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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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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Unpayable CCJ awarded against us.


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My wife and I have been struggling financially due to my being unpaid for the first 10 weeks of this year and this being followed by me being made redundant. Following this I was unemployed for 2 months, I have now found employment as a postman but my take home wage is approx £1,200 less than it used to be.

 

We are keeping up to date with all our priority debts, we have fallen behind with non-priority debtors, now we have written to other debtors and most of them have agreed our reduced payment terms, HSBC seem to be ignoring our letters at present.

 

My wife's Sygma card passed it onto Dryden Fairfax solicitors, despite our writing to both Sygma and Dryden Fairfax with our offer of reduced payment they decided to issue a CCJ. We filled out the forms supplied by the court and sent them a budget statement giving a detailed breakdown of our situation, our statement shown that we had £135 available to distribute amongst non-priority debtors which we did on a pro-rata basis, this allowed £3.20 per month for this account.

 

Today we had a letter back from the court stating that "The claimant has objected to the rate of payment you offered", it then states that the court has decided on a rate of £635.81 per month.

 

There is no possible way we can pay this amount, I have downloaded and filled in a N245 form offering a payment of £20 per month, we can afford to stretch to this.

 

Is there any other action I should/can take at this point ?

Should I send a letter with the N245 form asking how the figure of £635.81 was arrived at and then explain our current situation ?

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630/mth seems a bit unreasonable re the amount owed re income!

you're doing the right thing re application. 20/mth = 9 years approx, seems alright. q is whether they will accept or not, and if not what court then decides to do.

Edited by Ford
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If they don't accept it I don't know what we will do, there is no way we can pay £630 a month, we have cut everything to the bone as it is.

How can a court expect people who are in financial difficulty to suddenly find that amount of money, if we had that much spare cash things would be a lot easier.

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know what you mean, seems as if court wants you to default!

is there any property? if so, beware that a charging order application may soon follow.

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fair point, if court didn't see your income and expend. usual procedure then is for them to come back to court with yes or no. if no, court then determines (which they did). anyway, you are sending the court one with your application. mind you, 3.20/mth prob wouldn't have been awarded as being unrealistic (52 years), although inst orders are always open to review/variation, and where property a charging order.

Edited by Ford
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I can understand that £3.20 was a low offer but to then convert that to £635/mth is unbelievable, I have no idea how they arrived at such a high figure, if we could afford that we could afford the approx £30 a month that is the minimum payment.

 

I can't find any template letters to send so will draft one myself explaining our situation and send that with the N245 form.

 

Is there likely to be an point in contacting the claimant directly to see if something can be sorted?

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Check the claim form you received from the court - it most probably says that the admission/defence form should be sent back to the solicitors (this happens a lot) - the court don't get to see your I & E, the sols just object to the small payments.

 

If you send your N245 to the court a judge will decide if your offer is reasonable based on your income and outgoing - I expect that your offer of £20 will be accepted.

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quite agree re #11 (crossed post), 630/mth is unreasonable to say the least, hence why mike suggesting maybe they didn't see your income/expend?

yeah can do a covering letter. send all to court.

outside of the instalment order? prob not unless able to offer a reduced lump sum in satisfaction, but would then need to ensure that judgment is deemed satisfied.

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Perhaps I should also ask the court if they saw our I & E and if not why wasn't it presented at the hearing.

Don't want to stir up a hornets nest but also don't think it fair representation if they didn't.

Edited by Postie166
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Check the claim form you received from the court - it most probably says that the admission/defence form should be sent back to the solicitors (this happens a lot) - ....

 

quite right, admission form says to send to address shown on the claim form as one to which docs should be sent. ie the sols/claimant.

defence form (if defending) goes to the court.

Edited by Ford
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- I expect that your offer of £20 will be accepted.

 

 

and so would I, start making the £20 per month to them now. Pay it via a method you get a receipt in case they refuse it and that wont go down well with the judge.

 

One good thing about a ccj, no more interest or penalties can now be added.

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There is a facility to send to first payment with the N245 form, we will send a cheque for £20 and make sure this paper work is sent directly to the court.

 

As you say the up side is no more interest or charges.

 

The frustrating part of this is that we communicated with Sygma and Drydens but they chose to ignore our efforts to find a solution and went ahead with a CCJ. :(

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Just checked the claim form and yes it says to send docs back to solicitors, so assuming then they didn't "bother" to pass the E & L on to the courts, that seems very immoral to me.

 

in general, for anyone doing an admission form perhaps send a copy to the court?

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That sounds like good advice, its seems solicitors can't be trusted.

 

seems like the thing to do. at least then court would be aware of def's income/expend no matter what sols do. but, it should be a matter of course anyway for them to advise court of def's IE otherwise how can court make a fair proportionate decision if claimant refuses offer and court has to decide without the IE. doesn't make sense!

Edited by Ford
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It has 14 days to dispute any redetermination, tbh its usually met with a c/o app......perhaps you should look into the history of its [DF] creation, it may give you some insight into why the court would not be aware of your proposal.

 

I'm new at this, could you please translate a few points for me

 

It= who does this refer to

Usually met with a c/o app

What is a [DF] and how do I trace its history.

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