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    • This is the other sign  parking sign 1a.pdf
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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.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Money taken by PDL from partners A/C Natwest REFUSE to refund **REFUNDED**


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Can someone help with this

 

Today cash genie took out £170 from my partners bank account for an unpaid loan last year.

 

 

The money was actually mine and was two weeks benefit money that I had asked the dwp put into her account as I do not have one

and they will no longer pay by Giro Cheque.

 

Natwest bank won't act and the loan company will not reply to my E-mails.

 

Where legally do I stand ?.

 

Thank you

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They actually took over two hundred pounds without warning in 3 blocks.

 

 

and got her card details as she applied for a loan with another company last week.

 

 

can I see a solicitor and charge them for said solicitor plus apr etc?.

 

 

They used her Visa Debit card the loan was in her name.

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I sent C G this E-Mail today they will not answer nor will they answer the Complaints line

Dear Sir/Madam

 

Today 21/11/13 you took £170.00 of my cash from my partners bank account

This money is benefit money I had paid in as I do not have my own account.

I can and will prove this fact.

That is by law the minimum the government allows for me to live off

I Insist you return said monies today.Take Notice legally as I can prove the money was taken unlawfully I will be charging you £100 Per hour for my time and an APR yet to be determined.

Plus any legal costs incurred to retrieve this sum.If I have to seek a solicitor tomorrow.

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Tell your bank to do an immediate chargback for an unauthorised transaction. Ignore the front line phone reps. Speak to a senior manager.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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renegadeimp

It was not my Bank and even the fraud Department at NatWest were unwilling to help sort it out.

 

 

I am not up to speed on these matters but I deem this transaction as unlawful

 

I did send CG this E-mail but never received a reply.

 

Dear Sir/Madam

 

Today 21/11/13 you took £170.00 of my cash from my partners bank account

This money is benefit money I had paid in as I do not have my own account.

I can and will prove this fact.

That is by law the minimum the government allows for me to live off

I Insist you return said monies today.Take Notice legally as I can prove the money was taken unlawfully I will be charging you £100 Per hour for my time and an APR yet to be determined.

Plus any legal costs incurred to retrieve this sum.If I have to seek a solicitor tomorrow.

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The transaction was unlawful and unauthorised. Thats why CG took the amount in multiple amounts.

 

You wont get a reply from CG as they took it unlawfully. As i said, your bank is wrong and you need to be firm with them. You wont get £100 per hour either from them as costs/compensation. The most you will get is the current LiP rate, and maybe a few admin costs.

 

Also, how did they get your partners account details for YOUR loan?

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hi

It was not my loan it was not in my name .

 

 

It was a loan my partner took out in 2012.

 

 

I was Unaware of Said loan...

 

 

. It also transpires they (C.G) have been trying to do just this for some time and prompted temporary freezes on my Partners account.

 

Nat West failed to contact my partner to let her know that this was going on ..

... Naughty or Complacent I don't care

 

 

I personally have called NatWest half an hour ago to get the transaction frozen until the morning but Khofi In India is unable to do that.

 

So how much can I charge them bearing in mind I am suffering sever Depression and under the GP for this...:sad:

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You can only charge them any loss you have incurred as a result of their actions.

 

 

You cannot make up any figure and then add interest to it.

 

I suspect that they took the money in 3 tranches because they wanted to make sure that the amount they claimed would be paid.

 

 

I note that GM have tried to take money before so I daresay that GM would have asked for a fourth time for their money

 

 

.If they didn't it would leave one to suspect that GM knew how much money was in the account................................

 

In addition, it might be difficult to arrange a cancellation of those transactions because the money was owed by your GF and it was in her account.

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I am phoning the DWP tomorrow UK Law states that's the minimum I can be paid to live off also I believe money within a Bank legally belongs to the Bank its in until withdrawn Is this correct?. C.G Have apparently been trying for many months to take money but my partner had stopped the card, She applied for another loan with her new details , Hence CG obtaining them leading to the events that I have outlined

I will update further after I make a few telephone calls tomorrow I am lets say a wee bit naffed off ATM....:-x

 

Thanks for all the advice given thus far I appreciate the help.

Edited by seadog01
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sorry that all wrong

 

 

you MUST phone the bank and get a chargeback done on the first transaction

 

 

then ask for the CPA to be cancelle on the others.

 

 

this is the LAW NatWest CANNOT refuse it.

 

 

it was NOT your loan matters not where the money went

they have NO RIGHT TO THIS + 12mts later.

 

 

get action fraud involved too.

 

 

PHONE NATWEST NOW AND DEMAND A CHARGEBACK AND CPA..

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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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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Who was the company your partner applied to for a loan last week - I am interested to know how Cash Genie got the bank details from a different company??

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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The other company are Bonga Loans.... but on investigation Cash Genie have 9 other companies . I may be able to get the monies back according to the FSA it will take 8 weeks or more. NatWest will not discuss it with me I told them I am logging complaints against both them and CG.

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Natwest are wrong. Time for a full complaint. Perhaps use bcobs

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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If Bonga Loans don't mention on their website that they are part of Cash Genie - report them to the OFT. You should easily be able to see that they are affiliated. These sub companies are usually set up by the main lender in order to trap people who owe them money into applying for a loan with the smaller company so they can then get new bank or card details to recoup the old loan. It's despicable, but then that's the filthy industry of payday loans :(

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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you really need to nail NatWest on this issue.

 

 

ask them the direct question..

 

 

were these payments taken under a cpa?

 

 

if they were , THEY MUST refund you

 

 

http://www.fsa.gov.uk/pages/consumerinformation/product_news/banking/know_your_rights/solving/index.shtml

 

 

see the new june 2013 instructions to banks

 

 

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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Share on other sites

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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  • 2 weeks later...

Actually it was fairly easy apart from having to study their own T&C's and threaten to take it further. Once I found out the I had a case from you guys and elsewhere and what course of action to take. It took less than five minutes on the phone.Oh I got interest and expenses back too lol. :-D

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then it might be an idea to expand on how you did it for others?

 

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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Ok

 

Firstly I researched NatWests T&C's that state A CPA can be stopped.

 

Which they failed to inform my partner.

 

I then told them to issue a chargeback as the transaction was unlawful for several reasons as outlined above.

 

I mentioned my displeasure that even though CG had attempted this many times activating Natwests own anti fraud software

nobody had the decency to inform my partner what was going on.

 

And I also let them know I would have gone to the ombudsman and beyond over the issue.

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good point, never used that , the anti fraud software

 

gonna include that in the advise.

 

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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