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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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      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.  

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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.
      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.

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Irresponsible lending? Safetynet Credit


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Hi you lovely helpful people,

 

I have just found out that my brother has a loan with Safetynet credit. He owes nearly £600 and is at breaking point because the interest is increasing faster than he can pay it back.

 

He has been using them for well over a year and has borrowed and paid back thousands.

 

I am pretty sure that it could be classed as irresponsible lending because he is not working and is claiming benefits instead. Safetynet know this because apparently they log into his online banking!

 

Is it worth him complaining and trying to work out a deal to pay back over a longer period with lower interest (otherwise he is going to not be able to pay them)?

 

One other question is how will this affect his credit score if he makes an irresponsible lending complaint, does it go on his file as a default?

 

Thanks in advance

 

Jackie

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Hi Josborn... Please get your brother to sign up so we can help...

We need lots of info to offer the best advice... Need to come from him

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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hello

 

its me, her brother, who has the payday loans. I have a loan with oakham at the moment and I have a safety net account.

 

I am not working, my income is PIP and IS. both oakham and safety net have access to my bank statements so would have known this.

 

I have also borrowed from lending stream a few months ago and paid them back. I lied and said I was working so I don't think I can do anything about that one.

 

is it possible to claim that this is wrong that they have lent to me?

 

thanks

 

tim

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Welcome to CAG Timbuck :)

 

May i suggest reading this guide we wrote for IRR Lending Claims...

 

Once done come back to me with a full list of loans and lets see what we can do :)

 

https://www.consumeractiongroup.co.uk/forum/attachment.php?attachmentid=70679

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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hello fkofilee

 

thank you. I have had a read it is helpful.

 

I had two loans with lending stream one in December 2015 for £400, I paid back a total of £762.88 over 175 days. the second one was in march 2016, £400, I paid back £800 over 188 days.

 

I don't think I can do anything about that one because I lied when I applied and said I was working. they have done a credit check when they gave me the money.

 

I have a loan with oakham. I borrowed £200 in November 2017, I have paid back £202.16 and still owe £217.

 

I have had a safety net account since November 2015 and I have borrowed pretty much £500 every month and paid it back with interest. I currently owe them £540, they have put that on hold for 30 days because I told them I cant afford to pay them back.

 

both oakham and safety net have been in my bank statements so they know I am on benefit and have very little income.

 

I do gamble (only on one bingo site) but I honestly only ever break even and I do go for long spells without betting.

obviously I am not betting anything at the moment as I have no money and I am in control of my normal bills (rent, gas etc).

 

do you think it is worth me emailing both oakham and safety net to see if they can write some of the money off now, rather than going through the long process?

 

sorry for the long reply

thank you

 

tim

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Hi Timbuck

 

So in short - The decision is up to you however i would advise against it... Note that any information on a credit file and any balance can be removed or adjusted at the drop of a hat. a Credit File entry can disappear instantly as they just delete the entry on their CRA Portals / Data Feeds.

So go through the process - Get your bank statements on this one and go for them

Go read the examples in the guide towards the back - There is one for SNC - They provide a very good example of how SNC might respond...

 

We could do with some help from you.

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

**Fko-Filee**

Receptaculum Ignis

 

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thank you for the advice.

 

 

do you think that I should stop paying them? I am going to really struggle if I do have to. I will start the process of and write the letters today.

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  • 2 weeks later...

Hi,

 

I have sent the data requests off. I have not heard from them yet. I am going to send the following letter to safetynet credit. do you think it is ok?

 

thanks

 

 

Dear Safetynet Credit,

 

I am writing with regards to the ongoing loan that I have held with you for over two years. I would like to complain about the irresponsible lending of this loan and the cost of interest over this time. I am surviving on benefits and to make matters worse I suffer from bi-polar disorder which can affect the care I take with my finances. One of the issues I have had with this is a gambling problem, where I have spent thousands of pounds that I do not have.

 

As you know, I am unable to pay for everyday living costs at the moment, including rent, utilities and food. You are aware of this because you have been accessing my bank account through my online banking every day for over two years. On top of this you have regularly increased my credit limit with you.

 

I have paid you over £1300 in interest alone so far. I think this is unfair and irresponsible given that you are clearly aware of my problems.

 

I would like for you to clear the balance of the loan that is outstanding and remove details of this loan from my credit file.

 

Thank you for your time, I await your swift reply.

 

Yours sincerely

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