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    • 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.
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Your bank is taking your benefits in charges


steven4064
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I have read this thread with considerable interest, and would like to seek advice regarding my financial situation. I am registered disabled and in receipt of both DLA and Incapacity Benefit, my wife is my carer; although we are being told by the Benefits Agency that we need to complete a form to make this official (we had informed the relevant people at the BA and were told they had "sorted" it out for us - they havent!).

 

We are a family of three who are on benefits, our daughter is at school and is 13. I am classified as chronically ill and am on first name terms with my GP's, who have written me a wonderful letter supporting my situation healthwise and regarding financial matters.

 

I admit to having been foolish to apply for four credit cards, a storecard and a loan. Everything has now caught up with me and I have been dealing with the relevant parties (banks and Credit Collection Agencies),including a financial statement. Add to this I have run into difficulties with a couple of my utility payments, and an old Council Tax bill has reared its ugly head. I have written to and offered monthly payments of £10 which have been accepted by all parties barring the Council Tax arrears; they want me to pay £90 a month! Threatening me with a bailiff if I don't comply. I have so far made one payment, the next is due soon.

 

I was told that I have to meet the payment of £90 which is to be paid for in five monthly payments, and inform the others that until I have cleared the Council Tax arrears they will be paid £1 a month; as Council Tax is deemed an essential need. I have received two letters informing me that I am now in default!

 

Another I am having problems with is MBNA, who I have written to and spoken to on the telephone; and have just received a letter from MBNA charging me £25 for the privilige! It made me laugh and I jokingly said to my wife that I'll respond in kind and ask them to donate my charge to a charity of my choice!

 

With what I've now read about the social security situation I would like to enquire as to were I stand! When I applied for my credit cards/store card/loan I informed each party of my financial situation, and that is that I was and still am in receipt of benefits; they were more than happy to award me the aforementioned credit facilities! Can I reduce the monthly payments on the strength of this, and maybe even have them erased!!! I know I'm asking a lot, but these forums are a brilliant source of information.

 

I thank you in advance of your responses.

 

seeker27:grin:

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Hi seeker

 

You need to pay off the council tax bill before everything else as it is a priority debt (MBNA can go ....)

 

You need some proper advice on managing these debts - if you have not done so, go to CAB or contact National Debt Line (National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000, phone 0808 808 4000) ASAP.

 

The income and expenditure statement you have already is a good start. You then need to budget to pay off priority debts first. THese are

 

Rent/mortgage

secured loans

Council Tax

electricity/gas (not water)

fines (if any - may not apply but others may find this useful)

maintenance arrears (as above)

hire purchase debts

 

in that order.

 

Anything left over can bve offered to non-priority creditors at £1 a month. THis includes MBNA however loudly they shout. Do not speak to them on the phone but keep detailed records of when they call. THey are particularly nasty to deal with. THe reason they harass and bully you is just because they are non-priority creditors - they hope to bully you into paying them money that would otherwise be used to feed your family or pay priority debts.

 

 

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Hi seeker

 

You need to pay off the council tax bill before everything else as it is a priority debt (MBNA can go ....)

 

You need some proper advice on managing these debts - if you have not done so, go to CAB or contact National Debt Line (National Debtline – Free, Confidential Debt Advice – Call 0808 808 4000, phone 0808 808 4000) ASAP.

 

The income and expenditure statement you have already is a good start. You then need to budget to pay off priority debts first. THese are

 

Rent/mortgage

secured loans

Council Tax

electricity/gas (not water)

fines (if any - may not apply but others may find this useful)

maintenance arrears (as above)

hire purchase debts

 

in that order.

 

Anything left over can bve offered to non-priority creditors at £1 a month. THis includes MBNA however loudly they shout. Do not speak to them on the phone but keep detailed records of when they call. THey are particularly nasty to deal with. THe reason they harass and bully you is just because they are non-priority creditors - they hope to bully you into paying them money that would otherwise be used to feed your family or pay priority debts.

 

Steven,

 

Many thanks for your reply, it is very much appreciated. I am now quite efficient at dealing with these non priority creditors on the telephone, but will in future, ask them to contact me in writing.

