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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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Phoenix and ctax debt - threat of visit


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Myself and my partner are in the process of sorting a DRO .

Phoenix Collections have been bugging me for a Ctax debt of 250 quid and i have told them that i am in the process of sorting a DRO, all correspondence has been by recorded delivery.

 

This morning a letter arrived to say they shall be sending somebody out etc .

I have previously dealt with them with an old CTAX bill which i paid in full.

 

With the previous debt they were let into the property but didnt add up any goods etc but the debt was paid.

 

my question is

Do they have a right to enter my property now as its a new debt ?

or does it not matter as they have been in with a previous one

 

Slightly confused , they just wont back off

Edited by dx100uk
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No they dont have right of entry no

 

Why are you going for a dro?

Hope you are not including debts owned by dca's in that without checking enforceability first?

 

Why dont you speak directly with the council?

Its on [or was!] £250

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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We have had to sort a DRO as debts are getting well out of control , im now a carer for my partner who also had 3 heart attacks last year so finances are not the greatest , so was advised by CAB and stepchange to do it.

 

I have contacted the council and they dont seem to care.

This council tax debt was included when i filled out the relevant paperwork for the DRO, just waiting back to hear from the step change/insolvency service, the 2 x £90 fees have not been paid as yet

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What are the debts other than Council Tax; are any "owed" to a DCA? Those might be unenforceable

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Do the council know about the dro

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... 

Link to post
Share on other sites

Myself and my partner are in the process of sorting a DRO .

Phoenix Collections have been bugging me for a Ctax debt of 250 quid and i have told them that i am in the process of sorting a DRO, all correspondence has been by recorded delivery.

 

This morning a letter arrived to say they shall be sending somebody out etc .

I have previously dealt with them with an old CTAX bill which i paid in full.

 

With the previous debt they were let into the property but didnt add up any goods etc but the debt was paid.

 

My question is, do they have a right to enter my property now as its a new debt or does it not matter as they have been in with a previous one.

 

Slightly confused , they just wont back off

 

Firstly, I am sorry to hear of your husbands ill health.

 

As the previous debt has been paid off, this new one is considered an entirely separate debt and the enforcement agent may only gain entry into your property by what is called 'peaceful means'. By this, he would need to be invited into the property or alternatively, be able to walk into the house through an unlocked or open door.

 

What letter have you received? Is it called a Notice of Enforcement? If so, there will be a 'cut off' date by when either full payment or a payment arrangement needs to be set up by. This period of time is called a 'Compliance' period. What date is given on the notice?

 

Is the council tax debt in your name or your husband's?

 

Do either you or your husband have a car outside of your house?

 

PS: Until the Debt Relief Order has been approved, enforcement can indeed continue but I will come back to this once I have read your reply.

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The council tax bill is in both of our names, we have both applied for individual dro .

 

The letter i have received is titled "Final Notice" they say that i have failed to respond to the notice of enforcement , though i have sent them to recorded delivered letters.

 

On the rear of the letter it has a "Warrant Date" is that the date of the notice of enforcement?

 

I have no problems with dealing with them on my doorstep as i know they will turn up with there bullish antics like they did with the previous debt. Sadly that time i was not aware of what actual rights they had and the rights that they say they had etc

 

Council have been informed about the DRO

 

We do have a £300 banger parked in the communal carpark , sorry for the extra posts cannot work out how to edit my post to add these bit

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We have had to sort a DRO as debts are getting well out of control , im now a carer for my partner who also had 3 heart attacks last year so finances are not the greatest , so was advised by CAB and stepchange to do it.

 

I have contacted the council and they dont seem to care.

This council tax debt was included when i filled out the relevant paperwork for the DRO, just waiting back to hear from the step change/insolvency service, the 2 x £90 fees have not been paid as yet

 

Hi there,

 

I'm a broken record on this. Ringing the Customer Service will get you nowhere. Below is how to put a rapid end to this matter.

 

Email / Call your local councillor / elected head of council My words would be along the lines of.

 

'Dear xyz,

 

The council is still using bailiffs to recover our £250 council tax debt. This is despite me explaining repeatedly to the customer service department that my partner has had 3 heart attacks this year, and that any any added stress could cause another.

 

I trust that you will deal with this issue and remove the bailiffs from this case immediately.

 

I am happy to supply any GP /Consultant notes as necessary.'

We could do with some help from you.

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 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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But until the DRO has been approved, it is merely just a proposal.

 

Given the you AND your husband are named on the council tax bill, I would suggest that Phoenix Commercial are made aware of his ill health.

 

You mention that you are a Carer for your husband. I am assuming that your husband has been awarded the necessary benefits. Have you been awarded Carers Allowance?

 

Have you actually provided documentary or medical evidence to Phoenix Commercial regarding your husband? And if so, when was the evidence provided?

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Do as I said above.

My circumstances were similar to your's in that my wife had been very ill.

I offered medical records, GP letter etc but the whole thing was cancelled without me needing to provide anything.

By all means copy Phoenix Commercial in on the email but they will only respond when the council tell them to get off you.

 

Google your local Council's code of practice too.

It should clearly state that they will not pursue anyone who they consider vulnerable, there is no doubt that a triple heart attack falls under that description. I did mention that in my email too.

 

FYI it took less than 24 hours for the Bailiffs to be called off.

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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