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    • 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.              
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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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Webbs Catering V Nationwide


webbscatering
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That's what the problem is with this country lack of free speech or the inability to speak freely but if thats how your running things now who am I to argue, seems my basic rights are now been muted.

 

This may be a free Country, (which is debatable, actually) but this isn't a free speech forum - there are rules here to protect our members and the site, so please comply with them, or posts will be moderated accordingly. If you want a free speech forum, I'd highly suggest you look elsewhere, as you can't just say what you want here.

 

Back to my beef, orginally the banks were reluctant to divulge what constituted the heavy penalties and by not passing on the info the charges were unlawful, then the banks have argued the one and only area that was not fully transparent and that was the UTCCR 1999 and this is what the courts have ruled in their favour.

 

I don't know how to say this without causing offence, but you clearly have not done your homework, here. Coming to a forum and spouting information that is incorrect is out of order - some newbie may read this and think what they are seeing is incorrect. Trust me, I know how complicated this can be, but forget everything that you've been "told" about this Judgment and actually read the Judgment yourself to understand it. If you don't understand it, ask questions, but don't make statements that are inaccurate and potentially misleading to others that don't have the full facts.

 

Questions about penalties can be put to one side - the early Judgments stated that Bank Charges are not penalties and the OFT didn't see fit to appeal that section of the Judgment. It's not case closed, as this precedent could be over written, in time, but that shouldn't be our concern right now, unless we have someone with a lot of time and money on their hands to bring a claim on that basis and appeal it to a sufficiently superior Court to have the precedent overturned.

 

Further more, the Courts have not ruled anything that can be judged to allow the Banks to charge these amounts, nor have they said they are fair. What the Supreme Court did say was that the OFT cannot assess the charges for fairness on the basis of the claim that was brought - they suggested that the OFT consider regulation 5 UTCCR, but that is no easy forte to establish and successfully argue. (Which is probably why the OFT is retreating on the whole issue)

 

But still remains is if the penalties are a true reflection of your losses then you can charge that penalty....I think, why has this gone to UTCCR. Its like beer ties investigated by the OFT, beer ties are not unlawful but the prices that are charged. What are we arguing??

 

Dealt with penalties above.

 

I can't see the relation to beer ties, as there is plenty of competition around in the beer industry to one extent or the other - there is certainly more competition in that industry than there is in the Banking sector relating to Current Accounts. Try negotiating terms and conditions of a Current Account to a more beneficial position for you, as a consumer, and I suspect you will get a one-finger salute from your branch and will find yourself without a current account on that basis. It simply doesn't happen.

 

I know some of this may be difficult to get your head around, but going off half-cocked on a discussion or when bringing a claim isn't the best way to go. As CAG is a self help forum, reading the background to the campaign would really help you, IMHO.

 

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Can I re-open this one? I cannot recall having heard from the Courts regarding the stay or if its been kicked out but its been about 8 years since the last time i done anything with this case

 

 

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  • 2 weeks later...

Found the documents and claim numbers concerning this case, it would appear on the 10th June 2008 the claim was stayed, I sent out the appeal letter on 10/2/2009 to have the Stay lifted on the grounds of hardship which was kindly put together by Martin3030, to date I have no recollection of any correspondance from the court or Natwest. What is my best course of action or my options now?

 

 

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  • 4 weeks later...

I had a reply email from Bristol Courts:

 

 

Dear Webbscatering,

Thank your for your recent email.

Unfortunately it is down to the parties in these circumstances to obtain the outcome of the Appeal Test Case and then update the court accordingly.

Kind regards.

Jeannette Perry

Civil Division

Bristol Civil & Family Justice Centre

2 Redcliff Street

Bristol

BS1 6GR

can anyone give me a suggestion on what I should do next, thanks

 

 

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nothing its stayed so not really sure there is anything you can do now with the old claim far too late its outside 6yrs.

 

why not start a new reclaim and see what they do?

is this within 12yrs since they were levied?

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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nothing its stayed so not really sure there is anything you can do now with the old claim far too late its outside 6yrs.

 

why not start a new reclaim and see what they do?

is this within 12yrs since they were levied?

 

 

these charges were levied between 2003 to 2008, can we still claim?

 

 

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2nd thoughts reading around penalty charges even on a mortgage are only 6yrs

no harm in trying mind

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

you don't send an LBA yet.

send the claim in with a covering letter and your spready

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

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