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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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CCJ confusion


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Hello there. That looks pretty good to me, it's to the point.

 

If they come back to you and state that they are claiming statutory interest this can be challenged as the law is very clear that this cannot be claimed for debts which have arrisen from a CCA regulated agreement (such as loans and the vast majority of personal overdrafts). Send it off and see what they come back with, if they say it is for statutory interest then we will have 'em!

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Hi, Luminol

 

If you want to find out exactly whats been going on, I'm going to explain what you should do.

 

Send Your SAR to

The Data Protection Manager, Retail Regulatory Risk, 2nd Floor, Business House B, RBS Gogarburn, PO Box 1000, Edinburgh. EH12 1HQ.
.

Enclose your £10 postal order.

 

What I also need you to do is send a copy of this to The Recovery Manager, CMS, Telford. But you must attach a letter directly to him. I want you to include the following:-

I am aware that you hold on me a "Diary Event History". I specifically request a copy of this.

Also, it has been brought to my attention that customers whose accounts are in default, have "Router Accounts". If such accounts have been set up in my name, you have a legal obligation to provide me with data relevant to such accounts,when the accounts were set up and details of any monies owing to these accounts.

 

Wait to see what comes back. The Diary event history will reveal alot about what has been going on.It is a record all correspondence between you, the bank & the solicitor.

Router accounts are set up as an internal[possible illegal] way of managing accounts. They accrue interest, when no agreement exists for your other accounts which allows them to.

Take a look at

 

Pauls case highlights PJI, & RBS dirty tactics.

 

This thread shows what "horrors" a SAR can throw up. Especially a debt that goes back a long way.

 

want to get the ball rolling before the next £500.00 gets added

Don't worry about this, they cannot add PJI.You will challenge this when you have all the data. We got statements going back to 1991, if they have them they will supply them, & when they do you can challenge all the charges & interest.

My only concern is that your payments are so low, that you are opening a can of worms. Be careful.The RBS do not play fair.

 

Debs

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Thanks Debs,

 

My initial concern is to get the interest stopped then I have a fixed amount to deal with, possible reclaimation of the charges I will think about, I intend to SAR them once they stop the interest (as per Court Judgement), the can of worms thing well, I don't have much money, officially I have no income because my OH works and I stay at home with my little girl, so they can't have what I don't have and Bankruptcy has been a consideration for awhile.

 

I'm going to see how it goes and keep my fingers crossed, but thanks for the advice, I appreciate everyones help greatly.

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After reading the suggested threads, I have to say, I'm a little concerned, so heres the letter I'm going to send:

 

The Recovery Manager

Credit Management Services

Kendal Court

Ironmasters Way

Telford

TF3 4DT

20/01/2009

Dear Sir/Madam

Reference:

Thank you for the statement I recently received from you relating to account no xxxx. This statement has brought to my attention a discrepancy relating to the interest applied to this account, as you are well aware the account in question is subject to a County Court Judgment.

The details of the judgment stated that 'The court has therefore decided the rate at which you should pay. You must pay the claimant £14647.87 for debt (and interest to the date of Judgment) and £250.00 costs'.

In light of the recent and only statement I have received and after seeking advice and clarification regarding the terms of the County Court Ruling, it seems clear to me that you are still adding a substantial amount of Interest to this account regardless of the court ruling and that the amount owing is now £19584.72.

I would be grateful if you can advise me of your position in relation the account.

Yours Faithfully

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looks good to me.

see what their response is & take it from there.

[it will probably be the standard RBS response, "The interest added is for internal accounting purposes only".They do this so they can artificially & illegally inflate there balance sheet].

You say you have not recieved any other statements before this, this is normal with RBS, so you don't know whats going on. I wonder why they sent it !

 

 

 

Debs

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Well I had a letter previous to this which from memory said something like ' we now because of some regulation or another have to keep you upto date with stuff'? lol it was something like that.

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Looks fine Lumi,and Sequenci makes good points in post 28.Not really worth trying to speculate until they respond to this.

