/s provided do not match our records".

 

Well, that's a new one! I have a copy of the original mortgage agreement and a copy of the SAR letter and it seems to me to be incontrovertible that they are by the same hand.

 

They go on:

 

"Under the General Data Protection Regulation we are entitled to a period of one calendar month in which to provide the information. The one calendar month period does not begin until we receive the following:

 

"Proof of identity [as cited above]. An original or certified copy of a passport or driving licence is acceptable."

 

Cheeky monkeys! Are they right, do you think? And what does "certified" copy of a passport mean?

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Typical...id send them a copy of any of their court papers

They cant argue its you then!!

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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