Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Studio/Ace Card & Gifts - HELP!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6087 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello guys,

 

I recently ordered some items from Studio/Ace catalogue around Xmas time. I didn't get everything I ordered, therefore making things hectic as I had to go elsewhere to complete my gifts bought.

 

I was quite annoyed by this as its was quite unprofessional by the catalogue. Maybe they were out of stock ? When I got my bill I didn't pay right away as I was disappointed not to get everything, plus I was on benefits. The bill was only around £15.00 in total. Now I am being threatened by a company called Moorcroft Debt Recovery Ltd for fees in excess of 65.16 + £20.00 admin fee (for sending ONE letter). I don't agree with this amount as these fees are really unfair/unreasonable.

 

I have been threatened with 1.bailiffs, 2.contact of my employer to recover funds, 3.property blacklisting and 4.court attendance.

 

What can I do, I'm only 19 and don't know how to deal with this type of mess...Any HELP would be appreciated.

 

Thanks,

Kirsty19

Link to post
Share on other sites

Hi Kirsty,

this is Maggie,

see my thread Wescot ,please help.It is to deal with Studio Cards originally.

Hope it helps you,I know its a long thread ,but I hope it will do you some good.

Maggie

Link to post
Share on other sites

Hello guys,

I have been threatened with 1.bailiffs, 2.contact of my employer to recover funds, 3.property blacklisting and 4.court attendance.

 

None of those can be applied unless you have a CCJ.

 

1. Any 'bailiffs' that call round will be debt collectors, not bailiffs, and they have no powers of entry whatsoever. See the Debt Action Group section on the main forum page for more about the differences between Court Bailiffs and lowly slime-wyrm debt collectors.

 

2. Employer contact would be a breach of the Data Protection Act without a court order; with a court order (CCJ) they can apply for an Attachment of Earnings order, so that a small amount will be deducted from each paycheque. This would be set by the court to an affordable level for your financial situation.

 

3. Property blacklisting - again, needs a CCJ and an application to put a charge on the house. There is no way that a judge would consider a Charging Order for such a small amount.

 

4. Court attendance - not as scary as you might think, as it would be the Small Claims Court, or the 'everyman' court; you would get as much of a chance to explain your situation to the judge as the catalogue company would.

 

Have you actually contacted the company about the missing goods? You need to write them a letter, sent Special, outlining the situation and making an offer to pay what you actually owe, whilst disputing the rest. Make it clear that you're more than willing to pay what you do owe, but refuse to be charged over the odds for a mistake of their making. Post it up here before you send it and someone'll have a read through.

 

You can also make a request for your original agreement with the company; a lot of companies don't store them with the care that they're supposed to, and without an original signed credit agreement, the debt becomes unenforceable in court. Again, you need to go to the Debt section and read up on Consumer Credit Agreements; the criteria may apply in your case.

 

Hope that helps.

  • Haha 1

-----

Click the scales if I've been useful! :)

Link to post
Share on other sites

Hi Demon_x_slash,

 

I have paid the original amount I owed - was only £14.00, I didn't have to pay for items that didn't arrive (I wasn't charged for them).

 

Its the admin fees and moorcroft fees that I don't want to pay as I feel they have no grounds for charging them. I have the first letter in the envelope, but Hull has been flooded for two days - should be posting tomorrow with a £1 cheque.

 

Thanks for your help, will post any response by them ASAP...

Link to post
Share on other sites

Thanks Tau.Very much .I have been concerned about Kirsty19 all day.

Hope this helps you in someway Kirsty19.

We are all here to help you as you can see.

Maggie

 

Thankyou Maggie, you've all been great...

 

will post any news ASAP ! :)

Link to post
Share on other sites

Hi everyone, just got a phone call from 0161 4752802 asking for Kirsty (+ surname). We just said she's not here. They then said "can you ask her to call Andy back - its a business call" on same number. I chose not to answer as someone on here advised me to sort everything through post.

 

Did I do the correct thing ? Should I call back ? I have already sent them the 1st request with the £1 cheque etc. They must have got it today...

Link to post
Share on other sites

No, don't call back - in one of your CCA/harrassment letters I'm sure it states that you will only deal with them in writing. If you're that worried about it, write them a short line in the morning saying something along the lines of: "Your representative attempted to contact me; I have previously stated only in writing; I stand by that; all further communication not in writing will be ignored..." Personally, I'd just wait and let the deadline for the CCA run out.

-----

Click the scales if I've been useful! :)

Link to post
Share on other sites

AFAIK, but you'll get a much more assured answer in the Debt forum, upon receipt it's 12 working days before they're in breach, and a further 30 days before they're in criminal breach and the debt becomes unenforceable. Bear in mind, though, that the company can (although unlikely) apply to the courts to get the debt 're-activated'; they will also find this very difficult to do if they can't produce the paperwork. As I said, this is better asked on the Debt forum, as this isn't my speciality :)

-----

Click the scales if I've been useful! :)

Link to post
Share on other sites

Unless you have kept all your statements, I would also make an SAR request for a list of all the charges they have added on using the template letter.

 

I sent the SAR letter to ACE 2 weeks ago on behalf of my husband, they have just replied with a list of their charges which they have immediately refunded crediting his account. They also credited the £10 chq he sent them onto his account.

 

Regards Joan

First letter to halifax sent rec del 26/4

Data Protection Act letter to capital one sent rec del 26/4

Halifax 1st offer dated 5/5

Capital One ack Data Protection Act request rec 6/5

Request for repayment to Capital One 2/8

LBA sent 22/8

Court proceedings issued 13/10

Settled in Full 9/11

Donation made 14/11

Link to post
Share on other sites

  • 1 month later...

Kirsty,

I had exactly the same problem as you and I was adamant that I would not pay the outrageous admin charges (£60.00!!), this is what I did:

Copied a letter from the BBC website regarding the refunding of bank charges, changed the wording slightly and sent it recorded delivery. About a week later I had a letter from Studio and they agreed to wipe the charges from my account!

RESULT!!!!!!!!

Hope you manage to sort it out soon,

Bev.

Link to post
Share on other sites

Hi Bev,

 

We've still had no reply via letter or by phone. Don't know how to look upon this. Whether positive or negative. It does seem a bit strange though. A recorded delivery letter was posted and all instructions followed.

 

A letter from them may have been lost in the post as there was the BAD flooding in Hull at the time and also numerous postal strikes in-between.

 

Glad yours got sorted ! I like good news !

 

Kirsty

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...