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    • 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...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Pls advise re bank charges claiming


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Hi,

 

as advised by GuidoT I'm starting my own thread as I'm in the process of trying to reclaim bank charges from A&L.

 

A bit of background - Around 7 years ago I split with my partner but tried to continue to run my home on my own therefore for a couple of years I regularly raked up excessive bank charges due to failed direct debits or going over my overdraft limit (although having received my statements it rarely if ever seems to actually go over my overdraft limit). Using templates from MSE I wrote the first 2 letters and requested my money back (I chose to include interest @ 8% in the hope that would get them to settle early).

 

I received a letter on 10th (4 days before the 2nd letter deadline) saying basically that because of the test case they would not be dealing with my complaint until after it was settled and if I applied to court they would apply for a stay. They state they will resolve my complaint as quickly as possible after the test case is completed.

 

As alot of my charges are approaching 6 years I am thinking that the best idea for me would be to get it into the courts system even though it will be stayed. Unfortunately as I'm on maternity leave for another month I cannot afford to do this until March as the charges are quite steep to place the claim!

 

I am also considering writing to the bank and offering them the chance to settle for a reduced amount if done within 14 days just in case that works(and know I need to include without prejudice).

 

What I want to know is can I issue another SAR to my bank requesting confirmation of when my account was opened with the bank, a copy of my original contract (or application) and a copy of the original terms and conditions as were at the time of opening the account as I think I will need all of this info if it does have to go to court? I have checked here but I opened my account 12-13 years ago so the closest on this site is for 1998 which I presume would not be good enough? Or would this be a waste of £10 and should I just write and request the info without making reference to a SAR request?

 

As I can't submit this to court due to finances for a couple of months I have a little time to play with anyway.

 

Any advice would be greatly appreciated :)

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Get you claim in as soon as you can afford to avoid any limitation difficulties, the interest should start accruing and you should be first in the line when they eventually pay out.

 

Making a WP offer will be a bit of a waste of time.

 

You can ask in a S.A.R - (Subject Access Request) for terms etc, but I have never heard of a bank providing this information. You will find some terms here.

 

What wording did you use in your original S.A.R - (Subject Access Request)? If you used the letter from this site that would include all statements and you then need to write a letter requesting that they fully comply and provide all the pre 6 years statements. See here for letters.

 

I had some difficulties obtaining old statements from Natwest and this worked.

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i didnt i used it from mse which only asked for 6 years and to be honest im happy with that as after will take me above £3000 and i wont be able to afford the court fee for even longer if I have to pay a greater amount!

 

Thanks for the advice I think I will still write to request a reduced settlement without prejudice just to fill in some time between my communication and when I submit to court. When I get to the submit to court part I will probably need more advice but will continue to read around this site cause its full of lovely info!

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For the sake of £10 and simplicity, I would issue another SAR, use the one from this site it asks for all your statements.

 

On one Natwest claim I did they sent me 14 years of statement one week after the SAR.

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Thanks Guidot I will do that as I have some time to play with :)

 

I don't supose someone can explain to me why there is a limit of reclaiming only 6 years charges for an active account as for example if I ran up a credit card bill in 2000 to the limit then just spent the last 8 years trying to repay before defaulting wouldn't they still chase me for the old debt even though the spending was over 6 years ago (this is as an example as I havent actually done this)?

 

This is all very confusing for the average person!

 

Thanks

 

P.S. I'd like to take this opportunity to thank everyone on here for the helpful advice, it gives the average person the information to be able to fight back whereas all bank documentation is highly confusing!

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I say there is no time limit to claiming back, but the banks say you can only claim back 6 years. However, the point has yet to be tested in court.

 

There is an Act called the Limitations Act 1980 that includes a bar on actioning matters that are over 6 years old under a simple contract but is has exceptions. It is complicated but if you wish to read further then read here and do a search.

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No, you should claim everything you have statements for, we can help you deal with the 6 year arguments later and if you like you can drop the pre 6 years later.

 

Do not worry about understanding it for now, I do not understand the intricacies of it all neither.

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  • 2 weeks later...

Well that was a bit of a waste of time theres no charges on my flexiloan and they only sent statements to Jul 2001 even though I have had my account at least 12 years! I already had the statements to july 2001 from the first request I made :(

 

So I guess now I just resubmit my letter going back to July 2001 as I had only gone to March 2002 as that will be around the 6 year mark from when I place my claim in March this year?

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  • 2 months later...

well never did place my claim as due to the dreadfully low SMP I couldnt afford to. Am just getting back on my feet now so I could possibly submit to court by the end of the month which I'm thinking after the judgement today might be wise!

 

My claim is for £3500 ish plus interest taking it to £4900 ish.

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Sorry to be a pain - I've searched and can't find.

 

Where do I find the info for filling in the N1 (is that right). I looked in the sticky at the top saying "new POC" but when I click the link it brings up an error saying Invalid Thread?

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