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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...
    • 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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Reclaim charges.


andyep
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Hi all ,

Been reading the forums for a while now ,

just about to try and reclaim better halfs catalogue and store cards charges.

 

I believe the route to go is SAR each catalogue and store card.

 

 

It seems over the years she has had two old Littlewood accounts and one current one and a current Very account ,

 

 

she phoned shop direct earlier this week to verify account numbers and to check address for correspondence

they gave her a Chelmsford address which seems to contradict other addresses I have found whilst browsing these forums

those being the innovation centre park lane netherton bootle l30 1sl and Shop Direct Limited 1st Floor Skyways House Speke Road Speke Liverpool L70 1AB.

 

Also we will be sending SAR's to Topshop, Dorothy Perkins and Outfit ,

the address we have been told is Newday ltd PO Box 700 Leeds LS99 2BD.

 

She also has an old Next account which is closed ,

they have provided us with a letter stating the account number and that there was never any PPI on the account this was received after a phone call requesting the account number.

 

which are the correct addresses to go with and also do we need to individually SAR each account and store card or one SAR to shop direct and one to Newday and one to Next ?

 

 

Is there any specific requests needed for each SAR and over the last twenty years we have only lived at two addresses so do we include both addresses in each SAR.

 

Some of the account/cards are pre 2007 and some post 2007.

 

Thanks for your time , Andy.

Edited by dx100uk
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No you simply SAR each company, not a separate one for each account although its a good idea to include the relevant account numbers for each company.

 

Each company's head office address can easily be found online.

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  • 2 weeks later...

Four sar's sent thursday via a courier , three received and signed for on friday and one returned to sender(me) as courier cant deliver to postbox as signature required , will resend with royal mail recorded next week.

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  • 3 weeks later...

No acknowledgement from any of the above SAR requests and phoned post office and none of the postal orders cashed as of today ......... just wait a bit longer I guess :)

Thanks Andy.

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Wouldnt be expecting anything really till middle of April at the earliest

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Cheers Martin , had an acknowledgement of next stating they have till the 19th to respond , also SD phoned my wife explaining that there was no ppi on the account so what did she want them to do , she stated "I want you to send me all the information you hold on me for all the accounts I have had with you as I requested in the letter" , SD replied would you not rather go through a telephone complaint instead , my wife told them "no thanks I would like you to send me all the information as requested"

 

Thanks Andy.

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Good stuff

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Acknowledgement received today from SD , we had three account numbers in the SAR request , however there are eight account numbers on their acknowledgement ,will post details as they arrive.

Thanks Andy.

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Received the sar from SD theres 27 £12 charges but theres other figures pre 2011 on the same printout as the £12 charges ,I asked for an explanation of all codes used by SD and the codes supplied dont seem to include the codes applied to what look like other charges ranging from £25 and up ,if I post up a copy of these would anyone be able to take a look and possibly help ?

Thanks Andy.

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Yes you can remove the obvious personal info and post them in a multi page pdf.

Can you also post the codes list please?

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Thanks Martin will post up now ,

however I believe the other charges I mentioned that were £25 and up are items that were returned.

 

As you can see from the attached file

( hopefully I have redacted them correctly )

 

 

which is seven pages taken from the 200 plus supplied after the SAR request,

there are 27 £12 administration charges for late or missed payments ,

 

 

I think some of the numbers and codes are when SD reduced the credit limit as payments were made hence limiting the account ,

 

 

some of the other numbers and codes I dont understand even though SD say they have supplied me with all code definitions.

 

I think the outstanding balance on the accounts is about £500 which my wife is repaying at £50 a month.

 

I find it amazing after trawling through the 200 plus pages very little reference to the APR they are charging her.

 

I found the compound interest calculator on CAG but I am unsure what level to use ,other than going off what others have done.

 

Any thoughts/opinions would be gratefully appreciated.

Thanks Andy.

sd codes.pdf

sd charges.pdf

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Put all of the charges into the spreadsheet and use an average of the interest they have used over the term of the account.

If as you say there is little reference to what the interest rate is or was, use the rate you can see they have used.

