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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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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
      • 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
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Swift Advances. Secured Loan Charges reclaim


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All the very best for tomorrow Sparkie......

 

.....and thanks for all your help!

 

Landy

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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All the very best for tomorrow Sparkie......

 

.....and thanks for all your help!

 

Landy

 

Thanks landy,

 

Its not me the luck is wanted for ......I was just the one who supplied the ammo the bombs and the guns to fire em all with.

I will be shocked if they lose.

 

sparkie

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Sparkie,

 

Will you also be mentioning the lady who was 'gagged'? The Judge may be interested to know.

 

Hi termi,

 

Tomorrow the judge is going to hand down judgement on whether the agreement is uneforceable or not and whether the info Swift applied to their credit file is correct....( I Know for a fact its not) then he awards damages....no -one says very much at judgement hearings you have to sit there and listen...........what I found was strange is that at the trial hearing the Barrister for Swift ( who has to come fom London) asked the judge if he would make a "paper" judgement ...that is without anyone needing to go to Court..........the Judge said "NO" I give my judgements in person.....this is why I think it looks good for my mate....he is making this guy come all the way up from London, for about an hour in Court, thats about how long his judgement will probab ly last.....BUT I may be wrong he could go in Swifts favour....but he has had a long time to listen to the taped recording of all the trial evidence.

 

Just got to hope now.

 

sparkie

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This has nothing to do with my friends case but it concerns every Swift Customer who has been charged a default charge ( penalty Charge) ....what you must obtain from Swift is a complete and full true explanation of the charge and what interest has been applied to that charge...what I am 100% certain of is that Swift add this /these charges to the loan ....if they add contactual interest they are in breach of section 86F of the New Consumer Credit Act 2006...they can only charge SIMPLE interest...if they have charged contract interest that means that the amount showing you owe on the loan on your credit file will be incorrect and a breach of the Fourth Principle of the DPA which says

 

" Data is inaccurate if it is incorrect as to ANY matter of fact" they are telling every other creditor or searcher that you owe more money than you do ...it also throws your account into a mess.

 

sparkie

(2) The debtor or hirer shall only be liable to pay interest in connection with the default sum if the interest is simple interest

 

PS this only applies to charges aplied to the account after April 6th 2008

Edited by Sparkie1723
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Hi everyone

Bad news and more bad news I was given the worst shock of my life, Every bit of the case lost I'll post the resons given but you will not believe it I can tell you..................they are devastated.......the judge even refused permission to appeal..................I have never seen such a change in a judges attitude I feel like I am to blame for it all..........although an application for permission to appeacan be made going to have to give a lot of thought to that....all I can say you can imagine feelings at the moment .....going to have a long chat..........to see where to go from here........absolutely sickening I'll post a lot more tomorrow....I'm off for a pint .

The judge would 't even accept that although some £15,000 has been paid off, and all payments up to date in Oct last year their credit file showed that ONLY £850 had been paid off the loan and the balance owing was incorrectly stated, judge said insufficient evidence to that fact had been provided ...... claim out of the window. Sickening what else do you have to prove????

 

sparkie

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Hi everyone

Bad news and more bad news I was given the worst shock of my life, Every bit of the case lost I'll post the resons given but you will not believe it I can tell you..................they are devastated.......the judge even refused permission to appeal..................I have never seen such a change in a judges attitude I feel like I am to blame for it all..........although an application for permission to appeacan be made going to have to give a lot of thought to that....all I can say you can imagine feelings at the moment .....going to have a long chat..........to see where to go from here........absolutely sickening I'll post a lot more tomorrow....I'm off for a pint .

The judge would 't even accept that although some £15,000 has been paid off, and all payments up to date in Oct last year their credit file showed that ONLY £850 had been paid off the loan and the balance owing was incorrectly stated, judge said insufficient evidence to that fact had been provided ...... claim out of the window. Sickening what else do you have to prove????

 

sparkie

 

 

Geez Sparkie, that's a really blinding result. I am so sorry, what the hell happened after all your hard work?

 

Let you sleep on it, but I am so sorry for you. Swift will be enjoying this I bet..

 

Sarah

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Hi Sparkie,

 

I have another case where the Judge refused permission to appeal. I did appeal at a later date when I had gathered my thoughts to challenge what had taken place at the hearing. There is a lot of info to digest when in Court and it just needs disecting to find their fault because you know they have not done the right thing. I look forward to knowing this particular Judge's reasons but this Judge is not every Judge.

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Sparkie - so very sorry to hear your friends bad news and after all the hard work you put into this for them too!

