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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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Old Endowment Policy - Can Anyone Help


Guest Mumofthreeboys
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Guest Mumofthreeboys

Well I'm going to court with the Woolwich and so feeling there was more money unlawfully taken I should go after our old endowment for mis-selling.

 

We were sold the policy by Hambro Guardian Assurance in March 1991 for £64,000 for our first house together.

 

Basically, they sent someone round to discuss the endowment and made it sound so good you couldn't turn it down....... it would pay off the mortgage and then some and we would have enough for a holiday, etc, etc.

 

We took out the policy, but in August 1992 stopped paying into it, as we just couldn't afford it.

 

So, I paid a visit to the Which? website and fired off the letter of 'complaint concerning advice received on endowment mortgage' on 22nd May giving them 14 daysto reply.

 

Got a letter back dated 8th June from Countrywide Assured saying 'that there were time limits that apply to complaints regarding the sale of endowment policies. These rules state that customers have three years to complain from the date they ought reasonably to have become aware they had grounds for believing the policy was mis-sold.

 

I note in August 1992 you ceased to pay any further premium to the policy and the policy subsequently lapsed. Had you been unhappy with not receiving a value or about the sale of the policy I feel you would have contacted us at that time'.

 

They have said they will not investigate my complaint and this is their final decision.

 

So, does anyone have any useful ammunition with which to hit them please - all comments welcome :)

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Hi mum!

 

I would suggest another letter, outlining the fact that the policy was frozen/stopped due to your financial reasons, and not due to the performance of the policy at the time.

 

Refer them to their legal obligations to deal with a complaint properly and not to come back with excuses. Also, ask whether any actual deadline has passed, or whether it is just their opinion that you should have complained earlier.

 

It's my opinion that they don't give money back willingly (who does).

 

There also may be other avenues to go down, but start with the possible mis-selling

.

Barclays - £268 - Moneyclaim

Capital One - £172 - Moneyclaim

Abbey (2nd claim) - Moneyclaim

---------------------------------------------------

 

HSBC - £2164.46- PAID IN FULL

MBNA - £471 - PAID IN FULL

NatWest - £307 - PAID IN FULL

Abbey Business - £314.15 - PAID IN FULL

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Guest Mumofthreeboys

gordonhall, thanks for your help. I have added your comments into my draft reply letter.

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  • 12 years later...

Hi

 

I had three endowments, two sold to me in April 1888 (sold by independent brokers who can't be traced now) and third in August 1989.

These were not needed and I had no dependants at the time.

 

They were sold in connection with mortgages.

All had major shortfall and the brokers never carried out any checks or risk Assessments.

 

I wrote to the companies but two of them said their brokers were independent and did not to abide by the law as the law came in effect in August 1988 and they have rejected the claims.

 

The last one in 1989 has also rejected as the small broker I think didn't give them any checks or risk Assessment as he never did any.

It was missold. And I did not at that time understand about endowment and was made to feel I should take it or I won't get the mortgage.

 

i wrote to the company but they have rejected as they want me to provide evidence what the broker said but I have not got the brokers notes!

All I have is my paperwork proof of payment and policy doc and letters of shortfall.

 

These policies are quite old and matured in 2012 and 2014.

Is there any hope

Or what's the way forward?

 

Would be grateful for any advice.

Thanks

Edited by dx100uk
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thread is +12yrs old

you wont get see here

 

start a new thread

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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