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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?    
    • 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...
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • 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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Good afternoon

 

I currently have an ongoing complaint which has recently progressed to a complaint being made to the financial-ombudsman.

 

I recently received some letters from bright house regarding a late payment fee which say's on all 3 letters that the date of Agreement being 21-11-2017.

Is this the actual day they claim the agreement/contract was made?

 

As One of the items is a Television id took an agreement on in november 2014 and should of been paid of by now but which they claim over £1000 is owing on

 

When challenged about this i stated that we had items 2-3 years after that and told them they would of not allowed us more items if we that far in arrears at which he said he only knows what was written on his pda (called to our home)

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what did you complain about to the FOS

its not clear in your post.

 

all the late payment fees as well as the hidden insurance can be reclaimed at their interest rate.

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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hi and thank you for your reply

 

The complaint is regarding a t.v we had from them in 2014 which should of been paid up last november but they suddenly claim we owe £1000+ on even though we never missed it and we even received a "we owe you refund payment" on a couple of months ago. They have failed to send a copy of the contract when asked and have not replied to my emails

 

My question is on the statements it says the "date of executed agreement - 21-11-2017" does that mean they claim thats when we took the contract out? i have receipts showing payments well before that if so

 

Once again thank you for your time

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why don't you send them a CCA request.

I'm not sure what' date of executed agreement - 21-11-2017' means.

 

how much was the TV and how much were you paying weekly?

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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Hi

i have just read up on how to send a CCA request which il go about doing.

 

The T.V was £23.00 a week for 156 weeks and was an LG 55 inch TV.

We had originally ordered a 3d TV for around the same price but then for some reason they could not get for us so they gave this one

 

thank you and sorry for my unclear post, I am not very good with explaining in detail while keeping things clear

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that's seems rather cheap £529 for a 55" thru these fleecers.

think you've got the time frame wrong.

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

I know ive put socks back on now:lol:

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

Is anyone able to confirm if the date of executed agreement means the date they would be claiming the agreement was taken out. For me it does seem like it would have too but confirmation would make me more certain

thank you in advance

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surely its nonsense unless you took out a new contract then

i'm still trying to understand what your problem actually is other than them saying you still owe £1000

when you think going by your agreement in 2014 its been met

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

Is that not big enough a problem but apart from that it is to see if i had understood what it meant by "date of execution of agreement".

 

Also its just another case to show the blatant attempt to rip a customer off. When i challenged the rep who called around he even claimed that when contacting brighthouse through the website it is just a contact centre

 

One other question i have is if i request a copy of the contracts do they have to send a copy of the original contract which holds my signature ? as the ones they had last sent a while ago had no signatures

 

Im sorry i am really just after comfirmation of things as i still cannot get around the fact that its happened

 

Thank you for your time commenting dx100uk. Sorry if i am waisting your time or unclear

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then cca request time get the truth

oh and you do know the doorsteppers are totally powerless.

they are not bailiffs

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

Thank you i am going to send a CCA Request in the morning. The chap who had called around was rather intimidating and had even placed his foot infront of my door which i guess is in case i closed it. I had told him that i was currently in discussion with customer support and explained the situation and he had replied that those i contacted are only a contact centre and he will keep calling around

 

Thank you for confirming that i should send a CCA Request. i had not known of this until today

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well next time film him with your phone

and tell him to go away else you'll call police 101

they like any DCA have ZERO legal powers

 

pers i'd be writing to the CEO and complaining about what he did.

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

Is anyone able to confirm if the date of executed agreement means the date they would be claiming the agreement was taken out. For me it does seem like it would have too but confirmation would make me more certain

thank you in advance

 

The execution date is the date on which a contract has been signed by all the necessary parties. This may or may not be the effective date of the contract, which may be specified in the body of the document.

 

It may supersede any previous ongoing agreement or may refer to an older agreement entered but only executed 21-11-2017

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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The item in question was purchased 3 years prior in 2014 so it would be unusual to execute it 3 years later would it not

 

. The date they have given is one month after the date the actual contract would of finished

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well next time film him with your phone

and tell him to go away else you'll call police 101

they like any DCA have ZERO legal powers

 

pers i'd be writing to the CEO and complaining about what he did.

 

I did actually record him stating that the CAB (citizens advice) would have no way of helping me as they are a 3rd party and also him saying that they cannot give a copy of contracts or payment information to me and also that the customer support for brighthouse is only a contact centre and cannot help in any way

(I was unsure of the law regarding recording someone so i did inform him)

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The item in question was purchased 3 years prior in 2014 so it would be unusual to execute it 3 years later would it not. The date they have given is one month after the date the actual contract would of finished

 

Unusual yes..... but then again this is Brighthouse and most probably forgot to execute the agreement from the original date (2014) of inception...ignore their date your date runs from when you entered and the payments you have made..

 

Your following post clarifies that their staff have no idea of the CCA1974 or consumer matters or what Citizens Advice actually perform.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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You say "one of the items" so have you bought anything else other then the telly?

 

they may well have set up an agreement on that date for something else and then got the items and agreements confused.

 

list all of the times with purchase dates and then I have no doubt the picture will become clear

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I have had a few phones after i purchased the television. I

 

I did state to them that if i had been so far in arrears would they have let me have more items with the last item being from mid 2017

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so you've sent a CCA request now?

  • Confused 1

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

then I would bet that the agreement they have dug up relates to one of them.

I have had a few phones after i purchased the television. I did state to them that if i had been so far in arrears would they have let me have more items with the last item being from mid 2017
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