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    • 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...
    • 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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Simcap v Scabby National


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Guest Mumofthreeboys
No. I sent my DPA long long ago. Then I sent an LBA for my statements and got no reply, so now I an filing an N1 form for non-compliance.

 

But, I do have statements back to middle of 2004 with a total amount of fee = £5940.00. So what I need to know is do I sent a letter to Scabbey asking for the money or go strait to the courts?

 

Simcap.:confused:

 

I'm lost, you don't send an LBA for statements. The LBA is Letter Before Action i.e. last chance before you take them to court for what you're owed. You can't take them to court if you don't know what they owe you :confused:

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Sweet as.

 

Tomorrow I will file the N1 for non-compliance and send the Scabbey a letter asking for the money I have statements for.

 

No problem. Sorted.

 

Not confused and more ??!!* I think.

 

Ok who's going to put the spanner in the works and add a ps to re-confuse me?

 

Simcap.:confused:

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This is the LBA I sent to make[me laugh] them send me my statements. It didn't work, so now I go to court. yes?

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

 

Dear Sir/Madam

 

Account: *********

You have failed to comply with my Data Protection Act Subject Access Request dated 8th June 2006.

 

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

 

 

Yours faithfully

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Guest Mumofthreeboys
This is the LBA I sent to make[me laugh] them send me my statements. It didn't work, so now I go to court. yes?

 

 

Sorry, being a bit thick (not for the first time) ;)

 

I guess you do then, that's what's in the letter.

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Have done letter to Scabbey but have given them 14 days to reply then I will send the standard 7 days for the LBA, giving them a total of 21 days to respond. Is that fair enough?

 

Simcap.:confused:

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I just have to ask. Does this sound totaly farsical and nonsensical to anyone else.

 

We give the banks the option to pay us the monies that are outstanding, OK.

They refuse to pay because it is not there fault (so they say).

Then we take them to court.

They dont want to disclose any information about how they get to there charges.

WE WIN!!!

 

Then they have to pay us our charges and interest and costs back.

 

Now in my mind that is very bad business as they are paying out more money than they could if they paid up at the start and they are still lossing face.

 

No sense at all.

 

 

Simcap.:confused:

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Yes, you are right. Being a member of this site slightly blinkers you to the others who don't know about it.

 

Sent letter to Scabbey today, so 22 days and counting (21 days tomorrow when they get it.)

 

Simcap.:confused:

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snap i was sent the exact same letter about five days ago worded exactlythe same surprise surprise so now i have to send another stupid letter thatll just be ignored as well how very irritating there computers are

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Finally got round to doing my N1 for non-compliance. Will take it to my local county court tomorrow sometime. Hope I don't have to explain why it's on an N1 form. Will take some other peoples claim details with so they can check against them if there is any problems.:D

 

Simcap.:?

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With one thing and another I have not got to the Courts yet, but I am determined to get there before the end of the week. I mean they are within walking distance from home. That sometimes makes it harder than being far away.

 

Simcap.:confused:

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Shocked AND Stunned!!!!!!

I am shocked and stunned.

You may have guessed by the biginning of this note that I am shocked and stunned.

When to my post box this morning expecting the normal "do you need home, car, pet, garden, garage or toilet insurance", but NO. There sitting at the bottom of an otherwise empty post box was a big envelope from.... thats right, the Scabbey National.

You see I must have foresight, Because if you have been reading this thread, you will know that I have been trying to get to the Courts to post an N1 for non-compliance. But I don't have to now as all my statements turned up this morning. Copies of microfiche's.

I have to go to work now but cant wait to get home and have a good look through and fill out my spreadsheet to work out the final figure.

It's like having an early birthday and getting a present you have been waiting for for ages.

All excited.

Simcap:grin:

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Are you shocked and stunned Simcap? I never would have guessed :-))

 

congratulations, I remember the feeling when my statements arrived and then the shock when i had added up all the charges, no prize for what you are going to be doing this evening :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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excellent news - I was soooooo excited when mine arrived!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Just added up my new statements and things aren't as bad as I first thought.

 

Total charges =£8,687.00

Total Interest =£1,031.73

Total =£9,718.73

 

Still going to do two claims, unless you think this amount is worth going for in one hit. (Wife will have to wait a bit longer for her car now.)

 

Simcap.:confused:

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ill have to wait a bit before we get our nice shiney new car courtesy of abbey or should i say me,as we have two cases going at the same tme one with the scabby and with the alliance

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I have already sent a letter to the Scabbey. Now I have my statements can I send another letter with new amount, but continuing the clock from when I sent the first letter?

 

Also, I will probably be fast tracking this claim. Do you have a rough amount that it may cost?

 

Simcap.:?

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I would send them another letter, but the clock is still ticking and I think it is £250, but I stand to be corrected :-))

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Ihope to god scabby dont chose me to make an example of by actually appearing in court.Mind you i could sell my story to the papers cause there waiting for the first case where they turn up and it,ll probably be me!!

 

 

I WILL BE DONATING 5% TO THIS SITE

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Why would they? They would have to explain their charges & none of them have been willing to upto now.

 

With you there the court ain't going to just accept their argument as being fair & reasonable without evidence to that fact.

 

If they do turn up it'll probably be to make you an 11th hour offer for less than claimed in the hope you will accept & if you don't they'll probably request the judges clerk delay things for a little longer (30mins) & then offer you the full amount with a confidentiality agreement attached

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Kia don't be so negative. If they go to court with you, you can make more money by selling your story. But they wont because they want to keep their secrets.:x

 

Simcap:confused:

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Got the standard letter today from Scabbey about sorry you are unhappy.

 

We have all seen this letter everywhere, but there is a bit in the letter that tickled my fancy.

 

....I know it is important to you that we resolve your complaint quickly, but we want to do a thorough investigation and sometimes this can take time. If we have not contacted you before then, we will write to you in four weeks to let you know what is happening.

 

When???

Simcap.:-?

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