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    • 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.              
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    • 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
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PTSD after 13 years


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my husband lost his job through redundancy around 13 years ago the we had what could only be called a life changing event and my husband had to stop his new business as he was diagnosed with PTSD. We ended up with £20,000 in debts as we had no money coming in. I raised what money I could and my husband manage to sell all his work equipment as he could no longer use it and after a few months we got the debts down to around £11,000, since we have had to survive on my husbands DLA and over the years he has got much worse and I have been told he is unlikely to recover, we have been paying what we can afford to Moorcroft DCA and Credit Securities DCA for over 12 years now, I am disabled and now with the government cuts and the council is now making us pay 25% of our council tax, that means that the few pounds we gave to the DCAs has now gone my husband cant leave the house very often and because of his condition cannot talk to people or use the phone, When Moorcroft called the other night my husband completely lost control and shouted F*** off at the collector and slammed the door in his face. a few minutes later a scribble on the back of an envelope said my husband was being taken to court with no signature etc as we have tried our best to pay these debts regularly but now through no fault of our own we have lost the ability to pay them, my husband has been in a worse condition since and I don't know what to do or where to turn as I can see things escalating.

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I think you need to tell it more about the dents please.

value and dates

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Hi

Im

No expert but as far as im aware a Dca cannot sribble you being taken to court on a envelope as they have no legal power to do so unless they own the debt. If they are just acting on behalf of the OC they can do didly squat!

As bankfodder says more details would be required.

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Hi sorry about that the debts are Credit Security Ltd ( Re Lloyds TSB) £6972.41 (Home improvement Loan)

Credit Security Ltd ( Re Lloyds TSB) £1605.43 (Credit Card)

Moorcroft Debt Recovery Ltd (Re Provident Personal Credit) £2114.30

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Hi Shirts,

I am so sorry for all the problems you have been having over the years and can only say that I Honestly know where you're coming from. Due to my ill health and not being able to work we lost our house, we struggled for many years and everything got on top of us when my husband then had to finally give up work to become my Full time carer.

 

Again we carried on struggling and eventually through no fault of our own we were issued a section 21 notice to quit our flat because we could not give the landlord a date of when we would be moving out and into a council place as we honestly didn't know when we would be given one.

I couldn't manage the stairs with my disability any longer and we were advised by my OT to apply to the council.. Thankfully someone must have been looking down on us because 2 weeks before we were due to quit we were offered a Disabled flat...

 

Money worries eased a bit as the rent was less but it still wasn't great so we three months ago went for an IVA.. It was the best thing we could have done, we are still able to hold our heads high knowing that we are still paying something towards our debts but they have all been taken away and we no longer get all the phone calls and letters every day demanding money..

 

Life is still tight, no room for luxuries but at least we can afford a hot meal every night instead of sandwiches as we often used to have as we couldn't afford to eat.. We didn't want the stigma of Bankruptcy and lose total control of our money or bank account so an IVA was the best thing for us. Everything was handled with care and understanding and everyone was really helpful and are only a phone call away if we need them. We now only have to pay £235 each month instead of the £1,980.+ we were having to find every month... This money is paid over 5 years and after 6 years you are considered debt free and have a clean credit file...

 

We have a little bit of spending money which means that now due to my health I get what I need instead of having to go without as we always used to have to do. We still have to keep a tight rein on how we spend but it's a lot easier than before and as I said, we can hold our head up..

It would have been easy to go for bankruptcy but I wasn't comfortable with that and although we didn't owe a lot compared to others it was a lot for us and would have taken a lifetime to eventually pay back on benefits.... Hope this helps somewhat Shirts..

Edited by ragsrule
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Hi Shirts and welcome to CAG

 

Have you sought help with these debts from one of the recognised free services like National Debtline - https://www.google.com/url?q=http://www.nationaldebtline.co.uk/&sa=U&ei=sj-ZUYepBKSW0AXOyIEI&ved=0CAcQFjAA&client=internal-uds-cse&usg=AFQjCNFEd4tBmlVW6QsamGJEiRwU248MQg

 

They may be able to offer help and advice about your circumstances.

 

Have you challenged the debts in any way, for instance by sending the creditors a CCA request. You'll find a CCA request template here - http://www.consumeractiongroup.co.uk/forum/content.php?414-CCA-request-letter

 

Have you kept all the paperwork relating to these debts. In particular, did you receive Default Notices for either debt.

 

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