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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...
    • 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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Rossendales AGAIN BUT THEY ARE BREAKING THE LAW (and so is the Council)


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Hi all

Got an email from a colleague who checks my place every so often for mail etc while I am away working abroad.

 

There was a note from Rossendales demanding around 600 GBP for Unpaid Council Tax -- No Invoice or breakdown just a badly computer generated form with an amount to pay.

 

Now I've already TOLD the council I will NEVER EVER deal with these CHEATS, LIARS and EXTORTIONERS again ( I've had problems with this lot in the past with Unallowed Fees added to bills) so they have it on record that

 

1) I am away,

 

2) I will NEVER EVER pay ROSSENDALES a single cent and 3) the law explicitly states WHAT CHARGES BAILIFF's can add for council tax -- they've added nearly 100 GBP to the outstanding bill.

 

The law also says I don't have to deal with Bailiff's AT ALL if they can't get in to the property legally.

 

So can I tell the Council that I'm not even going to pay the 1st and 2nd visit charges as they KNOW there is nobody at home so a Bailiff visit is in any case a waste of time.

 

The video recorder at my place didn't record ANY bailiff visiting -- the mail apparently arrived by "Standard Royal Mail" so what "Charges" are ROSSENDALES looking at.

 

I'm also going to see if I can get SOMEONE prosecuted here -- the person who authorized Rossendales in the first place is a good start and perhaps the bailiff himself for a) not providing a proper invoice and b) for attempting to collect unauthorized charges.

 

I'm not trying to get out ofd paying Council Tax but I REFUSE TO PAY ROSSENDALES ANYTHING in any shape or form even the "two visits" when the Council KNOW there is nodody at home currently.

 

I'll even go to court on this one --it's about time ROSSENDALES was stopped in its tracks AND the council officials who authorize the use of this firm were also brought to book.

 

Cheers

jimbo

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jimbo45,

 

Have you got your MP involved?

 

Might be worth sending an adapted version of this to:

 

eric.pickles@communities.gsi.gov.uk

 

Dear Mr Pickles

 

I wish to raise some serious concerns about my Local Authority, '[YOUR COUNCIL]’. Though my complaint is directed against this council I realise that all Local Authorities have the same policies regarding Council Tax enforcement and their bailiffs.

 

The mafia style operation – which Council's, LGO, Magistrate's courts, Police and private bailiff firms are all a party to – leave those affected by the council's systematic fraud with no means of redress.

 

In my [sTATE NUMBER OF WEEKS, MONTHS OR YEARS] battling for justice regarding a number of [ATTEMPTS or ACTS] of fraud by my council and their bailiffs 'Rossendales', I would now like to hear what the Government's thoughts are on this.

 

My main grievance is of course how this mafia style operation has been allowed to continue all this time. Secondly, the Police instinctively turn a blind eye to accusations of fraud, frequently dismissing them "as civil matters". This view however, is contrary to the Fraud Act 2006 and Baroness Scotland of Asthal in the House of Lords on the 20th April 2007.

 

The obstruction you're met with when approaching the council on these issues makes you seriously wonder who is paying who's wages. There is completely no accountability and this is clearly demonstrated in the way the council deal with resident’s grievances through the formal complaints procedure.

 

It seems there’s no specific training given to investigating officers who deal with the complaints. Judging from the replies it seems as though there’s no supervision ensuring these complaints are taken seriously, which leads you to believe that having to deal with them is merely an inconvenience to be got out of the way as quickly as possible. There’s also a sense of arrogance and an inflexibility surrounding investigation findings; and of course, the council investigation itself obviously raises suspicions as to whether the process is really independent and transparent.

 

It seems only the council benefit from the procedure with complaints highlighting where possible future improvements could be made. The complainant sees no benefit from the process whatsoever and is effectively providing a service free of charge to the council.

 

Watchdog organisations such as the LGO and IPCC are part of a back covering operation put in place at massive cost to the tax payer and set up to convince the public that there is accountability when in fact they are a sham.

 

The automated complaints process with these organisations allow grievances to be dismissed if they don’t meet the rigid criteria to investigate, making the whole process inflexible and voiding thousands of legitimate concerns to the frustration of the complainants.

 

This is just a general outline of the issues that need addressing. I would appreciate a response advising how these issues can be progressed together with details of a postal address so future correspondence can be sent.

 

Yours sincerely

 

[YOUR NAME]

 

Edited by outlawla
kant cpel
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The video recorder at my place didn't record ANY bailiff visiting -- the mail apparently arrived by "Standard Royal Mail" so what "Charges" are ROSSENDALES looking at.

 

No charges bailiffs collecting council tax cant charge for letters sent by royal mail

 

they can only charge a visit fee if they attended your property

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I'm not pretending to protect them but isn't part of this your own doing. Regardless of excuse you will be taken to Court for non-payment of CT - after all liability comes down to just a yes or no answer. Surely you should have put in place a mechanism to make payment in your absence.

 

Of course this does not excuse the Bailffs behaviour and it does appear you have them bang to rights.

 

PT

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I'm not pretending to protect them but isn't part of this your own doing. Regardless of excuse you will be taken to Court for non-payment of CT - after all liability comes down to just a yes or no answer. Surely you should have put in place a mechanism to make payment in your absence.

 

Of course this does not excuse the Bailffs behaviour and it does appear you have them bang to rights.

 

PT

 

Hi there

I think you've missed the point here

 

I'm quite happy to explain to ANY COURT that I'M not trying to AVOID paying Council tax but about the ILLEGAL MEANS and ILLEGAL CHARGES that are being applied to the collection activity.

 

Of course the council has the obligation to use whatever means it feels fit to pursue collection BUT THESE MUST BE WITHIN THE LAW and by employing a Firm that is well known over the entire country for BOUNDLESS times of applying illegal charges the council itself is breaking the law.

 

It's not always possible to pay when you are working overseas and rarely have people visiting your property--- a load of "Outsourced" council dept use these wretched 0845 numbers --totally USELESS from outside the UK, won't deal with email and sometimes even the online payment service won't accept overseas payments.

 

I have NO FEAR whatsoever in explaining this to a COURT. As I said I'm not trying to AVOID paying the tax but REFUSE to be stung with ILLEGAL CHARGES especially by ROSSENDALES who are well known on this Forum as being basically just bullies liars and cheats.

 

Cheers

jimbo

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