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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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    • 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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Missold Income Protection and Critical Illness Policy with Scottish Provident


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Hi,

 

I wanted to just ask if anyone knows how to pursue a missold claim for income protection and critical illness. This is not PPI, it was an assurance policy that was sold to me back in 2003 by a broker, who told me I needed to have this policy in place in order to get a mortgage. However it was not actually linked to the mortgage, hence it is not a PPI policy.

 

My issue with it, is that the income protection was missold, since I was self employed then (and still am) and I would not have been able to claim on it if I was out of work. I paid into it for 4 years in the stupid belief that it would protect me if I was out of work for more than 8 weeks.

 

Do I have any basis to get any refund on the payments I made to this assurance plan? Also as a note, the broker who sold it to me set up without my knowledge a home insurance policy, on a property I never set foot in!! They clearly wanted some extra commission. I only realised 6 months later, when I noticed a direct debit that I did not recognise.

 

Thanks

 

Alex

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Hi blondbombshell:)

 

I'm afraid I can't answer your question but this will bump your post back to the top of the pile.

 

I would like to know the answer myself as my husband and I were also sold a similar product from Scottish Widows (LTSB) when I was a homemaker with no paid employment. In my case this was Critical Illness and Business Cover which appears to have been sold as a PPI substitute by LTSB. Neither my husband nor I had a business so not sure what the purpose of the 'Business Cover' was exactly.

 

Unfortunately we were also talked into this by our bank and being rather naive at the time we fell for their sales pitch which was pretty aggressive:(

 

We haven't done anything about this yet (it was cancelled back in 2007) but your post reminded me it's something that maybe I should be looking into.

 

Hope you get an answer soon!

 

Regards,

 

Landy x

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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Hi,If it is any help i was also mis-sold an Income Protection Policy in 2003 supposedly by Nat West.It turned out it wasn't actually NatWest but a third party who were unregulated by the insurance ombudsman in place at the time.

 

The biggest problem i found was finding out who actually sold the policy because NatWest were bloody unhelpful.

 

Once i found out who sold the policy,i complained to them and they paid out, but only a part of my claim.Had no choice but to accept the settlement due to the unregulated state of the business concerned(i.e.I wouldn't have been able to go to the FOS).

 

I basically approached the complaint along the lines of a PPI complaint and worded it only the lines of being mis-sold the cover when i already had adequate cover in place.As the company that sold the IPP did not have a recording of the telephone sales call(A big NO-NO apparently) my complaint was upheld.

 

Hope this has helped in telling you it can be done!

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  • 1 month later...

BUMP... I've also been mis-sold to by Scottish Widows and looking to start my complaint - just wondered whether there were any answers to this thread?

 

Pudst

x x x x

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  • 11 months later...

HI,

I purchased a Mortgage & Business cover plan with Critical ilness from Lloyds TSB (Scottish Widows policy) and due to an accident that left me Disabled (Mobility) I contacted SW to make a claim.

After several phone calls I finally recieved the claim form which was completed and returned.

Several months later SW informed me that they had Voided the policy for Non-Disclosure, I appealed there disision through the FOS and they were told to re-instate the policy as they had read a date in my GP records incorrectly. So again SW revued my claim, but Surprise Surprise they rejected my claim again saying I did not meet the Definitions of the policy.

At the moment I am still looking at what my next move should be, but I have been looking into these types of policies and what I found at first surprised me but after what has gone on in the major Finantial Institutions recently I should not have been.

Millions of these policies have been sold over the years even though the Insurance Industry as a whole have known that these types of policies are FLAWED & contain FLUFFY & CONFUSING DEFINITIONS and that the vast marjority of Financial Advisors do not understand these policies themselves what chance do we have.

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  • 1 year later...

Hi,

 

This is also of interest to me (I've just googled for mis-selling of Income Protection, and up this came!) I was sold both Income Protection AND Critical Illness by a business banking manager at lloyds WITH ppi on a loan to ensure that I qualified for the loan back in 2000. At that time I was a freelance designer and would go from a week working 60hrs, to weeks without work and my working hours were all over the place. They would never have paid out if I'd claimed.

 

I'm off work today following up on my SAR request for my PPI claim, and I've been trying to get copies of the plan conditions for these 2 protection plans. I've just spoken to a very friendly guy at Scott Wid, who couldn't find any details for me and suggested I write in to request. Frustrating. He did ask me if it related to a PPI claim, as they didn't pay out for Income Protection! It's like banging your head against a brick wall this process.

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