 

Regards,

 

Landy

LTSB PPI on various loans (current/settled) - Refunded inc 8%

 

MBNA 1 Charges - Refunded inc CI

 

MBNA 1 PPI - Refunded

 

MBNA 2 Charges - Refunded inc 8%

 

MBNA 2 PPI - Refunded

 

MBNA 2 Accident Ins - Refunded

 

Swift Advances (settled) Mortgage Charges -Partially refunded

 

Swift Advances (settled) Mortgage PPI - Refunded inc CI & 8%

 

Sainsburys (settled) Loan PPI - Refunded inc CI +8%

 

Sainsburys (closed) Card Charges - Refunded inc CI + 8%

 

M&S Money (closed) Card Charges - Refunded inc CI

 

M&S Money (closed) Card PPI - Refunded inc 8%

 

Direct Line (settled) Loan PPI - Refunded inc CI + 8%

 

Debenhams Card (closed) PPI - Refunded inc 8%

 

Swift Mortgage Charges -Refunded

 

Hitachi Finance (closed) Charges - Refunded

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The judge would 't even accept that although some £15,000 has been paid off, and all payments up to date in Oct last year their credit file showed that ONLY £850 had been paid off the loan and the balance owing was incorrectly stated, judge said insufficient evidence to that fact had been provided ...... claim out of the window. Sickening what else do you have to prove????

sparkie

Insufficient evidence gets me. The credit file is the evidence other lenders rely on. Whether the agreement is enforceable or not should be a black and white issue surely?

Edited by overdone

If my post helped you feel better, click my scales.

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Oh Sparkie, that's terrible - how can these people get away with this kind of thing? Commiserations my friend.

 

However, we must overcome these. We know they are wrong and there are too many of us to let them get away with it. Lets fight this.

 

It's probably hard to come on and explain, but we can only admire your courage and tremendous hard work against the establishment - don't beat yourself up too much.

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Guest blackie

Sparkie, its not your fault. You have really tried against these vultures. I think I should give up now, Swift are powerful. My hearing was only adjourned, no doubt they will come back with all sorts, but they have never followed the protocol required and probably never will. Too be honest I'd top myself if I thought my family could keep their home. Anyway well done Sparkie you tried, you were my ray of hope in what appeared to be a black hole. Well were to now guys. Anyone any thoughts please.

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Do not give up because from that hearing and what their barrister and Judge said and agreed I learned something where I can Get these baskets caught in a loop...I will be Pm 'ing everyone with the info personally because I do not want Swift to know about it. There is an appeal being made

 

sparkie

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Oh Sparkie, that's terrible - how can these people get away with this kind of thing? Commiserations my friend.

 

However, we must overcome these. We know they are wrong and there are too many of us to let them get away with it. Lets fight this.

 

It's probably hard to come on and explain, but we can only admire your courage and tremendous hard work against the establishment - don't beat yourself up too much.

 

Sorry Sparkie

Am abroad at the minute got tx from mates regarding this. sounds strange mate. then again it would have read in the papers,

`working man beat international company`

Its all a big circle mate problem is decent people are outside it. everyone knows who even now is getting the big payouts from the goverment,

Its not over mate, again the problem is money, or lack of it. the system is built to keep the likes of your friends from fighting back.

It was too big a can of worms to be opened up. but without people like yourselves nothing would ever change,

Hang in their You should be proud of what you did for them. its the system mate,

will be in touch when I get back,

paddy

pick up a penquin two systems for the price of one:?:

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Sparkie, its not your fault. You have really tried against these vultures. I think I should give up now, Swift are powerful. My hearing was only adjourned, no doubt they will come back with all sorts, but they have never followed the protocol required and probably never will. Too be honest I'd top myself if I thought my family could keep their home. Anyway well done Sparkie you tried, you were my ray of hope in what appeared to be a black hole. Well were to now guys. Anyone any thoughts please.

 

 

We re group. Good strategy and determination.

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Do not give up because from that hearing and what their barrister and Judge said and agreed I learned something where I can Get these baskets caught in a loop...I will be Pm 'ing everyone with the info personally because I do not want Swift to know about it. There is an appeal being made

 

sparkie

 

 

Yes I know how you feel Sparkie about not commenting on main site. I haven't got a thread myself for my case, because you feel exposed and they are watching.It is another High St Bank. My second Judge was more interested and things moved forward. I'm keeping my PM box free if you will send info to please.

 

Termi

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Be Carefull everyone, especially on this,

I only got involved through a friend of a friend, and threw in a couple of misleading comments myself.

Although I am not directly involved financially with Swift, what I can tell you there is a major ongoing investigation taking place,

Both in England and over there in N Ireland as well.

Just hang in there folks,

Edited by pkelly

pick up a penquin two systems for the price of one:?:

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Be Carefull everyone, especially on this,

I only got involved through a friend of a friend, and threw in a couple of misleading comments myself.

Although I am not directly involved financially with Swift, what I can tell you there is a major ongoing investment taking place,

Both in England and over there in N Ireland as well.

Just hang in there folks,

Money talks though and so do the best barristers when you can afford them.

You get the justice you pay for so it seems. O J for example.

If my post helped you feel better, click my scales.

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Be Carefull everyone, especially on this,

I only got involved through a friend of a friend, and threw in a couple of misleading comments myself.

Although I am not directly involved financially with Swift, what I can tell you there is a major ongoing investment taking place,

Both in England and over there in N Ireland as well.

Just hang in there folks,

 

Is that investment or investigation?

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Money talks though and so do the best barristers when you can afford them.

You get the justice you pay for so it seems. O J for example.

YEP but where is O J now???

there is justice, it just in some cases takes time.

pick up a penquin two systems for the price of one:?:

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