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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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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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MBNA/IDR potential CO coming..they spoofed us on change court date?


Anniebella
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Brief history of one of our problems.

 

We were taken to court in Northampton by IDR for a £7k MBNA card debt.

 

Judgement was made for us to pay £20 a month.

 

Then we received a notice of transfer of proceedings to another court due to IDR not agreeing .

 

We heard nothing until we received a judgement stating that the case had been heard and we are to pay IDR the full amount of £7k!!

 

This was a great shock as we had no notification of the court date.

 

Citizens advice advised us to go to the court and apply for an ‘application for suspension of a warrant’ which we did.

 

Now IDR have replied with a letter stating that they have made an application for a Charging Order on our property.

 

We really don’t know what to do as we are in no position to pay the debt at the moment and worried about what they can do.

 

Can anyone help?

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hi AB

 

welcome aboard

 

are you saying you were not told of the date/time of the moved hearing ?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi dx

We knew the court date would be coming, but didn't receive any infomation of the hearing date.

The first we knew of it was the judgement.

When we went to the court they said 'the paperwork was sent, you should have received it'???

Also the hearing was due at our local court but the papers are stamped by another 70 miles away.

A

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Hi, couple of questions please...

 

When is the CO hearing?

 

Did you defend the original CCJ or admit to the debt?

 

Are you sure there was actually a hearing to vary the amount of repayments as the Court could have done it without one?

 

 

A CO will secure the debt against your property and depending on the type will need to be paid off next time you sell your house. There is also a very, very tiny chance the Claimant could try and force the sale of your house.

 

A good idea would be to either fight the CO or accept it and ask for instalments again at whatever rate you can manage on the basis that there be no application to force the sale of your house.

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I would also request a copy of the Redetermination Hearing Notice and proof that it was heard in your Local County Court.Question why the Order was stamped in a Court 70 miles from your home.

 

Did you make application to vary it back to monthly payment N245?

 

Application to set aside or vary judgment –procedure

 

CPR 13.4

 

(1) Where –

(a) the claim is for a specified amount of money;

(b) the judgment was obtained in a court which is not the defendant’s home court;

© the claim has not been transferred to another defendant’s home court under rule 14.12 (admission – determination of rate of payment by judge) or rule 26.2 (automatic transfer); and

(d) the defendant is an individual

the court will transfer an application by a defendant under this Part to set aside(GL) or vary judgment to the defendant’s home court.

(1A) Omitted

 

Regards

 

Andy

We could do with some help from you.

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Hi Ganymede

At the moment we just have a letter from IDR stating they have made an application to the court.

No papers from the court yet.

At the original hearing in Northampton we filled in the form sent by the court stating our current financial situation and our offer of £20 per month.

The judgement says it was before Judge Savage at Worcester CC (although stamped by Stafford CC)

Thank you for your response

AB

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Hi Andy

When we went to the court I asked the Court office why it was stamped in Stafford. She replied 'sometimes that happens'

On advise from Citizens Advise we applied for reduction in instalments

I feel we may have been hasty in doing that? But at the time we paniced and did'nt know about CAG

AB

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Just remove anything identifiable...names /case number/court/bar codes if any/ and round the figures up.

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Hi Ganymede

At the moment we just have a letter from IDR stating they have made an application to the court.

No papers from the court yet.

At the original hearing in Northampton we filled in the form sent by the court stating our current financial situation and our offer of £20 per month.

The judgement says it was before Judge Savage at Worcester CC (although stamped by Stafford CC)

Thank you for your response

AB

 

 

Ok so you completed the admission form and made an offer of £20 pc which is why you have the CCJ against you.

 

If you were not given notice of any hearing date for the variation of the payment rate then it must have been done on the papers by the Court without a hearing.

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You need to convert the uploads to pdfs Anniebella ......far to small to decipher.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all figures and dates. {DO NOT USE A BIRO OR PEN]

convert existing PC files to PDF [office has an installable print to PDF option]

..

goto one of the many free online pdf converter websites [http://docupub.com/pdfconvert/]

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

i'e Default notice dd-mm-yyyy

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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