Jump to content


  • Tweets

  • Posts

    • 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...
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

123 Debt Solutions


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3862 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi. I've had nothing but good advice from this group in the past, and could really do with some again please.

 

My wife phoned 123 Debt Solutions, and arranged a DMP with them. When I found out, I looked online and found many recommendations for the free payplan.com, and she has now decided to arrange the DMP with them instead.

 

Problem is, she gave 123 DS her debit card number, and now that the pack has arrived from them in the post, I notice that in the T&Cs, it says:-

 

3.10 By providing your card details for your 1st payment, You have entered into an agreement and You will be liable for 1st payment into the Plan. Should You not wish to enter into the Plan and require a refund, please return Your unsigned documents to Us, accompanied by a cancellation letter. Please see section 5.3 of these terms.

 

5.3 If You wish to cancel the agrement, You must do so within seven days of making a payment in order to receive a refund. If We have already disbursed funds to the creditors on behalf of the client, a refund will not be issued.

 

 

Note that she has not signed anything, and never authorised any payment to be taken, she simply provided over the phone information she was asked for, but now I'm concerned that they will take the money from her account without permission.

 

Can anybody assist with a suitable cancellation letter. Many many thanks.

Link to post
Share on other sites

Send them back and make sure you send them rec or reg. at once!

Check that they have not taken anything out and if poss. get her to cancel the card and ask for a new card no. asap. if you can do this before anyone trys to take money then it will cut out the long process of having to get the refund :)

Link to post
Share on other sites

I think you should also write to your bank confirming that this company no longer has permission to take money from account. If necessary, you are going to have to ask for a new card.

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

Link to post
Share on other sites

Thanks spots1. Will keep updating with anything that may be of use to others.

 

Recieved paperwork from Payplan today, but unfortunately they listed our tax credits wrong, forgot to list council tax as an outgoing, and forgot to list my wife's disability living allowance, so have to call them on Monday.

Link to post
Share on other sites

  • 2 months later...

i have had the same problem with this company, unlawfully taking money from my account for a service i have not recieved as i cancelled it, £82.00 lighter now, been on to the financial ombudsman, as these people were supposed to help you out of debt not put you in it!! go to payplan they are run by the goverment and 100% goes to your creditors,

 

steer clear of these 123 debt solutions are a joke!!!

Link to post
Share on other sites

  • 1 month later...
steer clear of these 123 debt solutions are a joke!!!

 

Too right they are. We just received their welcome pack and reading very small print it seems they would offer their services (which consists of them sending a few letters out) to us for the bargain price of £25 PER MONTH,! That would double the debt we are in :mad2:

 

Needless to say they can shove their service where the sun doesn't shine.

 

BE VARY CAREFULof this so called "solution", nowhere on their website does it mention their charges, at no time during the initial phone call was any charge mentioned. They shouldn't be allowed to prey on the needy in the way that they do.

Link to post
Share on other sites

i have had the same problem with this company, unlawfully taking money from my account for a service i have not recieved as i cancelled it, £82.00 lighter now, been on to the financial ombudsman, as these people were supposed to help you out of debt not put you in it!! go to payplan they are run by the goverment and 100% goes to your creditors,

 

steer clear of these 123 debt solutions are a joke!!!

 

Payplan are not run by the Government (if they were they wouldn't be anything like as good as they are). Payplan are a private sector company who provide free DMP's funded via lenders.

Edited by Nick Pearson
spelling
Link to post
Share on other sites

Payplan are not run by the Government (if they were they wouldn't be anything like as good as they are). Payplan are a private sector company who provide free DMP's funded via lenders.

 

Hi

 

Are there any Goverment run ones Nick?

Link to post
Share on other sites

  • 2 weeks later...

There is also the option of doingt it yourself and arranging your own DMP.

 

This is what I have done and I feel a lot more in control of the situation than using a 3rd party and I got a great deal of satisfaction out of negotiating with creditors myself. I have certainly become a lot more assertive with them than I was at the start :)

Link to post
Share on other sites

Tbh, i'd have been very wary from the off, of a company called "123 debt solutions". It sounds like something a 5 year old could have come up with.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

  • 5 weeks later...

