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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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UK Credit Card Debt, but living in France


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Finally, we have come to this!

 

Work for me in france.... both legal and otherwise is drying up fast.

 

Now I have to make a decision whether to pay my french living expenses as priority (which is difficult enough now), or to continue to get paid where possible in UK to service my credit card accounts.

 

Struggling to get my french bank back into credit before 30 days, (a legal requirement), following paying a large bill, I have had to divert all funds away from my UK credit cards for the first time ever.

 

I failed to make the £200 minimum payment on 24th Oct (MBNA balance: £8000).... and now have received an e-mail asking for immediate payment of £415 (2 months) or for me to contact with my explanation for the non-payment.

 

HSBC are also phoning, I am guessing about the late payment of that card (28th Oct £160 late payment on balance of £6500)

 

I'm just a little scared and wondering what to do!

 

I am 62 and have lived in france since 1999.

 

HELP!

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Your UK banks will do nothing immediately, nor for several months really other than send threatening letters/emails & 'phone calls if they have your number.

 

These are non-priority debts and should only be paid what you can reasonably afford & if that's only a couple of pounds per month then so-be-it, even a judge would not order any more if it went to a CCJ.

 

Have there been any unfair charges added to these a/cs over the years & did they have any PPI?

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You need to contact your UK Credit Card companies straightaway to let them know of your situation. See what they say. They may be willing to help on a temporary basis.

 

Your current situation in France is more important than the UK cards, but perhaps these card companies will realise that unless you sort out your finances in France, you will not be in a position to make any repayments to them.

We could do with some help from you.

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Thanx for your reply.

 

Apart from the late fees (originally £25, but later reduced to £12), over the years I don't have any serious complaints.

 

Many times I have made a payment on-line or by post and it seems strange that if I am too near the ' reach your account by ' date, it always seems biased to arriving just too late, thus incurring a fee. (not such a problem now the service is effective within hours of making a payment on-line).

 

Would you advise me to contact them via my on-line banking account, as they have suggested?

 

Would you think it a good idea to explain briefly my situation, acknowledge the debt and offer say, £10 per month?

 

Would they be prepared to freeze the interest charges in your experience?

 

BTW.... my situation would be resolved overnight if I could only just sell my original house we bought in france. We bought a second, bigger house for complete renovation and have now got to the stage that we are living in it.... and now wish to sell the little house, but the market is very slow and the house has been for sale for 3 years... with reducing asking price and still no takers.

 

We have foolishly used our savings and credit cards to finish the big house and live, whilst always thinking that the house sale will happen soon!

 

Now the pot is empty.

 

If these credit card companies knew I had a second property, could they make any kind of move like a 'lien' on it?

 

I do appreciate any help and advice,

 

David

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If these credit card companies knew I had a second property, could they make any kind of move like a 'lien' on it?
They would first need to obtain a CCJ then they could put a 'Charging Order' on the property which basically means that they would be seen as a preferential creditor when the property was sold & would be amongst the first to be paid. Technically they could apply for the sale of the property themselves but this is very rare and usually impossible if it is jointly owned. They could also send a Statutory Demand which is a precursor to applying for your bankruptcy, but again this is rare. All of these scenarios are unlikely because you are not a UK resident they cannot obtain a CCJ in the UK unless you have an interest here, the bank would have to apply for a European Payment Order to take any enforcement in France. It is more likely that they will sell the debt on to a debt collection company after several months to clear their books of 'toxic debt' & claim tax relief.

 

Contact your bank first to arrange a lower repayment, most will accept this for a period. Some will freeze interest & others not, it's a bit of a lottery really.

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