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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.
      • 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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Schoolholidays v Nationwide ***WON***


Schoolholidays
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Hello everyone, hope you all had a good Xmas.

 

I am new to this so need a little tlc. Please can you help me. I have written to Nationwide claiming bank charges for my daughter. She has a Flex Account. Baiscally they have written back to her telling her to go away and that she agreed to the charges when she signed in acceptance of these terms when signing the application form. Details of tariffs are contained with leaflet provided when opening an account. Does this mean she doesn't have a leg to stand on? Should she take it further? Would that mean a final demand/legal letter or just small claims court. I cant remember the amount exactly - probably around £300 to £400.

 

Happy New Year.

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Please take your time and have a read around the site starting with the FAQs link in my signature and have a look at the step by step guide. If you have already asked for it back and know what the charges are then your next letter is a Letter Before Action and if they din't pay up then court. Once yu are ready start a thread in the Nationwide forum to keep track of your progress and ask any questions should you get really stuck.

Ex CAG helper ^_^

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Welcome to the CAG to begin with and I have some bad news for the Nationwide and some festive cheer for your daughter, they are wrong. First I would read the FAQ's on the site and then read the successes stories of people who did the same as your daughter, signed the Terms and Conditions and accepted them when they opened the account. They won their claim as your daughter will. She should take it further and she will win. Any further questions post on this thread and you will get all the help you need. Good Luck and have a PROSPEROUS New Year

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Hi have moved your posts here in readiness for your claim.

If you want the thread title changed later please pm me or another mod to do this.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thank you. I have been looking through the FAQS and instructions and have done the Letter before Action but I am a bit uncomfortable about the paragraph drawing their attention to T of C which they agreed, and being shocked at the way they operated account. If they did give my daughter the leaflet of the charges, should se be saying the above to them>

 

Just as a matter of interest I had also written to RBS on daughters behalf. They have written to her offering the charges back in full. They have included the leaflet of charges which are the same and they are still going to charge in future but suggest if she does not agree to, she ought to move her account.

 

I suppose that is why I feel uncomfortable with the Nationwide Letter before Action.

 

Thanks for all the help.

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Hi Schoolholidays!

Is it not a tad too soon in your daughter's Claim to be submitting a LBA???

If U have ALL the statements for the period of charges that U will be claiming for then fine.

...If NOT send of the £10 S.A.R Letter.

Then after working out ALL the unlawful Charges and any Associated Interest charged send your Preliminary Letter (enclosing a copy of the spreadsheet of the charges etc)

Next comes the LBA.

...Finally, the Filing @ Court Stage!

Hope this helps simplify the well tried & trodden Claiming proceedure for U?!...:)

P.S. Also check out Daily Compounded Unauthorised O/D Contractual Interest

...Which must be Claimed @ the Preliminary Letter stage + onwards!...:)

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Thanks. we have already written to Nationwide asking for the charges back and they have refused. I thought I had read through all the info and LBA was the next step. Unfortunately I have done the letter for my daughter so its a bit too late if I'm wrong.

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  • 2 weeks later...

My daughter has had another reply to her first letter. Again telling her they are good and she has to pay the charges etc. etc. but also telling her if she has any complaints she should go through their complaints procedure and enclosed a booklet on this. It also includes the banking Ombudsman. Can anyone tell me if we are we supposed to reply to this or still take the next stage if we do not receive a reply to the LBA within 14 days from that being received by them. I assume this is delaying tactics. Both letters have come from different addresses.

 

Thanks for any help

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Can anyone tell me if we are we supposed to reply to this or still take the next stage if we do not receive a reply to the LBA within 14 days from that being received by them. I assume this is delaying tactics. Both letters have come from different addresses.

 

Thanks for any help

U can if U wish, take the Nationwide's advice and make an official complaint. Many people have already done so previously.

 

However...

 

Don't become deflected from the main issue of what U have set out to personally achieve!

Once U have sent the Preliminary Letter, Nationwide (...or any other Bank for that matter!) are obliged to follow YOUR timescales...NOT invent their own!!!

Read through the following Thread link and judge for yourself what U think U should do next:

http://www.consumeractiongroup.co.uk/forum/nationwide/56885-nationwide-defending-after-partially.html

 

 

Hope this helps U focus?!

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Help. I'm pulling my hair out here! Asked our daughter to call round to fill in forms etc for court - she only turned up with more statements, more charges we had not claimed for. Anyway, I've calmed down now. I've tried to read up on this and think I have to start all over again. Am I right please. If so do I just send a premliminary letter and adjust it to apologise and claim the new amount, or should I send a separate apology/explanation letter with the prelim one. Alternatively I we bown it and just go for the original amount?

 

We haven't had any reply to the LBA letter.

 

Thanks

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Hello again Schoolholidays!

 

Firstly...and this is very important...

Inform your daughter that she is adopted...then try to sell her on e-Bay!...lol...:D

 

Then if U haven't already done so...and so as there is NO MORE hidden statements...start with applying for her S.A.R.

 

Unfortunately the more people tend to rush into the Re-claiming process, the bigger the hole they have to dig themselves out of and the longer it takes for them to get their own money back!

