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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?    
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    • 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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Bryan Carter has issued summons


Gary29
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I've just received court summons from Bryan Carter through the Northampton County Court for an outstanding debt on an Egg Card. We are currently on a Debt Management Plan with Payplan and have been making regular payments against this debt and continue to do so.

 

Can anyone offer advice on filing a defence?

If what we say helps you, then please tip the scales.:cool:

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I should point out that according to PayPlan our payments are being paid to Egg via Direct Legal and Collections. Bryan Carter are acting on behalf of Fredrickson Int who claimed the debt was sent to them to collect. As I haven't received any notification from Egg that the debt has been assigned to Fredrickson and neither has Payplan we have continued paying Egg through DLC.

If what we say helps you, then please tip the scales.:cool:

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Northampton is the DCA's head threat centre.

Its worth pointing out that Carter are notorious for sending out documents that look like they've come from a court, when nothing could be furthur from reality.

If its from a proper court, then it will give you various sections of advice/what to do/were to get in touch with etc...

No court would just demand the full amount off you just like that.

Thats not how the legal system works & maybe Carter should realize that :cool:

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I should also point out that the POC lists the claimant as Egg Banking PLC, but I can prove that EGG has been receiving regular payments through PayPlan at an amount agreed between themselves and Payplan.

If what we say helps you, then please tip the scales.:cool:

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Northampton is the DCA's head threat centre.

Its worth pointing out that Carter are notorious for sending out documents that look like they've come from a court, when nothing could be furthur from reality.

If its from a proper court, then it will give you various sections of advice/what to do/were to get in touch with etc...

No court would just demand the full amount off you just like that.

Thats not how the legal system works & maybe Carter should realize that :cool:

 

The summons does indeed come with all the other documents, I also tried phoning the helpline and it is Northampton CC.

If what we say helps you, then please tip the scales.:cool:

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Well in that case, it will (or should have) a section requiring you to fill in all i & e details....

If so, then include bills,clothes,food,travel costs etc...all classed as legal essentials.

Ive never known a court to require receipts for the amount of food you buy - or for any of them in my experience.

Therefore, im sure you can do the maths beforehand & easily just have a £1 leftover?

In the eyes of the law, you are deemed to be paying something ;)

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Well in that case, it will (or should have) a section requiring you to fill in all i & e details....

If so, then include bills,clothes,food,travel costs etc...all classed as legal essentials.

Ive never known a court to require receipts for the amount of food you buy - or for any of them in my experience.

Therefore, im sure you can do the maths beforehand & easily just have a £1 leftover?

In the eyes of the law, you are deemed to be paying something ;)

 

Oh but I have been paying them, Egg have been receiving monthly payments through PayPlan for several years.

If what we say helps you, then please tip the scales.:cool:

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Have you requested the CCA for this debt ?

 

Yes I did and I received a copy of the agreement with my signature on, which is what I requested when they first started threatening legal action. I haven't got a copy of payments received against the account though.

If what we say helps you, then please tip the scales.:cool:

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This just sounds like a case of Carter chancing his arm via Northampton etc...

If you are already re-paying an amount then it is crazy to have to repay someone else at the same time.

Carter & Northampton need to be made aware of this situation ASAP and if they dont want to know, then i would seek your own legal advice.

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We sent Bryan Carter a letter back in May, a copy of which is shown below. My apologies but it is a bit long;

 

Bryan Carter& Co Solicitors

14thMay 2009

 

reference: *********

Dear Sir/Madam,

 

This is in acknowledgement of your letter dated 12th May 2009, The contents of which have been duly noted.

Further to you stressing that County Court proceedings will be actioned by yourselves should I fail to make contact/stressing that proccedings are about to be commenced in regard to alleged sums outstanding and alleged owed by me on the above account,I remind you of Civil procedure rules protocols.

Nevertheless in my response to your letter please be advised of the following.

 

I put forward that you now have a requirement to provide me with;

 

1) A true copy of the executed credit agreement and any terms and conditions that applied to the account at the time of default and at the time the account was opened. Please note that a "true copy" as defined by the Consumer Credit Act will not be acceptable in this case, and a copy of the actual executed agreement, including signature, is required.

 

2) All records you hold on me relevant to this case, including but not limited to

 

1. A transcript of all transactions, including charges, fees, interest, payments and both the amounts of credit and any repayments made to the account.

2. Transcriptions of all telephone conversations recorded and any notes made in relation to telephone conversations

3. Where there has been any event in the account history over this period that has required manual intervention by any person, disclosure of any indication or notes that have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to the account held by me with Egg is required.

4. True copies of any notice of assignment and/or default notice or enforcement notice that you sent to me, with a copy of any proof of postage that you hold.

5. Documents relating to any insurance added to the account, including the insurance contract and terms and conditions, date it was added and deleted (if applicable).

6. Details of any collection charge added to the account; specifically, the date it was levied, the amount of the charge, a detailed financial breakdown of how the charge was calculated, and what the charge covers.

7. Specific details of the fees/charges levied by any other agency in respect of this account and a detailed breakdown of said fees/charges and what each charge relates to and on what date said fees/charges were levied.

8. A genuine copy of any notice of fair use of my data as required by the Data Protection Act 1998.

9. A list of third party agencies to whom you have disclosed my personal data and a summary of the nature of the information you have disclosed.

10. Copies of statements for the entire duration of the credit agreement.

 

I make this request to ensure that each party has equal footings which can allow action to proceed speedily fairly and without undue costs or waste of courts time,as defined within Pre-action Practice Directions -Protocols 4.6 of the Civil Procedures Rules.

