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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?    
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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...
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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.

      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.

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      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
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MKandy vs Capital One "WON"


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Had a default placed on my account by these lovely people, had some hilarious letters sent back by them basically telling me to get lost.

 

S.A.R - (Subject Access Request) request sent yesterday, going to reclaim any charges and get the default off too. Should be relatively simple!

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Yeah i've been reading up on the wins with Capital One. I have no problems taking it to court, the default amount is only £300 odd, and was applied 4 years ago. Based upon that, and the fact most of it is made up charges i'm hoping they wont bother persuing a court case for such a small amount of money.

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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  • 2 weeks later...

All statements and manual intervention recieved today (very promptly, and Special Delivery too!).

 

Charges only amount to £360, spanning a year but the point is it amounts to more than the default amount they placed on my credit file (hurrah!). Preliminary Request for Repayment to be sent first thing tomorrow.

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Are you going to ask for Contractual Interest?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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The standard 8%? Yup

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Ok, the 8% you can ask for at the court stage, not in your preliminary letter. You will probably get a small offer of some charges back, but if you follow the procedures you should get all of your charges back. You will have to file with the court first though. It has been this way for over a year now.

 

Uk

WARNING TO ALL

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Yeah i realised my error this morning, i've sent out the letter not inclusive of any interest charges, and i've stated this in my Preliminary letter. I will argue the Interest if/when it gets to a court stage, we're not talking a massive amount here though, roughly £30.

 

The main thing i'm looking to resolve is the outstanding default, which is less than the total accumilated charges.

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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  • 2 weeks later...

Reply recieved nice and quickly today. Offering me the difference (as expected)

 

Quick question though in terms of next steps. Shall i get a copy of the CCA and send the LBA still (accepting the partial offer).

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Sent rejection letter today! :D

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Good, now the wait. .

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Long wait no doubt, given the postal strikes.

 

LBA, then Court Action! Hooray!

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Recieved a reply to my rejection letter!

 

Generic words to the effect of:

 

'Our offer stands, get lost sucker, here sign another form (which they didnt attach), this is my final letter, let's put this behind us so we can save the court's valuable time.'

 

Ellie Renshaw.

 

I find the last bit hilarious! Save the courts valuable time! How about you just pay me instead then!

 

I'm going to file an N1 soon (when funds allow as decorating comes first!). How much does is cost to file? Amount is only around £350...

 

I suppose the steps after filing will include, full offer, neglecting the default on my Credit File. They tell the court i've settled. I then disagree, they remove default, i go and buy my new tv?

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Remember to mention clearly on your N1 that this is regarding a credit card account otherwise it gets stayed automatically until the OFT case.....i made this mistake and then had to send separate forms and charges requesting a lift on the stay...

Co-Operative bank default removal - succesfull december 2007.

 

Capital One Bank default removal - succesfull february 2008.

 

Co-Operative bank Visa default removal- Claim filed March 2008

 

Smile default removal - ongoing

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Where abouts? They wont be offended by CAPITALS will they?

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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When I handed mine in the clerk said they knew Crap One it weren't bank claims so there wouldn't be a problem, and there wasn't. To make sure, I put "......return of penalty charges levied to the claimants Crdit Card Account" in the Brief Details of Claim part on the first page of the N1. Suppose it depends what Court it is as well and how up on things they are. I filed at Walsall. Did the same on OH's Snatchwest claim and that hasn't been stayed either.

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Thanks Wendy - how much was the fee for filing?

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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It was £80 when I did my Crap One claim, but the fees have changed now from 1st October. Have copied from Courts website for you

 

up to £300

£30

£300.01 – £500

£45

£500.01 – £1,000

£65

£1,000.01 – £1,500

£75

£1,500.01 – £3,000

£85

£3,000.01 – £5,000

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Sorry if it seams that I'm hijackking I'ts not my intention!

hi I'm Claiming

£818 in Charges

£230 Self litigation Fee

£211.25 Stat 8% interest to date and

daily rate of £0.18

when I put total claimed on my N1 do I include the stat interest to date ie; total ammount claimed £1259.25 or £1048.00

I would be grateful for any help

[sIGPIC][/sIGPIC]

 

:)Surely life can't get any worse it has to only get better from hear on out:)

 

LTSB- My claim like thousands of others is Stayed

Cap 1-See my tread about that one

Barclaycard- Won before court stage

GE capital -2 accounts and LTSB card letter asking for refund stage (Waiting for out come of the above to carry on with these ones )

Sars sent for all my mums accounts

About to start PPI claims on My Mums accounts

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Thats what I did on mine, except I didn't have a self litigation fee (whatever that is). I put the part about the daily rate underneath the total that I'd put in the value part.

 

As you've already got a Capital One thread of your own best thing to do would be to post any questions on that.

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Is it worth applying for CCA before i proceed to court?

 

I want to get a default removed, and feel this could come in useful for leverage.

 

Andy

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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UK and Doo (Ithink) is your best bets for this one, but as far as I know you should be able to get the default removed if the charges make up the most part of the default. The advice is to claim default and charges as the same claim.

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Might do that first then, wait the 14 days then issue the N1

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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Hi Andy

 

I would get a CCA anyway. I have a feeling you may have an Application form and not a fully executed agreement. Worth a look. If this is the case then let us know.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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I don't remember signing anything! But then again it was 2002 and that was an awful long time ago.

 

CCA sent today - recorded delivery.

NatWest - WON! £3350 Paid back

Vodafone - Default removed

Citicards - Judgement awarded for £1898, default remains though...for now....

Capital One- WON! Settled out of Court £392 + Default Removal!

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