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

Not sure how to proceed but story so far :

 

April - New bike for hubby meant ammending existing policy but pay insurance by direct debit so nothing for us to do cos increase in premium will be reflected in an increased DD payment.

 

May 15th - £96.04 taken from bank account by debit card. Rang Bennetts who said that the payment did not refer to his policy & asked us to fax proof of this debit to my account. Fax sent same day.

 

May 18th - no response from Bennetts so rang again. Had to resend fax & got promises of investigation into what is going on.

 

On & on & on this has been going.

 

Turns out that I paid someones insurance by card a year ago cos they didn't have debit card of their own. His policy is now due for renewal so Bennetts wrote to him & advised that they would be claiming payment from account that paid it last year & that he should notify them if this wasn't correct.

 

Yes, you've guessed it- he didn't tell them so I have paid his insurance through no desire of my own. I am no longer in contact with this guy so cannot reclaim the money from him!

 

What can I do? I've phoned & just got useless promises, I've written a complaint & sent it by recorded delivery but I just want my money back & I want to know whether it is lawful for a company to keep my bank details on file, even though the policy doesn't relate to me, my family or my address!

 

Please help if you can.

 

Kathy

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You should be able to claim money back via your bank. If the payment was based on an annuel direct debit then your covered by the guarentee. otherwise you could do a charge back if this was via debit or Credit card ( not sure if this would cost you anything)

 

Bennetts should then take the matter up with the policy holder and chase them for the premium

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Thanks for reply but I am loath to ask my bank to do this since it wasn't their mistake in the 1st place & I feel that it lets Bennetts off the hook a bit too easily. If all else fails, I will have to ask them to do that though.

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agreed, however from my experience it would be quicker!

 

Bennetts may not have being aware that they couldn't again use your bank details ( as you state they wrote out to policy holder and advised what would happen) I know this is unfair on you, however many companys do and can hold your details, the original agreement with the pholder may have advised this at inception and certainly on the renewal documents.

 

The policyholder is the person at fault as insurers have to act on upmost goodfaith.

 

I would contact your bank, I understand why you don't want too however in my opinion ( and 8 years call centre insurance knowledge) this would be the quickest way for you to get what you want. Bennetts would then contact the policy holder regarding the debt and deal with that issue seperatley.

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The main issue here to me is that Bennetts took a payment from your account for an insurance policy in someone elses name. They shouldn't have taken it without contacting you for your authority. You will need to inform the bank as a first step as I suspect trying to get it resolved by Bennetts will be a long process.

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  • 2 years later...

I'm sorry to hear of your complaint. This company should be avoided at all costs, I made the mistake of taking out a policy last year and sorely regret it. They renewed my policy without asking and then charged me £20 to cancel it. If that wasn't bad enough they then took a further £30 and can't explain why or what they will do about it. Calls to them cost a premium (0844), they're creaming it all round. Beware Bennetts!

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  • 2 months later...
I'm sorry to hear of your complaint. This company should be avoided at all costs, I made the mistake of taking out a policy last year and sorely regret it. They renewed my policy without asking and then charged me £20 to cancel it. If that wasn't bad enough they then took a further £30 and can't explain why or what they will do about it. Calls to them cost a premium (0844), they're creaming it all round. Beware Bennetts!

 

They have done exactly the same to me, I can shed some light on the charges.

 

The £30 is a 'renewal fee' that they essentially fine their renewing customers with by hiding it within their quote. If you check the breakdown of your total charge you will see that the items detailed do not add up to the total. This is similar to a restaurant deliberately adding up a customer's bill incorrectly in order to overcharge them. If you had called Bennett's up to say that their total charge is not competitive and you won't be renewing, they would have removed this hidden charge. Does that sound fair? No :-x

 

They charge a cancellation fee of £20 within the 'cooling off' period, £30 afterwards. Is that fair when the policy has been renewed without your knowledge and you have been charged without giving consent? No :-x:-x:-x

 

Finally Bennett's will claim that you consented to automatically renewing your policy in perpetuity because when you bought the policy you answered 'yes' to their question along the lines of 'When your policy is approaching expiry may we obtain updated quotes and write to you offering continuing cover?'. Is that the same question as 'Do you want to automatically renew your policy with us'? No :-x:-x:-x:-x:-x!! I am minded to refer them to the ombudsman over this issue in particular and will have a good read of the material on this site to assist in my doing so.

 

In the meantime I whole-heartedly agree with your recommendation for all consumers to BEWARE BENNETT's :mad:

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