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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...
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      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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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Big Bro against RBS


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Was wondering if anyone can help? My brother is mentally ill & a few year back his benefits were changed from post office to the bank. He didn't cope at all with his account, was given a loan at the time as well. He ended up back in hospital & social work took over his affairs.

Now, after a few year he is still paying money back to the RBS, but doesn't know why! We know for sure that charges were made to his bank account.

He managed to get me a few recent letters from the Bank, but they are from 'Unidebt Collections' who seem to be a trading name for RBS. This is all the information. Can anyone help as to where I go from here. I wish to claim back his charges for him. Anyone??

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Have to be a bit patient dude, 40 mins is a bit soon for a bump ;)

 

Okay, first read http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/24031-frequently-asked-questions.html, then familliarise yourself with http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html.

 

Just get your bro to sign the letters. In the unlikely event of ending up in court (and if you stick to 6 years and simple statutory 8% interest you will be paid long before court,) I think your bro can nominate you to represent him, you can certainly go along to advise him.

 

In fact, in view of your brother's health, I reckon the courts would be very helpful.

 

If there is a debt collection agency involved, get the SAR off and then write to the DCA informing them the account is in dispute and no more payments will be coming until it's resolved.

 

That should keep you busy for a couple of days, until wiser heads than mine can give some input.

 

I'll have my faithfull side-kick T4FF swing by, he has several successful actions under his belt and is a very nice, helpful fellow, even if he is Welsh :grin: :wink:

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Wow, it's like listening to my own story!!

 

Hydra pointed me in the direction of this but I'm not sure he realised how much of this I've been directly involved with! I'm in exactly the same situation as you with my brother gil.

 

I would firstly advise you to get your brother to sign a letter that gives you the ability to work his complaint for him - if his illness is anything like my brothers and he suffers from paranoia or similar, this might get a bit too much for him, so sending this will take any of the flak away from him.

 

"I hereby grant authority to ******* in order that he / she may deal with this matter on my behalf. You may disclose personal details accordingly"

 

It means you can have any letters sent directly to you therefore giving you the power to only let your brother know the key parts of what you're doing.

 

Next, send a letter to the DCA as Hydra says, telling them that the account is in dispute. This will mean that the account will be handed back to RBS until the dispute is resolved.

 

It has come to my attention that the debt alleged by ********* may contain a proportion of unlawful charges.

 

I have therefore sent a Subject Access request to ****** in order that I may examine my statements of account. A copy of this letter is enclosed for your records.

 

Please accept this letter as written confirmation that the account is “in dispute” until this matter is resolved. I am sure that you are aware of the Office of Fair Trading guidelines concerning legitimately disputed debts.

 

Note, this will need to be sent in conjunction with the SAR as this will be the letter that puts your account into dispute.

 

You are now sending an SAR so job done there but also you should get some information regarding the credit agreement for the loan so send a CCA request to them (haven't got this to hand sorry). You should have the opportunity to claim off this loan too (have a look into this).

 

Finally, in your brother's interests, I would advise you to either set up a parachute account and get his benefits paid there or return things back to him collecting his benefits from the post office.

 

This should be a good place to start with regards to charges being taken out of his benefits.

 

Hope this all is of help. Any more questions, do fire away.

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!!!

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Cheers for all that info. His benefits are changed back to post office. We may run into a bit of a problem with time as this happened 4-5 years ago & we are in Scotland. Will wait & see what comes back with SAR. They completely robbed him! Will get in touch if I need more help. Thanks T4FF!

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Any relatives in England? It might be possible to go through English system if your relatives would permit you to send correspondance through them.

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!!!

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There is a service available that allows you to rent an English address if you live in Scotland, I've seen reference to it in another thread, I'll have a look for it and get back to you.

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