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    • 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.              
    • 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...
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secured loan not registered at land registry


Minney
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Hi Everyone:)

 

I've been discusing some issues i have in the ppi section of the forum with 'Hellhasnofury' and she has very kindly directed me to this section of the forum to pose a question to you guy's and girls, if you don't mind having a look at it for me;) Any help would be very much appreciated

 

We took out a secured loan from Firstplus on 07/06/2005 and on 16/10/2005 we was about to complete a re-mortgage but found that Firstplus had this loan still pending at land registry some 4 months after taking it on, of which I had already alerted them to this some month earlier when we had first began the re-mortgage as they had charged us £125 for a deed of postponement but we asked for this money back as we had found it not to be even registered so they were well aware of the situation at this stage.

 

 

Then we had a letter from our new mortgage company advising us that, to date our solicitors have failed to complete registration at the land registry and that they had writen to the Firstplus solicitors asking that they attend to this immediately and that if this matter was not resolved promptly they were going to submit a claim on 'our' title insurance and if we had no title insurance (which i don't even know wot it is) so i take it we didn't have it.. then they would instruct another firm of solicitors to take all appropriate action to rectify this situation and that all cost incurred in resolving this matter would be ultimately 'our' responsibility. So we panicked and phoned our mortgage solicitors, they said they had writen to first plus on numerous occasions but were ignored.

 

So i phoned first plus again and was really angry with them as they had been made aware of this situation by myself on at least two other occasions and they should never have put us in this situation as this strong worded letter that we had received from our new mortgage company was frightening to say the least and we could have ended up with huge costly solicitors bills, if I hadn't of intervened to sort this mess out. Then and only then, they started sorting it out at land registry or as we thought:???: but they had taken it off and must have forgot about it cos we have since found out from land registry that it was only registered on 22/02/2006 but we consolidated this loan on the 16/02/2006 for a further advance with them:???: We were appauled at how they had dealt with this matter:evil: and now we have the transcripts you can clearly see from internal coversations how they were flying around in panic to get this loan registered or sorted when we put in for the further advance.

 

I would love to have known how we stood legaly with Firstplus as this is a secured loan but remained un-registered at land registry until we went for the further advance?

 

Sorry for the length of the post peeps:)

 

Thank you in advance for your help

 

Kind Regards

 

Minney.x

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Hi Everyone:)

 

I've been discusing some issues i have in the ppi section of the forum with 'Hellhasnofury' and she has very kindly directed me to this section of the forum to pose a question to you guy's and girls, if you don't mind having a look at it for me;) Any help would be very much appreciated

 

We took out a secured loan from Firstplus on 07/06/2005 and on 16/10/2005 we was about to complete a re-mortgage but found that Firstplus had this loan still pending at land registry some 4 months after taking it on, of which I had already alerted them to this some month earlier when we had first began the re-mortgage as they had charged us £125 for a deed of postponement but we asked for this money back as we had found it not to be even registered so they were well aware of the situation at this stage.

 

 

Then we had a letter from our new mortgage company advising us that, to date our solicitors have failed to complete registration at the land registry and that they had writen to the Firstplus solicitors asking that they attend to this immediately and that if this matter was not resolved promptly they were going to submit a claim on 'our' title insurance and if we had no title insurance (which i don't even know wot it is) so i take it we didn't have it.. then they would instruct another firm of solicitors to take all appropriate action to rectify this situation and that all cost incurred in resolving this matter would be ultimately 'our' responsibility. So we panicked and phoned our mortgage solicitors, they said they had writen to first plus on numerous occasions but were ignored.

 

So i phoned first plus again and was really angry with them as they had been made aware of this situation by myself on at least two other occasions and they should never have put us in this situation as this strong worded letter that we had received from our new mortgage company was frightening to say the least and we could have ended up with huge costly solicitors bills, if I hadn't of intervened to sort this mess out. Then and only then, they started sorting it out at land registry or as we thought:???: but they had taken it off and must have forgot about it cos we have since found out from land registry that it was only registered on 22/02/2006 but we consolidated this loan on the 16/02/2006 for a further advance with them:???: We were appauled at how they had dealt with this matter and now we have the transcripts you can clearly see from internal coversations how they were flying around in panic to get this loan registered or sorted when we put in for the further advance.

 

I would love to have known how we stood legaly with Firstplus as this is a secured loan but remained un-registered at land registry until we went for the further advance?

 

Sorry for the length of the post peeps

 

Thank you in advance for your help

 

Kind Regards

 

Minney.x

Please!!! could someone just have a quick look at this for me;) it would be soo very much appreciated;)
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If a charge by way of legal mortgage is not registered it takes affect in equity. This means it could be enforced by creditor against the debtor but if the debtor then subsequently took out a second charge which was registered, the second charge would take priority in the event that the house was sold or repossessed leaving the first charge vulnerable if the debt exceeds the proceeds of sale.

 

If the second charge was also not registered, that too would take effect in equity. The rules on priority in equity are that the first in time prevails and so the first charge would take priority.

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Hi Zootscoot,

 

Thank you soo much for taking the time to reply to my post, it's very much appreciated;)

 

My Mortgage company has the first charge and Firstplus have the second charge but we had taken a further advance with them (Firstplus) 8 months later and they had not registered the first loan we had, until we advanced some 8 months later and just wondered how we stood with it all, say for instance, if we hadn't of done the advance? and it still wasn't registered at land registry?

 

Thank you once again

 

Minney.x

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