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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...
  • Our picks

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

How to deal with PDE?


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Can you give as much info on your issue as possible. Loan amount, interest, any charges, dates etc. The more info the better.

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

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I had a DRO until late last year as I currently have several debts, the debt amount is £863, the original loan amount was £645(500 + 145 interest.) I tried to contact them several times with no reply then when they finally replied they had added more interest. I do not have a breakdown of the loan although I could request this if needed.

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Hi,

 

I hope I can offer some constructive advice on this for you.

 

First of all you need to work out how much you can realistically afford to repay if this is your intention. I owed a similar amount to yourself and wrote (via email) to paydayexpress customer services and collections (email addresses are on the site) advising I was unable to repay the full amount on the due date owing to a change in personal circumstances and that I requested the removal of the CPA from my account.

 

I proposed to repay £100 a month on an outstanding amount of £700.

 

You will have to speak with the advisors at PDE over the phone at the time the date is due for your payment - my advice would be to withdraw all funds you have in the account you intend to make the payments from as they will more than likely attempt to take the payments on your due date.

 

Speak with them - in all honesty if you are reasonable with them and are making a proposal to repay your debt then they will work with you. You can request to have the interest frozen which will generally be met - again if you show integrity.

 

The key part of the advice is to request what they agree with you in writing, whether that be via email or in the post.

 

If you need a copy of the letter to send to them to make the request I can post this in here for you.

 

I know these things can be a massive worry when you've got into a fix but as long as you communicate with them, they will show compassion with your situation. Good luck and please feel free to ask any further questions you may need answers to.

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Very very strange advice there.

 

Never speak to a PDL by phone unless you record the call. Especially with PDE.

 

You write to them with your repayment plan and provide a basic budget summary. If they refuse to accept, then thats their problem. If you have their bank details, set up a standing order and pay them that way. If you don't, and they wont supply them, then you can use the postal order method to FORCE them to accept payment.

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

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Very very strange advice there.

 

Never speak to a PDL by phone unless you record the call. Especially with PDE.

 

You write to them with your repayment plan and provide a basic budget summary. If they refuse to accept, then thats their problem. If you have their bank details, set up a standing order and pay them that way. If you don't, and they wont supply them, then you can use the postal order method to FORCE them to accept payment.

 

If you read the top of my response I did advise mailing with what you mention in your post and also to cancel the CPA - not quite sure what you find strange about that advice.

 

I'm drawing on personal and successful experience of working with PDE nothing more - apologies if that appears strange to you :)

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If you read the top of my response I did advise mailing with what you mention in your post and also to cancel the CPA - not quite sure what you find strange about that advice.

 

I'm drawing on personal and successful experience of working with PDE nothing more - apologies if that appears strange to you :)

 

Hi and welcome.

 

Unfortunately we get posts from 'sources' that are not quite right which means when we get a post like yours advocating ringing a company, we get suspicious. This may have worked for you but for the majority of people on here have had bad experiences when calling which is why we advocate 'in writing only' as this covers everyone.

 

Unless you record a call, no one can say what was (or not) said.

 

I know you said email but then you said phone which raised our eyes and ears.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi and welcome.

 

Unfortunately we get posts from 'sources' that are not quite right which means when we get a post like yours advocating ringing a company, we get suspicious. This may have worked for you but for the majority of people on here have had bad experiences when calling which is why we advocate 'in writing only' as this covers everyone.

 

Unless you record a call, no one can say what was (or not) said.

 

I know you said email but then you said phone which raised our eyes and ears.

 

Thanks for the response and I completely agree with the sentiments that getting everything in writing and indeed putting everything in writing is the way to handle these matters.

 

I must admit I did read quite a lot of the forum posts prior to making my own agreement with PDE and the way I approached it has been slightly different to the advice uniformly given.

 

I should perhaps have added from my own experience that the first couple of times I spoke with PDE I didn't receive a confirmation of the agreement back in writing and then decided to only contact them via email going forwards from that point.

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Everyone has their own way of handling a situation, but you need to remember that CAG is an advice forum. People who dont register can read the advice, and if we give out advice that causes a Creditor or DCA to take legal action, then we need to give advice that helps a person deal with that.

 

Things such as telephoning a creditor when there are no recorded calls or confirmation, and the operator threatening and bullying the debtor into making payments there and then. The operator then takes the payment details and proceeds to strip the persons account. We've seen that hundreds, if not thousands of times. Thats why we always say Standing order and get everything in writing. If they refuse then you know somethings not right.

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

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I will admit that in my early days i did used to telephone people but i soon learnt.

Please keep it in writing

Sometimes if important i use signed for and print out copies of signatures. Sometimes just proof of posting and sometimes emails.

Any opinion I give is from personal experience .

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