Jump to content


  • Tweets

  • Posts

    • 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.              
  • Recommended Topics

  • 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 
        • 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
        • Like

Blair Oliver Scott...help needed!


WalkingBear
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6275 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

icon6.gif Blair Oliver and Scott

After being an avid reader for many months with everybody elses posting on Blair Oliver and Scott, also known as Bank of Scotland, aka HalifaxBOS ad infinitum. I now am in a position to add to the growing ranks of malcontents.

I have a debt with Halifax Visa that has been transfered to BOS.

I began writing to Halifax letting them know I was in financial difficulty and could they accept a reduced monthly payment (as per Payplan et als guidelines)

Answer came their none. Letters kept going out. I did call once ( I now live in France) and premium rates from here are horrendous.

To cut a long story short, no reply from Halifax until I get a letter from Mssrs Blair Oliver Scott, saying that they were now handling the debt.

I started writing to them requesting info on how to pay, and offering a way of paying through a released sum from my pension. Again no replies, I did phone and got no help...just another expensive phone bill.

I finally got in contact with a Jane Smyth at BOS, who said she would request a copy of the original agreement and pass it on to me. I still was awaiting confirmation of my payment acceptance and how to pay. This was on the 25th January that she wrote to me. Plus a very polite, if we can be of further service please get in contact.

I did send a Postal mandate from france to BOS for a "token payment of honour" until such time as they confirmed acceptance of my offer. Cashed!

Today I find the debt has been given/sold to Blue stone who gave/sold it toTCI int, who have got in touch with me via ETCI in France , and in the meantime a further 990 euros has been added on for good measure.

I phoned BOS today and got the runaround....40 euros later, "the computer said no", no explination, no apology..just a blank wall of scripted.."were very sorry but no".

I am still awaiting reply to my request for a copy of the original contract.

I have sent a report off to the ombudsmen, and await their reply.

In the meanwhile I dont know what my next move is...can I just tell them to go whistle for it..(which is what I do feel like doing, and I can understand why many people do). But I do have a sense of honour and responsibility that I can get some clarity on the matter despite te fact that I was lied to by Jane Smyth and others at BOS, so I can start paying a sum to them as I suggested in September. Anyone who has handled this situation before I'd appreciate another set of eyes on it. The debt is in the UK and I live now in France.

'By way of a bit of humour I translated BOS into french and got "mauvaise odeur de corps"..or body odeur to you and me)

WalkingBear

Link to post
Share on other sites

Bonjour bear. First things first, you need to make a complaint to BOS highlighting everthing you have said above. Supply copies of letters you have received and insist you have your account reinstated by BOS, that a payment plan is drawn up and that the debt collectors disappear.

 

On the letter state that your account is now in dispute. This means that it is under investigation and therefore, none of the debt collecting agencies can do anything with your debt until the matter is resolved. From what I've seen elsewhere, this could result in the DCA giving the debt back to BOS.

 

Whatever you send, ensure it is sent recorded delivery (do they have similar in france?) otherwise send it to a UK relative who can send it recorded. Give them a deadline in which they need to respond by and point out you will pass this information on to the FSA, Financial Ombudsmen et al if you do not hear from them.

 

Don't let them get away with it!

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

Hau T4FF, thanks for the reply and info. I have put together a letter with your suggestins in bold type so they can read it better. Yes Registerd letters from france not a problem...all my letters to them have been regd.

My worry, and I guess BOS know this is now that a DCA in France "have bought the debt, I will get the Gendarmes knocking on my porte at midnight! The Credit card debt is not (as far as Im aware) secured to anything, but the threat of such is always in the back of my mind.

The lack of clarity and general underhand way that BOS et al seem to work does not inspire confidence in me that they wont try something behind my back..as they have already shown in selling on the debt.

Having said all that..I'm glad to have joined up here and realise that Im just one of many who will be there when the revolution comes and BOS and there "kind" are first up against the wall!

Toksha

Bear

Link to post
Share on other sites

The only problem you have is whether or not the French DCA follows the same rules as they do in the UK. If you say the account is in dispute what will that mean to them? Will it has the desired affect it would in the UK. If I were you I would be trying to establish that now in advance of them knocking on your porte!

 

Be safe in the knowledge that if you have written confirmation from BOS that they are sorting it and then they have gone on to sell your debt, the FSA / Ombudsmen would not be very happy to hear about it.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

Stuck with RBS charges? Click here!!

 

RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

Link to post
Share on other sites

The lack of clarity and general underhand way that BOS et al seem to work does not inspire confidence in me that they wont try something behind my back..as they have already shown in selling on the debt.

Having said all that..I'm glad to have joined up here and realise that Im just one of many who will be there when the revolution comes and BOS and there "kind" are first up against the wall!

Toksha

Bear

 

Get in touch with the French company and explain that you are in dispute with Blair et al regarding the debt.

 

THe fact that you have issued (I hope) a section 78 order Blair et al and (Ihope) the prescribed time interval has elapsed Blair are in le poo as they were with me. The arcive systme with Blair Oliver & Scott appears to be a shambles and I think that they realise this. In the meantime I would ask for a copy of your credit file from Experain et al, if they have been issuing your info hit them with the Information Commissioner

 

see my thread to see how I did it

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Mike

If I've helped tip my scales

 

Blair Oliver & Scott, £2500 written off December 2006 Default removed January 2007:D

http://www.consumeractiongroup.co.uk/forum/general-debt/56001-mike220359-blair-oliver-scott.html

 

Monument, didn't sign the agreement

:D

 

Lloyds TSB didn't sign the agreement!

:D

 

Citicards, didn't sign the agreement

:D

 

RBS tut, tut!

:rolleyes:

 

Morgan Stanley, oh dear

:rolleyes:

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...