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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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Cabot/Restons Claimform - old New day Marbles card - - Ap to lift stay/SJ - NO DN only dbase SShot ***Claim Disc'd SJ thrown out***


tomtom013
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then as post 21

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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why?

 

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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  • 5 weeks later...

Good morning,

 

Yesterday received my hearing date so now I am re writing my statement to send to restons. 

 

Is it a continuation of my original witness statement that I used to defend the claim?

 

Also am I ok to set it out in bullet point like I did with my original witness statement?

 

Im not sure exactly which points to use to defend myself, I guess I need to go through the points on their statement? 

 

Getting really worried and expecting to lose but I will do my best

 

Thank you

 

 

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yes as post 23

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

2 hours ago, tomtom013 said:

Good morning,

 

Yesterday received my hearing date so now I am re writing my statement to send to restons. 

 

Is it a continuation of my original witness statement that I used to defend the claim? No that was your defence....this is a statement in response to their application

 

Also am I ok to set it out in bullet point like I did with my original witness statement? You have not submitted a statement yet..you have submitted an initial defence..lay it out same as the claimants statement 

 

Im not sure exactly which points to use to defend myself, I guess I need to go through the points on their statement?  Correct

 

Getting really worried and expecting to lose but I will do my best

 

Thank you

 

 

Post your draft here for checking in PDF format.

 

Andy

We could do with some help from you.

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Sure post it here in PDF format and I will run through it in the morning.

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

 

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likewise, I also request my costs being..

 

English/grammar needs a tidy but well done

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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I personally would not be submitting the above.... that requires far more work.

 

Your response should be along the lines of the following.....post #154

 

https://www.consumeractiongroup.co.uk/topic/395850-cabotrestons-claim-form-2-old-lloyds-credit-cards/page/7/#comments

 

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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  • 2 weeks later...

pm advice is not allowed unless its pers info which cannot be placed in the public domain

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

sure..

better here then everyone can help

and it helps future readers p'haps in like situation 

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

  • 3 weeks later...

sorry it took so long to reply back

 

i went to the hearing about three weeks ago.

Arrived and signed in, the solicitor heard me and seemed to look dismayed that i had turned up. 

 

I waved and said hello poiltely. 

Sat down

- unfortunately the only free seat was near him.

 

He leaned over and asked me if I needed to know anything, I politely said no thank you. 

He then said, there are a few more cases before ours so we probably would be waiting about 2/3 hours.

I felt like he was trying to psych me out, I could be wrong - maybe he was just being helpful. 

20 minutes later we were called in.

 

We went into the court room and began.

The judge said the only sticky point was whether the default notice had been sent.

He looked at the screen shot that supposedly said the default notice had been sent. 

 

He mentioned that the screen shot is not evidence of a default notice being sent as it did not state that.

He just said that 'something' was sent out on that date but that it is not evidence of a default notice being sent. 

the solicitor seemed flustered. 

 

the judge said it would need to go to trial. 

I mentioned that this process has been ongoing for over 16 months with the case being stayed because they hadnt yet sent the requested default notice yet so they obviously havent got it. 

 

The judge asked me what I wanted him to do. 

I cheekily asked him to strike out the claim

- luckily he has a slight sense of humour and didnt take this negatively. 

 

He stated there wouldnt be any point doing this as the claimant could get a default notice and re start a claim. 

a trial was requested with no further fees as they had lost. 

 

The judge said to me,

"You have won the battle, but not the war yet!"

He also advised that all the debt collector wanted was the money I owed, so to think carefully about what I was going to do.

 

As we left, the solicitor said that he didnt actually work for restons and said that all they would do was use a reconstituted (think that was what he called it) default notice letter like they did with the credit agreement.

He said that they will use another notice and just copy and paste my details and the date onto it and use that. 

 

I said that sounds a bit faudulent to me. 

He replied, well thats what they probably did with the credit agreement. 

Then he said, if you phone restons and offer £900 to settle (the whole claim is £2600 with fees), they would snap my hand off.

  I said thank you and left.

 

A few days ago I received a letter from the court detailing the outcome from the hearing.

 

Then yesterday, I received a letter from restons stating that the claimant (cabot) are discontinuing the claim and have logged this discontinuiation with the court and all further correspondance needs to be to cabot.

 

Now, what do i do now? 

Is this another tactic in the long winded game? 

Will cabot now re-hash a default notice and start another claim? 

 

Thank you  -sorry for the long post!

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you've won

 

end of

 

last you'll hear about it.

 

aw poor restons..

nice to see the locum admitting what we have know for ages about DCA's though...copy and paste jobbies everytime!!

  • Like 1

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

throw the morality card out the window!!!

 

if DCA's can fake paperwork, that's a far worse situation.

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... 

Link to post
Share on other sites

  • AndyOrch changed the title to Cabot/Restons Claimform - old New day Marbles card - - Application to lift stay/Summary Judgment***Claim Discontinued***

Well done.....decent judge by the sounds of it...

 

Quote

He mentioned that the screen shot is not evidence of a default notice being sent as it did not state that.

He just said that 'something' was sent out on that date but that it is not evidence of a default notice being sent. 

 


Which is what we state and include include in every statement involving Restons......and to make matters worse the screen shot is from Restons own software and some Judges fall for it.

 

Thread title amended.

 

Andy

  • Like 1

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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  • dx100uk changed the title to Cabot/Restons Claimform - old New day Marbles card - - Ap to lift stay/SJ - NO DN only dbase SShot ***Claim Disc'd SJ thrown out***
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