The points made by debbbbsy are also interesting-its probably worth a tenner to do that-but you MUST specify exactly what it is that you want them to handover to you.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

RBS aren't the fastest to respond to anything. They actually have 8 weeks to resolve complaints.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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In short yes. You are correct.

 

Statutory Interest is regulated according to the The late Payment of Contractual Debts (Interest) Act 1998

 

The late payment of Contractual Debts (Interest) Act 1998 covers contracts by which a person does any, or any combination, of the things mentioned in subsection (3) for a consideration that is (or includes) a money consideration.

 

 

(3) Those things are— (a) transferring or agreeing to transfer to another the property in goods;

 

(b) bailing or agreeing to bail goods to another by way of hire or, in Scotland, hiring or agreeing to hire goods to another; and

 

© agreeing to carry out a service

 

 

 

It does not cover:

 

* contract of service or apprenticeship

* a consumer credit agreement;

* a contract intended to operate by way of mortgage, pledge, charge or other security

 

Or, under section 2, any situation where an act of parliament convers a right to another form of interest OR a right to demand interest on it is exercised.

 

There is also a right to interest under the County Courts Act, BUT, again, this does not extend to consumer credit agreements Results within legislation - Statute Law Database

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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Hi all

 

Recieved a response today from RBoS, it is as follows,

 

Dear Luminol

 

Account xxxxxxxxxx,xxxxxxxxxx,xxxxxxxxxx

 

We write in response to your letter dated xx/xx/xx

 

The balance currently outstanding on your account is £14807.87. This is the Judegement of £14897.87 less payments of £90.80. Since the Judgement interest has been frozen and not applied to the account.

 

We apologise if the statement which has now been sent under changes to the Consumner Credit Act has caused confusion.

 

Our staff are available to take your call blah blah blah...

 

Yours Sincerely

 

Recover Manager.

 

So this seems straight forward, although I have no idea why they have to send statements showing what they may have had in interest if it hadnt gone to court, is this for internal audits?

 

Any comments would be welcome.

 

Thanks Lumi

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Hey all, So Im gonna presume that this is a open and shut case as it were, and that Im okay with nothing to worry about,
Yes. You certainly have nothing to worry about as they have confirmed in their letter to you and no interest is being applied.

 

So this seems straight forward, although I have no idea why they have to send statements showing what they may have had in interest if it hadnt gone to court, is this for internal audits?
Under the changes in the Act they need to send you statements. It would appear that they have just made an error in the statements they have supplied you which is where the confusion arose. The statements are automatically generated which is probably the reason for the error.

HAVE YOU BEEN TREATED UNFAIRLY BY CREDITORS OR DCA's?

 

BEWARE OF CLAIMS MANAGEMENT COMPANIES OFFERING TO WRITE OFF YOUR DEBTS.

 

 

Please note opinions given by rory32 are offered informally as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

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  • 1 year later...
Thanks Paul

 

Hopefully the SAR will shed more light on this, Is there a way to stop them doing this?

 

Lumi

 

Don't worry, we'll sort it.

 

What was the balance of your accounts at transfer date?

 

PW

An appeaser is one who feeds a crocodile, hoping it will eat him last. <br />

Winston Churchill

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Yes initially they went to Telford, then it was moved to Triton.

 

I have a letter from CMS dated 03/02/09 stating interest frozen since judgment and that I owe £14807.07, it explains, Judgement was for £14897.87, less payments made of £90.80.

 

Statement dated 2009

 

Loan Opening Balance: £19968.11

Outstanding Arrears : £14547.45

 

*then lists details of my payments of £2.00 x 6 = £12.00

*the lists interest debits. as follows:

 

29/06/2009 - £372.27

29/09/2009 - £383.36

 

 

 

Loan Balance (Closing Balance as at 16/11/2009) £20711.74

Amount req to satisy arrears, as at 16/11/2009 £15984.57

 

So just looking at this, none of the figures add up at all, one letter I have when I complained stated no interest since judgement, but all the statements show plenty.

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