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    • Should this to be take into court with him or should he send something in earlier?
    • 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.              
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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DG v RBS


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I am writing a DPA request to RBS for details of charges to my account over the last 5 years (I am Scotland based). I opened my Student account in 1998, in 2003 it became a Graduate account and since 2005 it has beeen a Royalties account. Despite these changes to my account type is it all counted as the one account or will they see it as 3 different accounts?

 

Obviously I shall be sending the £10 fee but as I do not have a cheque book what are the alternative acceptable payment methods? Would a postal order be ok? My mum has said she will write a cheque for me if I can't use any other method - will they accept a cheque signed by someone other than the person applying for the DPA?

 

I will be sending the letter to my branch, do they have a duty to pass it on to the correct person if they cannot fullfil my request?

 

Sorry if these seem like very elementary questions, I just want to make sure I do everything absolutely correctly and they have nothing to catch me out on. Thanks in advance. :)

RBS:

Data Protection Act request sent 6/6/06

Prelim sent 23/6/06 - no response

LBA sent 10/7/06

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Even though the account has changed it is still the same account. You only need to make one request.

 

A crossed postal order will be fine to pay for the request.

 

You can send it to your local branch - just make it clear it is a DPA request. Alternatively if you look at the posts at the top of this forum there are some contact details of addresses to send your request to.

  • Confused 1

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Thanks so much for the swift response! :)

 

I will update when I receive a response from RBS.

RBS:

Data Protection Act request sent 6/6/06

Prelim sent 23/6/06 - no response

LBA sent 10/7/06

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  • 2 weeks later...

Yesterday I received an envelope with all my old statements inside but no letter detailing information on manual intervention. It looks like they have charged me £5 for the statements and credited my account with the remaining £5 from the cheque I sent. Had a quick look through the statements and I think I'll be claiming back at least £1600 :eek: I'm really shocked, I thought it might be about £500!

RBS:

Data Protection Act request sent 6/6/06

Prelim sent 23/6/06 - no response

LBA sent 10/7/06

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Hey there debt girl, just joined the site myself and will be taking my initial letter into the bank tomorrow. You asked all the questions I wanted to. I'm so glad I found your thread.

Good luck with everything

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Hey there debt girl, just joined the site myself and will be taking my initial letter into the bank tomorrow. You asked all the questions I wanted to. I'm so glad I found your thread.

Good luck with everything

 

Thanks for the good wishes! I hope everything goes well for you too :)

RBS:

Data Protection Act request sent 6/6/06

Prelim sent 23/6/06 - no response

LBA sent 10/7/06

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Ok, I thought I'd managed to work all this out but I'm having problems - as I've mentioned in another post I have a real problem with numbers and the more I look at my statements the less sense they make!

 

I know that I can claim for:

Unarranged overdraft maintenance charge

card misuse

Unpaid DD and CHQ

 

I know I can not claim the £6 account service charge but what about when it is incorporated into the unarranged overdraft charge? Do I deduct £6 from the charge or claim the whole amount?

 

I'm using the spreadsheet to calculate interest so do I list every single interest charge that appears on the statements or just the ones that appear after charges?

 

:confused:

RBS:

Data Protection Act request sent 6/6/06

Prelim sent 23/6/06 - no response

LBA sent 10/7/06

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Guest willowb

Hi there debt girl:) I didn't deduct the standard charge from the unofficial overdraft fee. I figured that they should have done this in the first place! but I'd wait for a more informed response.

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Thanks for the info willowb :) I've put everything in the spreadsheet and the penalty charges come to £2125 and the interest on penalties is £220.69 - not sure if it's quite right as is sounds an awful lot!? Anyway my claim is definitely well over the £750 limit in Scotland so if I'm going to sever the claim do I send the prelim letter for the full amount or do I just ask them for £750 initially? I've tried searching for info on this but can't find a clear answer.

RBS:

Data Protection Act request sent 6/6/06

Prelim sent 23/6/06 - no response

LBA sent 10/7/06

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  • 3 weeks later...

Update: Have had no response at all to the Prelim letter so LBA has been posted with revised schedule of charges due to another charge taken in the last 2 weeks.

RBS:

Data Protection Act request sent 6/6/06

Prelim sent 23/6/06 - no response

LBA sent 10/7/06

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Thanks for the info willowb :) I've put everything in the spreadsheet and the penalty charges come to £2125 and the interest on penalties is £220.69 - not sure if it's quite right as is sounds an awful lot!? Anyway my claim is definitely well over the £750 limit in Scotland so if I'm going to sever the claim do I send the prelim letter for the full amount or do I just ask them for £750 initially? I've tried searching for info on this but can't find a clear answer.

 

What is this £750 limit? I haven't heard of this. I am about to send of my prelim letter for £848. Any advice

 

Imamackay

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Guest willowb
What is this £750 limit? I haven't heard of this. I am about to send of my prelim letter for £848. Any advice

 

Imamackay

 

Hiya:)

 

There are different rules and regs for Scotland as far as I can make out. If you read the FAQs you'll find everything you need to know.

 

debt girl, I only asked for the charges back in my lba, thinking that if they coughed up then I'd be happy with that (rightly or wrongly). since they haven't though!!! I have submitted a claim for charges (inc. referral, od and penalties) interest on those charges (use the spreadsheet or work out the formula yourself....0.00022 x amount x number of days since charge) plus the interest charged on the overdraft and any interest on the interest!!!!:confused: :o

 

Well....in for a penny!!! I'll let you know, but I've learned not to be NICE!

 

Good luck girl:)

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