Pop it up for checking first tho.

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  • 1 month later...
Put all of the charges into the spreadsheet and use an average of the interest they have used over the term of the account.

If as you say there is little reference to what the interest rate is or was, use the rate you can see they have used.

Pop it up for checking first tho.

 

 

Hi Martin ,sorry for the MEGA late response , I have been visiting and reading the forum , but along with work and family its took a while to get round to planning the response to everything ,anyway here goes ,below are 2 redacted letters/emails I am about to send to newday and shopdirect after they both responded to my SAR requests on my wifes accounts , requesting administration charges back with compound interest.

 

 

Shopdirect

 

 

"Thank you for responding and completing my SAR request for the above accounts ,after examining all the documents received I can see that there were numerous administration charges applied to my accounts.

 

I now understand that the regime of fees which you have been applying to my account in relation to late fees are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £324 in charges and using a nominal compound interest of 24.9% I make the total charges and interest I feel you should return to me as of 19/5/17 £709.99.

 

As you will see the nominal interest I have applied is 24.9% and not the 30%plus that you apply to your customers ,I feel this is a fair rate as it is similar to many high street banks rates for small loans.

 

I require repayment in full of this money,directly to me and not to be applied to my account or sent to any other third party. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus further interest, plus my costs, without further notice. "

 

Newday.

 

" Thank you for responding and completing my SAR request for the above accounts ,after examining all the documents received I can see that there were numerous administration charges applied to my accounts.

I now understand that the regime of fees which you have been applying to my account in relation to late fees are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I calculate that you have taken £374 in charges and using a nominal compound interest of 24.9% I make the total charges and interest I feel you should return to me as of 19/5/17 £1000.42.

As you will see the nominal interest I have applied is 24.9% and not the 30%plus that you apply to your customers ,I feel this is a fair rate as it is similar to many high street banks rates for small loans.

I require repayment in full of this money,directly to me and not to be applied to my account or sent to any other third party. If you do not comply fully within 14 days, I shall begin a claim against you for the full amount plus further interest, plus my costs, without further notice."

 

Would you like the spreadsheets uploading as well.

 

Thanks for your time ,Andy.

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Yes please Andy, pop the spreadsheets up aswell so they can be checked

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shopdirect interest rate is 39.9% see their adverts?????

 

Yep Old Cogger I agree ,but thought I had read it was easier yo get them to pay out by not going for the jugular.

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they will not in most if not all cases, but say need to speak to you when asked all in writing for the benefit of doubt, you hear no more they do not like paying out, only by agreement after a county court form against then is issued and the silent clause agreed on case?, reduced % shows weakness!

:mad2::-x:jaw::sad:
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From what i can see Andy the spreadsheets look fine but might be a good idea to upload pdf's as the . Txt files are difficult to read

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Banging my head against the wall ,

been trying for two hours to convert the "CISheet v101" to pdf ,

 

I have done this for other documents b4 and been fine ,

 

I have tried converting it from open office and excel both to pdf and every time it cuts off the right hand side of the pdf ,

 

I have tried using a load of online converters and open office pdf converter

,same thing everytime

 

,also tried reducing the margins and extending the page width ,

 

when I do this I lose even more of the right hand side of the pdf ,

yet when I preview the pdf before converting it looks fine ?

 

Any ideas appreciated ,thanks Andy.

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size the spreadsheet then

file print

print to PDF

 

print active sheets only

 

fit all cols to one page

 

or simply attach you .xls files!

but remove your details.

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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Cant seem to get it to work and dont seem to have any .xls files , going to delete everything and start again ,

 

also I have found on the newday statements a number of "shopping cover" charges

and on the shop direct account a load of "account cover" and "account cover plus" charges ,

I presume these are PPI charges ,

 

 

can these PPI charges go onto the same reclaim letter's and also have the same compound interest applied to them.

 

Googed it , I converted them back to open office files,

I will redo them and if no joy I will convert them back to excel files and upload.

Thanks Andy.

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our spreadies should work in open office ok

then filesave as .xls

 

 

you use the same spready yes ,

but one copy for each type of reclaim

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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