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    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
    • Dave, You're probably thinking along the same lines as me. The NTK says "The reason for issuing the charge notice is: Parking longer than allowed" From memory, I think one of their stupid rules is that if 'Bucks is closed, you're not allowed to park at all.
    • Yes, Nick is spot on. Also, can you remember if Starbucks was closed when you were there?  I ask as I'm trying to work out what MET reckon you did wrong.
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CEL ANPR PCN PAPLOC now claimform - Morrisons, Butterfly Walk Car Park Denmark Hill Camberwell, London SE5 8RW***Claim Dismissed***


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The MCOL website has an update.

Case Stayed on xx/05/2023 at xx:xx:xx

I assume this means my appeal to the rejection of my defence was accepted and they can not issue any CCJ on me.

Do I just now wait for a follow up action or should I now be actioning in preparation. How do I get this closed down fully?

 

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mcol doesnt usual state a claim is stayed AFAIK. unless its as a result of an n244 ?

is that a copy and paste from the claim history page on mcol?

 

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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Apologies I thought I'd replied to this at the time but it clearly hadn't come through. 

Yes, it is a copy and paste from the MCOL website. Last three notes are:

Defence was struck out on xx/02/2023

Your defence was rejected on xx/02/2023

Case Stayed on xx/05/2023 at xx:xx:xx

 

I assume my N224 submission was accepted but I've had no correspondence on this directly. What next?

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I'm not 100% sure, as your case is atypical, but presumably if something had gone wrong and you'd ended up with a CCJ you would have been informed in February.  It's June now.

MCOL says the claim is stayed.  I'd let sleeping fleecers lie.

 

We could do with some help from you.

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It would appear the claimant has not requested judgment nor the court automatically given judgment given your defence was struck out....very unusual ? ring the court and inquire or as advised leave it alone.

 

Andy 

We could do with some help from you.

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Well that's good news - the court accepted your defence.

As always in these cases the case has been transferred to your local court.

Expect a DQ soon.

 

 

We could do with some help from you.

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1 hour ago, StoryBoard said:

Do I need to put any case forward within the 7 (now 6) days of the order?

no ready it properly......

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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Latest MCOL update notes:

Your defence was rejected on xx/02/2023

Case Stayed on xx/05/2023 at xx:xx:xx

Case Stay Lifted on xx/06/2023

You filed a DQ on xx/06/2023

Your claim was transferred to xxxxxxx on xx/06/2023

 

I didn't file any further DQ info recently so assume that this was my original in Feb which has been brought forward and input?

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why do you keep doing xx??

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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We need to see all date information.

  • Like 1

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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  • 1 month later...

Hi All

I see there were some comments regarding myself redacting the dates, but I was under the impression from CAG that you should not disclose anything that would link you back to the claim. The dates are now listed below in full.

Case Stay Lifted on 08/06/2023

You filed a DQ on 08/06/2023

Your claim was transferred to DARTFORD on 08/06/2023

I have since received a Notice of Hearing letter dated 10th July 2023 in which it states:

TAKE NOTICE that the Hearing of the Defendants application to reinstate their defence will take place on 15 April 2024. 

Where you should attend

30 minutes has been allowed for the Hearing.

Your case involves some or all of the parties attending court.

You will need to send the judge an electronic bundle 3 days before the hearing via the court office.

___

This is nearly 3 years in the making so far....assume I will need to review this submission nearer the time rather than prepare anything now?

Thanks again all.

General Directions Order.pdf Notice of Transfer of Proceedings.pdf

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TBH I can't work out what's happened here.

In your post 110 attachments (I think it's post 110, sometimes the post count goes wonky) it is stated that your defence has been reinstated.

Now you are supposed to go to a hearing which will decide if your defence will be reinstated or not.

At first sight the court has made a mistake.

You application was also for a decision without a hearing.

It's possible that the fleecers have objected, they have the right to as stated in your attachment, but it would seem unlikely.

See what the other regulars can make of this over the weekend.

 

We could do with some help from you.

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Can you please upload this Notice of Hearing dated 10 July 2023?

We're trying to get to the bottom of what the heck is going on here.

We could do with some help from you.

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We have discussed this behind the scenes and it doesn't appear to make sense.

So, yes, I think your best course of action is to contact the court and ask what's going on...

We could do with some help from you.

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Sorry for the delay in coming back to you.

Please give us another 48 hours.

We could do with some help from you.

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So - apparently the court can at any time of its own volition decide if a hearing is required and whether there are genuine grounds to reinstate the defence.

So you will have to attend the hearing and prepare documents as shown in the court order.

We could do with some help from you.

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  • 3 weeks later...

Thank you. I've contacted the court via telephone stated on the paperwork and was subsequently asked to contact the court direct via email when they couldn't advise and resolve.

I've sent an email tonight and am waiting on their response but now expect the outcome you have mentioned.

I'll post up/confirm when received.

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  • 3 weeks later...

Evening All

I received this reply from the Court via email today after chasing up a response again. The below was stated.

I expect I now need to write to the Court direct (which I thought I already had by doing this) requesting a decision without hearing? Please advise thoughts.

_________ Court response...4th September 23:

Dear Sir,

The Judge would make the decision as to whether or not they feel the matter should be dealt with on papers or whether it requires a face to face hearing. If you feel the matter should only be dealt with on paper then you should write to the court giving the reasons and we can refer the matter back to the Judge for their consideration.

Kind regards,

_____ My request...

The Court reply above was in response to my emailed request on 16th August 23:

Evening 
 
I received correspondence on the above claim number in which I received the following paperwork:
 
 
1. Notice of transfer of proceedings 8 June 2023
2. General directions order 8 June 2023
3. Notice of Hearing 10 July 2023
 
I contacted the telephone number as noted on the letter last week and following a discussion was requested to contact the court direct as they could not answer the question.
 
 
Question:
I feel on reflection there may be an error in the paperwork received and would welcome your review and response to this?
 
The DA that was issued specifically requested action without a hearing.
 
Can you advise why this is now identified as a face to face hearing?
 
How has this occurred and why? Can this therefore be amended.
 
Many thanks in advance for your assistance. Kind regards.
 
____
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Your question to the court was completely wrong, so logically their reply makes no sense.

You need to point out to the court that your defence was originally rejected.  You applied to have it reinstated and on XXXXX DDJ Hovington of the CCBC reinstated it (attach paperwork).

You therefore do not understand, why, on 10 July 2023 the Dartford County Court fixed a hearing for 15 April 2024 to decide if the defence will be reinstated (attach paperwork).  You think the court may have made a mistake and would like clarification.  The CCBC has already reinstated the defence.

Your mail to the court mentioned absolutely nothing about the question of the reinstated defence so logically the court staff have misunderstood you.

BTW, on the 10 July 2023 court order the claim number, the fleecers' PCN number and your name are all easily legible because you haven't followed the simple upload guide and haven't redacted properly.  We are anon here.  Please sort this out otherwise we'll have to hide the post and half the information will be missing for people trying to help.

We could do with some help from you.

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