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    • 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...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Sijowa vs RBS


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Well that's the initial request for repayment sent off, direct to our friend Tommy himself.

 

As well as the charges which total £1845 i've requested contractual interest at their current authorised rate of 15.10%, even though i feel entitled to the much higher unauthorised rate. i've done this as a 'gesture of goodwill' on my part.

 

i've also requested the interest i paid on £680 of a consolidation loan they provided to cover a £1700 overdraft i ended up with a few years back due to a period of 'financial difficulty'. £680 was the total amount of charges they had taken from me up to that point so i feel it unfair that i've paid interest on money i should't have had to pay in the first place.

 

i'm off on holiday in two weeks so am hoping to have had a response back, even if its just a rejection, before then.

 

s

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Well we recieved our 'go take a running jump' letter this morning, just 5 days after sending the initial request for repayment. In line with the majority of opinions on here we've taken this as a cue to go to the next stage the LBA, rather than wait for the 14 days to be up.

For your reference below is a scan of the letter we recieved off Mr McLean.

 

Dear *****

Thank you for your letter of 6 November 2006 and I apologise for any dissatisfaction caused by the application of charges to your account.

We believe that our charges are fair, reasonable and transparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff, which we are satisfied, complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.

We have considered and responded to the Office of Fair Trading's statement of 5 April 2006. We do not accept the Office of Fair Trading's findings in relation to credit card fees. We are concerned that the Office of Fair Trading has publicly called into question the setting of charges applied to other products, including current accounts. The Office of Fair Trading has restricted its investigation to credit cards and made no attempt to consult with RBS or the industry in relation to other, entirely different products.

Consequently, against that background, we must differ with the views expressed in your letter and will not be refunding any of the charges applied to your bank account.

Again, thank you for taking the time and trouble to write. Yours sincerely

 

 

Tommy McLean Customer Relations

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Having sounded so confident of the decision to use Mr McLean's response as a cue to send off the letter before action i'm now having second thoughts. What are peoples thoughts on this, is it better to wait for the 14 days to be up or is it fine to send the lba on reciept of a response to the prelim?

 

thanks for any light you can shine on this.

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  • 1 month later...

not updated this for a while but have good news now.

 

Due to a holiday we only sent our LBA on the 2 december, we recieved a letter on the 16 december offering, as a goodwill gesture, to refund all the charges we were claiming for though minus the interest we had requested. after talking it over we decided to accept the offer, as we did this in the interest of righting an injustice not for financial gain (but financial gain is good of course). the only issue is they offered to pay the money back into the account, the account we defaulted on 12 months ago (mostly due to charges). Anyway we've sent a letter accepting the offer and requesting that it be paid by cheque.

 

anyone else had a similar experience, and how did it pan out?

 

simon

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Congratulations!

 

Just out of (scuse the pun) interest, minus which interest? The loan interest or the contractual interest? Or both?

 

 

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pun excused. Both loan and contractual interest. i felt we had more of a case to get the loan interest back but in the end we decided we'd be happy to settle just for the charges. and they've offered us all the charges back, which seems fairly rare for a first offer.

 

simon

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