Jump to content


  • Tweets

  • Posts

    • Should this to be take into court with him or should he send something in earlier?
    • 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.              
  • 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

Question on MPPI Paymentshield


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2234 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

OK thanks to the help and advice I've received on here, I am underway with my PPI claims (one letter sent and one SAR done!!)

 

My brother asked me about his MPPI which he bought through a broker when he got his mortgage with A &L. It was made clear to him at the time that he had to have this MPPI with Paymentshield so he got it.

He took out the mortgage and MPPI in 2005.

 

A quick google tells me that Paymentshield claim they are very different to the PPI organisations and that there is no point claiming against them as they have not missold.

 

Is this true?

 

My brother would certainly not have gotten this MPPI if he hadn't been made to think it was compulsary.

 

Does he have a claim and if he does, who does he start with? The broker or Paymentshield (that's who the payments are to each month)

Any advice very gratefully received on this!

 

Anybody please?

Link to post
Share on other sites

Hi

 

MPPI is very similar to PPI and if it was mis-sold then you should at least out in a claim to the company that you were paying the premiums to.

 

I would use the standard approach of spreadsheet of claim and fos questionnaire.

 

Have a look at some other MPPI claims on the site....CAG search facility top right

 

ims

 

Link to post
Share on other sites

Thanks Ims. I will have a look.

Just wasn't sure if anyone had anyone on here had any success with this company as there doesn't seem to be much about them on the internet other than a lot of literature from them stating that the MPPI they sell is not like other MPPI and they won't pay out, also that people need to be educated in the difference (which I do!)

Link to post
Share on other sites

In my view they would say that to put people off reclaiming.

 

If anyone has any suspicion that they have been mis-sold a protection policy on a loan then in my opinion they should try and reclaim.

 

As with anything, there are no guarantees but unless you try you will never know.

 

fos is also a route that is open if the company refuse to cough

 

ims

 

Link to post
Share on other sites

Thank you Ims.

I said I would help him with this, even though I'm feeling pretty clueless!

Will email him the link to the spreadsheet.

Can I ask, he knows how much he paid each month to them but how would he go about filling in the spreadsheet? Under you guidance I filled this out for my Barclay card but that was different because it was a store card so I filled in the 'payments out' ie charges and all payments made each month.

For mortgage PPI in this case to a separate company how does he fill in the spreadsheet and is it the 'StatIntSheetV101.xls' he would use for this?

Link to post
Share on other sites

Yep that's the correct spreadsheet

 

Just list the payments made with the date of payment, the description and the amount. The sheet will do the rest.

 

"Claim to" date is right up to now.

 

ims

 

Link to post
Share on other sites

Brilliant. Thank you!

Looks like an afternoon tomorrow filling that in with him then. :)

 

When we looked at the paperwork he had I couldn't find any interest rate for what he was paying then. With the Barclaycard one you had suggested 24.9% (and let them work it out! :lol:) but that seems very high for this. He was paying on average £30 per month and his monthly morgage payments were £680 according to the paperwork I've got here.

What would you suggest we put for this?

Link to post
Share on other sites

The premium was a separate payment from the mortgage.

 

As it was not part of a loan agreement there is not contractual interest to claim because no interest was paid.

 

If you are successful you will get back the premiums plus 8% statutory interest.

 

ims

 

Link to post
Share on other sites

Thank you so much Ims. You're a star.

You're right of course. I think it's my bedtime because I wasn't reading the spreadsheet correctly! :lol:

Off to bed now and start on this tomorrow! It's quite addictive this reclaiming malarkey! :madgrin:

Link to post
Share on other sites

Hi there, Im new and googled a similair situation and it brought me here. Id be interested to know how you get on with this as I also took out paymentshield unemployment cover through a broker/solicitor and feel I have been misled. At the time a explained to him my job situation and felt it wasnt the right thing for me as my job is pretty sound (well it was 7 yr ago) and i get full pay on the sick. Now I discover its been for only unemployment not sickness when I told him I wanted neither. The reason I have recently discovered it is because it comes from my partners account and she mistakenly thought the DD was for something else entirely...for 7 yr!:mad2:

 

Would you let us all know how you get on OP?

Link to post
Share on other sites

  • 2 months later...
  • 4 weeks later...

I have had the same problems. I got MPPI from Paymentshield back in 2000 via an 'independent' financial advisor in Spicer McColl where I purchased my house. He too told me I had to have MPPI (was my first purchase and I believed him) amongst other things. Have been trying since November to get recompense from either Paymentshield or Mortgages Direct who the agent worked for.

 

As Mortgages Direct weren't registered with the FSA on or after Jan 2005, the FSA can do nothing (apparently).

 

As Paymentshield did not sell me the policy direct they are not liable. The FSA has been looking in to this for 8 months and I have just received my 'sorry we can't help letter'.

 

I have since found out Mortgages Direct come under the umbrella of Spicer McColl but I cannot claim off them either.

 

I hope others have a bit more luck than I did!!

Link to post
Share on other sites

Hi guys

 

It would be best if you started your own threads with regard to your issues rather than hijack skyrocket's.

 

As a starter though, if fos won't help and if you were paying your MPPI separately you may need to claim from the underwriter as it is likely that your direct debit payments were going to them.

 

Link to post
Share on other sites

  • 5 years later...

threadis 6 yrs old you wont get seen here

please start a new thread

 

thread now closed to stop repeated newbie bumping

 

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... 

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2234 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

Guest
This topic is now closed to further replies.
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...