I will give you 14 days to respond with the above,failure to comply will result in a complaint being made to the Court./In addition to the FOS for any breaches of OFT and CCA codes.This includes breaches as a result of initiating a Country Court claim where failing to provide or produce documents make litigation improper..

Specifically this relates to one or any number of the following;

 

* demand any payment on the account, nor am I obliged to offer any payment to you.

* add any further interest or charges to the account.

* pass/sell the account or outstanding balance to any third party.

* register any information in respect of the account with any of the credit reference agencies.

* issue a default notice related to the account.

 

Furthermore,I reserve my right to make a copy of this letter available for inspection to the Court and Financial/Consumer regulators should you fail to comply with this request.

I await your response,and should you need further clarification on any of the above points,then I suggest that you direct them to your legal department.

 

Yours Faithfully/Sincerely

**************

It took Bryan Carter until August to reply to this letter and they only sent the copy of the CCA, none of the other documants requested.

 

 

If what we say helps you, then please tip the scales.:cool:

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This Is Normal For Carter

 

He Will Not Even Oblige With A Cpr Request

 

Send One Again To Him By Recorded Delievery

 

You Have 14 Days To Acknowledge The Claim So We Will Use It

 

Message For Site Team

 

Do We Have An Up To Date Cpr For Carter

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You will need to edit this, send by recorded to the claimants solicitor and keep the receipt

 

 

Dear Sir,

 

Re: (Claimant's name) v (Your name) Case No:

CPR 31.14 Request

 

On (date) I received the Claim Form in this case issued by you out of the (Name) County Court.

 

I confirm having returned my acknowledgement of service to the court in which I indicate my intention to contest all of your claim.

 

[Prior to the issue of proceedings I had delivered a request for the production of the agreement mentioned in the Claim Form and on which you rely. That request was ignored][delete if no such request was delivered]

 

Please treat this letter as my request made under CPR 31.14 for the disclosure and the production of a verified and legible copy of [each of the following / the] document(s) mentioned in your Particulars of Claim:

 

1 the agreement. You will appreciate that in an ordinary case and by reason of the provisions of CPR PD 16 para 7.3, where a claim is based upon a written agreement, a copy of the contract or documents constituting the agreement should be attached to or served with the particulars of claim and the original(s) should be available at the hearing. Further, that any general conditions incorporated in the contract should also be attached.

 

2 the default notice*

 

* delete if not mentioned in the Particulars of claim.

 

[Although your claim is for a sum which is not more than £5,000.00 and will in all likelihood be allocated to the small claims track for determination upon my delivering a defence, at this moment in time I have not delivered my defence and the case has not been allocated to a track. In consequence the provisions of CPR 27(2) are of no effect and you should not seek to avoid compliance with your CPR 31 duties by claiming otherwise]#

 

# delete if claim for a sum exceeding £5,000.00

 

You should ensure compliance with your CPR 31 duties and ensure that the document(s) I have requested are copied to and received by me within 7 days of receiving this letter. Your CPR 31 duties extend to making a reasonable and proportionate search for the originals of the documents I have requested, the better for you to be able to verify the document's authenticity and to provide me with a legible copy. Further, where I have requested a copy of a document, the original of which is now in the possession of another person, you will have a right to possession of that document if you have mentioned it in your case. You must take immediate steps to recover and preserve it for the purpose of this case.

 

Where I have mentioned a document and there is in your possession more than one version of that same document owing to a modification, obliteration or other marking or feature, each version will be a separate document and you must provide a copy of each version of it to me. Your obligations extend to making a reasonable and proportionate search for any version(s) to include an obligation to recover and preserve such version(s) which are now in the possession of a third party.

 

In accordance with CPR 31.15© I undertake to be responsible for your reasonable copying costs incurred in complying with this CPR 31.14 request.

 

If you require more time in which to comply with this request you must tell me in writing. You must tell me before the time for compliance with this request has expired. In telling me you require more time you must tell me what steps you have taken and propose to take in order to comply with this request and also state a date by when you will comply with this request. In addition your statement must be accompanied with a statement that you agree to an extension of the time for me to file my defence. Your extension of time must be not less than 14 days from the date when you say you will have complied with my request and you must state the new date for filing my defence.

 

If you are unable to comply with this request and believe that you will never be able to comply with this request you must tell me in writing.

 

Please note that if you should fail to comply with this request, fail to request more time or fail to agree to an extension of time for the filing of my defence, I will make an application to the court for an order that the proceedings be struck out or stayed for non-compliance and a summary costs order.

 

I do hope this will not be necessary and look forward to hearing from you.

 

yours faithfully

 

 

 

CARTER WONT REPLY SO WE JUST THEN GO WITH AN EMBARRASED DEFENCE, THEN AS A NORM, CARTER WILL GIVE UP

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Just Me

Sorry

 

Ill Update Your Thread With A Cpr Request To Send To Carter If A Mod Does Not Do It First

 

Job's a good 'un.

 

If Bryan Carter sent me details of payments received, as requested, it would show that I have been paying them.

If what we say helps you, then please tip the scales.:cool:

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Carter Will Send You Nothing

 

He Never Does

We Then Use That Against Him In Court

 

It says in the above letter that I will file defence against the whole claim, in that case do I fill in the income/expenditure form?

If what we say helps you, then please tip the scales.:cool:

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You 1st need to find out if a proper court has sent you this document or not?

Its not unlike the industry to fake these things.

If it has come from an official court, then you need to contact them to inform them that you are already repaying & get advice from there....

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