 

Steven, regarding the credit collection agency writing to me and telling me I have defaulted on my payment arrangements. I did write to the credit collection agencies concerned informing them of this new debt that I had to pay, yet they responded negatively! How should I proceed?

 

Also since first writing to the CCA's my gas/electric has gone up, and due to my disability I am having to use the private hire to get me about; which has affected my income and expenditure drastically. I am contemplating writing to the CCA's concerned and informing them of my aforementioned changes, and reducing my monthly repayments.

 

 

seeker27

Edited by seeker27
I forgot to ask a further question.
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  • 3 months later...

My jsa got eaten in bank charges today. But it was lloyds bouncing of a payment that would have sent me £10 in debit if they had paid it but sent me £20 in debit by bouncing it. This is the 2nd occourance this year and now ive got £4 to live on for a week ( me/wife/3 kids) where the gov say i need £90. 2 people at lloyds say they must refund the charge as its not my money but the governments, last person said phone back at 8 in the morning. Oh well kids dry bread for tea..

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  • 3 weeks later...

Last year November 2008, I had sky direct debit set up from my Nationwide a/c... I was not working then as i was on maternity, the only income into my a/c were tax credits, and child benefit, the amount which sky should have deducted should have been £23.00, but they 've tried deducting £30.00, this amount bounced, they tried the second time, after which I notified Nationwide to cancel the direct debit, but somehow it happened the 3rd, of which natinwide told me it was too LATE to stop it then, in total , i was charged £90.00, by the bank , can i reclaim ? if so which is the best way/approach pls ???

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  • 5 months later...

i know that the banks cant take benefit any forms of benefit to pay for charges or when an account is overdrawn, they have a legal right to pay the money back to the customer, in fact if you go into the jobcentre there is a letter they can send to the bank requesting this. however the jobcentre do offer post office accounts which may be a good route for now - tey are free.

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  • 2 weeks later...
i know that the banks cant take benefit any forms of benefit to pay for charges or when an account is overdrawn, they have a legal right to pay the money back to the customer, in fact if you go into the jobcentre there is a letter they can send to the bank requesting this. however the jobcentre do offer post office accounts which may be a good route for now - tey are free.

 

If this is the case that we cant claim back our charges under the social security act 1992, then shouldnt the template letter stick for claiming bank charges back when on benefits in the template letter section be removed?

 

Both - please see post #21

 

 

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  • 2 months later...

I have managed to sort out quite a lot of my financial mess, until recently. I have a current account with NatWest and a overdraft limit of £750.

 

Until recently all my benefits used to go in to this account, but I was unable to control my finances so had all of my benefits transferred in to my savings account so I could keep track on what was coming in and what was going out.

 

Now my problem is that NatWest have charged me extortionate fees and I am currently nearly £950 overdrawn. They have charged me almost £200'ish. I have been charged £76 Unpaid Item fee, Guarantee Card Payment Fee £70, Unpaid Item Fee £15, Guarantee Card Payment Fee £15.

 

Can I be charged so much money in fees, I am a single mother and on benefits and I am also a carer for my sick mother. I am very worried as I owe so much money to NatWest and I do not think I will be able to pay so much money back.

 

I went to my local branch and spoke to the manager about the excess fees, and he told me that there was nothing that he could do he said. Please could someone help me please?

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  • 10 months later...

can anyone please clarify, if im being chased for debts, but am on benefits, pensioners etc, can the court make an award for payments of these debts against my income, which is below the accepted standard and therefor paying benefits to me to ensure im at at that standard,

Seems any award made against my income would in effect bring me back below that minimum, and if they did, could i then apply for more benfits as its been taken by the courts??

Edited by pawnbrokers
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  • 1 year later...

This has been posted elsewhere on the site,but its needed in here too.

 

A friend of mine was in despair following Santanderlink3.gif not only charging him for a failed direct debitlink3.gif,but then continued to add further daily charges.

He informed me that he had called them and emailed them,explaining that the charges were punitive since his only income is Jobseekers allowance.

