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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...
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Only 2 years worth of statments


alw
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I have only been given 2 years of statments from HBOS. My 40 days have passed and nothing, I then sent them the 7 day letter before reporting them and taking them to court.

Has any one else been stalled in this way by HBOS ?

Can I send them a letter asking for the money for the 2 years worth of statments i have or do i wait for all statments ?

:mad:

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I had the same problem with my HBOS credit card. Politely tell them that you have only received partial statements and that if they don't comply within the 40 day timescale you will take up the matter with the Information Commissioners Office.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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It has now been 7 days and i have not had a reply form hbos is there a standard letter i can write to the Information Commissioners Office ?. Is it possible to start my clam with the statments i have (2 years).

Has anyone getting the same stalling from HBOS

all replys will be most welcome

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oh dear alw, when will the banks learn we mean business?

here is a thread explaining what routes you may now go down

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

you may put in a claim for the two years you have at the moment or alternatively you could treble the ammount this gives you and put in for an estimated claim. you can ammend this up or down when you have info to give you true costs.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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alw,

that would depend on how good you are on the phone hun, if your likely to get flustered doing this then i wouldnt i would put in a court claim however if you are quite good at explaining yourself then go for it. make sure you document any phonecalls to them and ask for a reference number for the phonecall. this will come in handy if you do have to go to court for the information.

are you in scotland? intending to use the scottish court system? if so the limit for small claims is £750. summary cause has a limit of £1500.

ok as to your question in pm i can only tell you what i would do but bear in mind i am in scotland using scottish court proceedure.

i would........

1. prepare a claim for the two years i had statements for using small claims proceedure. (or you could estimate a claim for all the years by working that out from the statements you do have)

2. phonecall to statements team informing them that i am about to issue court proceedings for remaining statements giving them (bearing in mind closure of courts for holiday period) until january £rd to get remaining statements to me.

3. prepare to go to court fill in claim forms etc ready to submit on january 3rd for the information remembering to give it a monetary value of lets say £50 for the time and costs to myself of making the claim. this is important as a claim for information only goes into a different court bracket. if you give it a monetary value it remains within the small claims remit.

 

hope this helps you however please ask anything else you feel ive left out.

i personally give the banks every opportunity to respond before court however there comes a time when you can no longer do that and must go to court. do not worry they do this from time to time just to delay things and try to put you off. one thing to remember you are right and they are wrong its your money and they might wriggle a bit but you will get it back.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Phoned HBOS tonight and spoke to somone who said it was unralistic to expect a reply by the 3rd of jan Due to holidays. explaned my position of waiting from the 25th October for my statments and said i was not prepared to wait any longer and would issue cort procedings on the 3rd if i had not recived all statments by then.will send my letter of tomorrow asking for repament of the last 2 years worth of charges while i am waiting.

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good for you and good choice if i may say so. i won my case today very pleased moeny is already in account so last minute shopping required i think

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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Surprise surprise after my phone call to HBOS a package came yesterday recorded delivery, all statments from nov 1999 up to date.

(What a threat can do in person and not by letter)

One question can i claim back the 6 years thay have provided me with or im i stuch to the 5 years i have heard diffrent stories ?

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  • 2 weeks later...

alw,

sol is right in scotland it is five years however you can go back further if you challenge the statute of limitations. i would claim your five years first while reading up on this then go for the earlier charges if you feel confident doing this.

as for interest you can claim back only that interest which is due to your charges. ie not on money you have used yourself. i have not done this as i thought the time involved in working it out wasnt worth what i would get back. you might feel it is worth working out and i believe it can be done.

bos~ Data Protection Act sent

~ statements received

~ owed £1766.82

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

bos Data Protection Act sent

~ statements received

~ owed £1217.86

~ prelim letter sent 30/08/2006:D

~lba handed in 14/09/2006

court date issued of the 17th november

27th oct full offer totalling everything including 8% interest court costs and £10 dpa sar..... one down next to go.

 

rbs~ Data Protection Act sent off 21/09/2006:mad:

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