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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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obtained 2 money judgments last year and have started enforcement action.

 

judgment debtor has now issued proceedings against me for sums that have already been decided in court.

 

this has now delayed order for sale for another three months.

 

judgment debtor now has an unless order to file a further statement of case and set out full particulars of the claim.

 

what if they are still identical to what has already been dealt with?

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i took someone to court who owed me money and who i did some work for.

 

 

in court the 1st judgment was for the money owed to me.

for example Xyears ago he leant me £100 but over the years i had in fact paid him back £150,

therefore judgment was entered for £50 in my favour.

 

 

the second judgment i carried out works for him for the sum of for example £100,

he paid £50, again judgment was for £50.

(i may add the 2 judgments with costs are nearly £100k).

 

i started enforcement action,

i now have a final charging order and applied for an order for sale.

 

 

in order to muddy the waters

the judgment debtor issued proceedings indicating that

 

 

i owe him the equivalent of £50 from the 1st case

and £50 from the second case.

 

 

in my allocation questionnaire i pointed out the figures he was claiming were very similar (amounts and dates)

to proceedings that had already been determined.

the court has therefore issued an unless order.

he must file a further statement of case that sets out full particulars of claim, if he doesn't then the claim be struck out.

 

my question is what would he have to come up with in order for the claim to progress? i believe (or, rather i am certain - bank statements etc) that he can't come up with any new figures to show a new debt etc.

 

in his original particulars of claim it was signed by his solicitor.

 

 

we have now pointed out to his solicitor the similarity of the figures and he seemed quite shocked.

surely, now he has knowledge of the figures etc would he sign the new claim again.

 

 

i was under the impression a solicitor would have to be satisfied that the claim was genuine

before signing the statement of truth, or doesn't that really matter if the client is paying his fee?

 

when does this become an abuse of process/

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i have been issued with a claim from somebody which i have already taken to court and successfully secured a judgment against them. they are now using the same figures in a claim against me which were admitted in the earlier case. this is costing a fortune in legal fees. there solicitor knows the situation but he has signed the statement of truth on the claim form.

 

any ideas how to stop this, do i have to wait for the next cmc or can i contact the court direct?

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What was this dispute about ? Would the defendent have any reason to counter claim ?

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monies owed and works carried out. i for example claimed £100 he paid £50 which was agreed in court. judgment for £50. i have now gone for order for sale. he has now put in a claim for the £50 which i have already acknowledged he has paid to me. i hope that makes sense? (by the way.....judgment totals just under £100,000)

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Too complicated for me. If they are using a Solicitor I would guess that they can start another claim against you. In the particulars of claim, they would state the basis for doing so, which I guess are done in a way that is slightly different to your claim.

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I think you can apply to strike out the claim on the basis that the POC does not provide any triable issue for the court to decide on and that you have previously gained judgement ( case ref: )against the claimant for the claimed amount so the matter is Res Judicata.

 

That is my non expert opinion, but I have alerted the site team to see if others will add theirs.

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thanks uncle 'b' i think 'it speaks for itself'. what puzzles me is that again the statement of case has been signed by their solicitor who has full knowledge of the judgment (he is also a deputy judge)!!!

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Hello again.

 

Is this anything to do with your other thread please?

 

If you don't mind my saying, I don't think you are going to get the help you need without telling us why you're asking and the details of what has gone on. It goes without saying that legal advice is serious stuff and I don't think questions can be answered without detail.

 

Please try to to give the guys some background to your query and I'm sure they'll try to help you.

 

If I were advising, I'd need to know more about why the debt is not proven and why you would want to assign it, for instance.

 

HB

Illegitimi non carborundum

 

 

 

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Its not Res Judicata because the claim is now from the Defendant as Claimant.If they have a problem why didn't they PT 20 Counter Claim? I would make application to strike out and request SJ...there is no triable issue... purely tit for tat and a waste of court time and Costs.

 

Regards

 

Andy

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Its not Res Judicata because the claim is now from the Defendant as Claimant.If they have a problem why didn't they PT 20 Counter Claim? I would make application to strike out and request SJ...there is no triable issue... purely tit for tat and a waste of court time and Costs.

 

Regards

 

Andy

 

Thanks for the clarification. I was thinking that Res Judicata applied because the triable issues had already been dealt with by the court, although of course the claimant it now different.

 

Are the claimants solicitors just using this new claim as a tactical device ? Why issue a claim with no POC ?

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Different party UB..they have the right to issue a claim but they should have Counter claimed so that it remained the same issue... vexatious litigant!!

 

Andy

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thanks guys, you are now voicing my frustrations!!

i have just received their 'new' statement of case which sets out their full poc,

it still represents the figures that were tried in the 1st judgment.

 

 

i am worried that this could land an the desk of yet another judge and be set down for a cmc (months of more waiting).

 

 

in our original defence when the claim was first issued we did make the comment that

 

 

1. there were not enough details to make a defence and

2. that the figures were remarkably similar to the previous case,

we did of course detail the previous case numbers for reference.

would the judge be able to cross reference the 2,

or is that for once again, a later hearing...more delays?

 

thanks for your help

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If the claimant is being advised by a deputy Judge, I would suggest that you see your Solicitor, as I am not sure an internet forum will replace having advice based on all the details you probably have in a large file of papers.

We could do with some help from you.

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my solicitor is as perplexed as me!

he too cannot understand how their solicitor can continue to sign statements of case

when he knows these issues have been tried.

 

 

i think the best way forward is to wait and see what the judge orders when they receive the latest papers,

following the last unless order. going back to my earlier point when does wasting courts time become an 'abuse of process',

or can they simply argue we forgot to bring this as a counterclaim in the original proceedings?

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unfortunate story of a friend of mine.

 

there were 2 brothers who were close.

over the years they helped each other out financially and all seemed ok.

 

the one brother then undertook works for the other.

 

unfortunately he instructed these works but failed to pay up.

 

the other brother on checking payments checked also the monies lent between each brothers.

 

it seems the same brother had been in fact conning the other brother and he had overpaid 10's of thousands of pounds.

the brother also owed 10's of thousands of pounds for the building works.

 

the brother who was owed the money desperately wanted to resolve the issues and proposed mediation and a family meeting,

 

at first it was agreed bu the reality was the one brother who owed all the money had no intention of facing the mediator or reality of what he had done.

 

the one brother issued proceedings for the amounts and judgments were awarded immediately, there was no defence.

 

unfortunately the dishonest brother spoon fed information to their parents indicating they were the innocent parties and the judgments were all lies etc etc. they took his side.

 

the brothers over the years have also had financial help from the parents.

the monies were given on an informal basis and were never to be repaid on demand.

moneis would be paid back as and when possible.

 

however since the one brother who is owed the monies has taken this action,

the parents have assigned part of the alleged loan to the dishonest brother.

it seems the parents have not demanded repayment from the other brother.

 

if the debt has not been proven, but they have assigned a percentage of it to the one brother, who has to prove the debt?

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yes. as follows to: Mr X X

 

as sols and agents for mr X X we hereby give you notice that on X X 2010 mr X and Mrs X assigned to X the right to payment of £XX,XXX out of the debt you owe them.

 

and we give you further notice that mx X requires the payment of £XX,XXX forthwith

 

dated this XX day of X 2010.

 

signed by the solicitors of X the assignee.

 

that's all the paperwork there is.

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hi...

 

when you have a hearing in front of a county court judge can a member of public, or the press, sit in on proceedings?

yes, but a judge can decide to exclude the public

can the case also be published in the media prior to judgment?

Presumably, but most county court case are not deemed newsworthy

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