The fees stood at £55 and were rising.

He asked me if I could help,and duly wrote him a letter.

I was finding it hard to understand,how a bank like Santander,were openly flouting their obligations.

My friend had pleaded with them and explained his situation.

Santander of course could see from the account too-that he was in reciept of benefits since they were paid into this account.

No excuses then...lets get to work.

 

 

 

 

 

Account number xxxxxxxxxxx Sort Code xx xx xx

 

 

 

 

letter before actionlink3.gif

 

 

Dear Sir/Madam,

 

I am very disappointed in your response to my complaints which were made to you today, and that you have chosen to ignore my request for hardship, I therefore have no alternative but to seek recourse through the county courtlink3.gif system. I believe that Santanderlink3.gif have treated me unfairly under the following BCOB rules of which Santander should be compliant with,since Santander is a firm regulated by the FSA.

 

Rule 5.1.1 R states “A firm must provide a service in relation to a retail banking service which is prompt, efficient and fair to a banking customer and which has regard to any communications or financial promotion made by the firm to the banking customer from time to time.”

 

Rule 5.1.4 G “Principle 6 requires a firm to pay due regard to the interests of its customers and to treat them fairly. In particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty.”

 

Santandar have been informed that I am in reciept of state benefits and that I need these to cover essential living costs including food and heat/lighting.

 

Santander have not at any point acknowledged that this is a hardship case despite me notifying you.You have levied charges of £55 in recent days,and have refused to refund these in your return call to me on 6th.June. For these grounds I feel that I have been treated unfairlylink3.gif.

 

In order for this claim to be settled without the need for court action I require that the full amount taken of £55 returned to me by way of a credit to my account.

 

 

If I have not received a satisfactory response within 14 days then court action will be commenced without further notice and further costs will be incurred.

A judgment for a breach of BCOBS is very serious and the FSA would be empowered to act.

 

 

Yours Faithfully

 

 

Mr V. Upset

 

 

 

 

Would the recipients of his email to Santander actually know what the letter was about ?

 

You bet they did!

 

 

He got a reply quite swiftly...in fact in the space of 30 minutes.

 

 

 

 

 

 

 

 

Message:

Good Afternoon Mr V. Upset Thank you for your email.

I am happy to reverse the amount of £55, which have been waived due to exceptional circumstances.

To ensure no further charges are incurred on your accounts, we would ask you to monitor your accounts throughout the month. This can be completed through Online Banking, Local Branch and Telephone Banking.

I hope this information is useful and if you have any other queries, please do not hesitate to contact me via Secure Messaging or my colleagues on 0845 9724724.

Kind Regards,

 

The nice man (who knows his BCOBs from his bankcharges)

 

Santander Customer Services

 

 

 

So the message to all those who believe they have been treated unfairly,is to give them a taste of their own famous words when they fob you off with sorry we cant refund the charges..... "This may not be the reply you wanted"

 

Edit.

The banks get letters and emails from people threatening them with Court action every day.

We know this and so do they.So its essential,that you are willing and prepared to act on any threats if the bank do ignore your letter/email.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 3 weeks later...

I did this a few years ago, if you say you will accept a lower amount than what's owed they will be more likely to give you a refund. Since then though I have always lived within my means and never go overdrawn, five years and counting.

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Accepting anything less than whats owed is not something CAG would ever advise.

Of course they will be more likely to agree if you do.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 5 weeks later...

bcobs came in nov 2009

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 9 months later...

Does it matter if you didn't notify them at the first instance that you were on benefits? I've been on DLA for 4.5 years now. I dread to think how many times i've been charged the £22 personal reserve usage fee from barclays, but i never notified them. Do i stand a chance of claiming them all back?

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Does it matter if you didn't notify them at the first instance that you were on benefits? I've been on DLA for 4.5 years now. I dread to think how many times i've been charged the £22 personal reserve usage fee from barclays' date=' but i never notified them. Do i stand a chance of claiming them all back?[/quote']

 

start your own thread in the Barclays forum

 

see video below

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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