 

If there was a short-cut U would have heard of it by now, I'm quite sure of that.

The whole process can take approx 3 months from start to finish.

 

Just keep things simple and enclose a seperate appology letter with the Template PL.

 

...and don't forget to Claim Contractual Interest @ 24.9% APR at the PL stage either...it can double/treble the amount to be Claimed, depending on when the unlawful Charges were 1st debited.

 

Mindzai has updated his spreadsheet to V1.9...Here's a link to it:

 

http://www.consumeractiongroup.co.uk/forum/general/51736-excel-contractual-interest-spreadsheet-4.html?highlight=Mindzai

 

 

 

 

Hope the above has helped?!

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  • 2 weeks later...

Thanks MilkTrayMan.

 

Excellent advice but daren't do it. I need daughter to keep sorting computer out.

 

Seriously I have taken your advice and applied for S.A.R. on her behalf, so waiting for reply now. Hopefully we WILL get it right this time.

 

Thank you for the help and advice which is very much appreciated.

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Hi Schoolholidays!

I need daughter to keep sorting computer out.
No U don't!

...The ON/OFF switch is located on the wall, next to the plug.

Just trace the lead coming out of the back of your PC...until your head hurts!...rofl...:D

 

 

 

Seriously...
Sure I was only joking?...lol...:-)

 

 

 

 

...I have taken your advice and applied for S.A.R. on her behalf, so waiting for reply now...
They have a max 40 days to get it to U.

I don't envisage an problems, but use the time to check out Non-Compliance of your Data Request...just in case!...;-)

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  • 2 months later...
  • 2 months later...

Hello,

I'm back again. What a day!! I've been travelling and at the hospital all day, my father has had a stroke whilst on holiday. Daughter has brought round "Notice that Acknowledment of Service has been Filed."

 

I have been searching threads for a couple of hours. Its amazing I thought I had already done this several times and was ready for anything - but - when it comes to it, dont feel so confident.

 

We have the Notice of Issue which I assume we can't do anything with?

 

That says claim was issued 11/06/07

Sent to Defendant 1st class post 11/06/07, deemed to be served 13/06/07. Defendant has until 27 June to reply.

 

OK. We have Notice that Acknowledgement of Service has been filed dated 3 July 07. Defendant filed an Acknowlegement of Service on 18/06/07 indicating an intention to defend all of the claim. Has 28 days from date of service of the claim form etc. to file a defence.

Am I right that 28 days will be up 11 July 07? So we should hear something this week?? I dont want to mess up.

 

Its a bit scarry reading threads where people have been doing their court bundles. You hope you dont have to go that far. I had already been printing some of the stuff off and was amazed how many sheets there were and I hadn't done them all. Suppose I'd better be looking at it again, don't want to run out of time.

 

thanks

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Hi,

 

Not heard anything yet. I understand my daughter has not had her cash card renewed and hasn't been able to look at the account on line to see what the balance is.

Have to admit to feeling nervous as to what will happen next and what we will receive next. Still nothing ventured nothing gained eh? got to keep going now.

 

good luck

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I understand my daughter...hasn't been able to look at the account on line to see what the balance is.
Tell her to go into her local Nationwide Branch (...with 2 of the usual forms of ID) + ask what her balance is!!!...:rolleyes::)

 

 

 

Have to admit to feeling nervous as to what will happen next and what we will receive next.
If U have followed ALL the recommended advice...

 

1/ The 28 deadline for the Filing of Nationwide's Defence will come + go.

2/ U will panic.

3/ U will post asking what to do next.

4/ U will panic.

5/ U will also wonder whether U can file for 'Judgement by Default'.

6/ U will panic.

7/U will be told to wait a few days.

8/ U will panic.

9/ U will be told to tell your daughter to go into her local Nationwide branch daily + check her Flexaccount balance.

10/ U will panic.

11/ U will post asking what to do next again.

12/ U will panic.

13/ U will be told to just keep waiting for a few days.

14/ U will panic.

15/ U will NOT be able to contact your daughter for some reason or other.

16/ U will panic.

17/ U WILL post + say that Nationwide have paid some, but NOT all the money that U have Claimed on behalf of your daughter.

18/ U will panic.

19/ U will be told to wait for a few days more.

20/ U will panic.

21/ U will post + say that everything that U have Claimed has NOW been paid!

22/ U will be told to inform the Court that your Claim has been Settled in FULL + to PM a MOD/Site Helper to have this Thread moved to the Nationwide Sucesses...;)

 

Of course...I MAY be wrong though!...:o :p

 

 

 

...good luck
???...Why do I need 'good luck'???...lol...:D
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Yipeeee

 

Daughter rang telephone banking last night and there is money in the account. I can't believe they paid up in full. You were right. I shouldn't have worried. Thank you MilkTrayMan for you help and support - and patience, we would never have done it without you. Daughter is very grateful too. Thank you

 

The "goodluck" was meant for daniel12. Hope they are successful too.

 

The banks really are fools aren't they. It would have cost them a lot less if they had just paid the first amount we requested. They would have saved solicitors costs, court cost and interest.

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