With regard to this company, I have had nothing but good experiences. They are seriously helping me to get out of a terrible situation.

However, I'm not sure that I understand the points you are making about their terms and conditions...surely you can liken this contract to any other kind of contract. For example, would you enter into an agreement with a mobile phone company and then refuse to pay them and then on top of that refuse to follow their cancellation procedure that you have agreed to by signing the documentation?

As with all contracts, their is a cooling off period. If it is a distance sale, the period is 14 days. This should be plenty of time to potentially change your mind, and if not, more fool you!

 

I'd also like to ask why, if you were not completely sure about it, that you would give your card details to a company for processing on a certain date. I know I wouldnt!

 

I think people need to be more aware of what they are actually agreeing to...dont sign agreements if you dont agree with them!!

 

I would also like to mention the gripe that you appear to have with 123 debt solutions charging a fee. They are a business, and they are providing you with a service, so what is the problem with them charging a fee?? They deal with all my creditors by phone and post, and their staff are in 7 days a week, which is great for me because I work full time and would find it difficult to contact them otherwise. The person I spoke to initially did not hide anything from me, and I do not have a problem with fees being taken to have this weight taken off my shoulders.

 

Thanks to 123 debt solutions, I will only be in debt for another year or so, all being well. I wouldnt have been able to do this on my own and as another plus, they have also got the interest and charges frozen on every one of my debts.

 

I also did some research on payplan. They are not really free. As mentioned previously, they are funded by the lenders...so the lenders will push you to go with payplan if they can. That way, you are esentially paying your interest and charges every month, and I'd be surprised if you could actually get out of debt in a reasonable amount of time.

Link to post
Share on other sites

NIckykr seems very defensive of 123, i wonder if i rang what the chances are of a NIcky working there??? very high.

 

The point is Nicky. people are in debt, cant afford to pay their creditors so for 123 to sort they pay them a stupid amount of money. therefore reducing the amount they could pay, and taking longer to pay.

 

EXAMPLE:

 

user owes 24000, and pays Payplan £100 per month, this will mean they will pay off in 20yrs

user pays 123 £100pm maybe £85 will get paid to creditors meaning it will take over 23yrs to pay off.

 

DO the sums..... it makes sense. dont pay for your DMP!!!

even your creditors will tell you to ditch a fee paying dmp for a free one.

  • Haha 1
Link to post
Share on other sites

I love how they say they can guarantee freezing charges and interest. THat just isnt the case.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

Hi

 

One that always makes me chuckle with some of the fee chargers is when you read that they 'work' harder than the free providers at getting the interest and charges frozen, a strange and rather paradoxical view really when you think about it, especially the charges bit.

 

Still not seen anything around from them about working harder at stopping any up front fees and the keeping of the first couple of months or so payments and that though.

 

You would crease yourself with laughing if you thought about it too much really, ah well, thats marketing for ya I suppose.

Edited by Wintry
Link to post
Share on other sites

They cant work harder. ALl the free ones and the paid ones can do is ask the creditor to stop interest and charges based on the financial situation of the debtor. If they say no, then tough luck.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

They cant work harder. ALl the free ones and the paid ones can do is ask the creditor to stop interest and charges based on the financial situation of the debtor. If they say no, then tough luck.

 

Hi

 

Well yes, I see your point.

 

Maybe some of them are more persistent, and because the creditors get less from their payment arrangements when you take the fees into account the creditors think well, lets freeze the interest and charges but not with the free providers or maybe its just marketing and sales rubbish:)

 

Anyway enough of that for tonight Im off to bed to watch my Columbo DVDs again (fantastic entertainment from the sadly missed brilliant Peter Falk that just gets better & better with time)

Edited by Wintry
Link to post
Share on other sites

Yep. Agree with you there. Have fun with columbo. I havent seen any of those movies for a long time.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

Link to post
Share on other sites

They cant work harder. ALl the free ones and the paid ones can do is ask the creditor to stop interest and charges based on the financial situation of the debtor. If they say no, then tough luck.

 

Actually, they do a lot more work than that in relality. Or at least, some of them do.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...