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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.
      • 1 reply
    • 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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Boonyed v Barclays **WON**


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Hi Boonyed!

 

Tonight I issued a claim against Barclays for £486 plus court costs...

 

Got my claim number for Northampton County Court...

 

I have PM'd Bankfodder with the details...

 

Any news on yours yet?

 

Dom... :)

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Thanks for the support everyone.

 

I do have news.......Barclays have today acknowledged my claim and, as far as I can determine from the FAQ's section, they now have another 14 days to file a defence. If they don't I can then request a judgement. However, it seems that they acknowledged the claim before the initial 14 day period was up and, according to the Moneyclaim site, they have 28 days in total. I will wait until the 28th May before filing for judgement, just to make certain.

 

I am growing in confidence with this whole issue and would encourage everyone to take this all the way. I know they are wrong and am quite prepared to go to court to sort this out.........Barclays, I hope one of your moles is reading this thread!!!

 

Good luck to you all!

 

Well done Dom, take it to 'em.

BOON

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Guest red_ratty_rat
Hi Boonyed!

 

Tonight I issued a claim against Barclays for £486 plus court costs...

 

Got my claim number for Northampton County Court...

 

I have PM'd Bankfodder with the details...

 

Any news on yours yet?

 

Dom... :)

 

Sorry to steal your thread Andy, Don how and where do I post PM'd Bankfodder with the details?

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Got my notice of acknowledgment from the County Court in the post this morning.

 

It tells me that Mr Keith Jeremiah - Legal Executive (in house) is the defendant on behalf of Barclays and 'intends to defend all of this claim'. He's got till the 28th to file a defence.

 

Good luck to him.....he'll need it!!

 

BOON

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Guest red_ratty_rat
Looks like Keith is going to be a very busy man!!

 

Indeed he is. I got my notice of acknowledgment from the County Court in the post this morning.

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Good luck to you ratty, all the best with your claim.

 

I had a nice surprise yesterday. I have an Abbey credit card which was paid off in full on the 5th May. However, I was supposed to make my payment by the 3rd, so defaulted. My new statement has a £25.00 late payment charge, so as you can imagine I was straight on the phone. Abbey offered me £13 as a goodwill gesture and promptly tried to get me to buy unemployment insurance!!!! I was gobsmacked...cheeky beggars.

 

I said that I was not interested in the insurance and that I was going to write to the company and ask for a full refund on my charges, if they weren't forthcoming I'd be closing the account anyway. She didn't seem bothered, but said that the £13.00 refund would be added to my account anyway.

 

My question is; do I pay off the remaining charges and then try to claim them back, or do I not pay the charge and let interest acrue, while the claim proceeds?

 

Thanks in advance.

Andy

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Guest Lueeze

For the sake of £12 id pay it off so you dont default, then write and request it back!

 

Cheeky gits!

 

Good Luck

 

Lou

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Guest red_ratty_rat
Good luck to you ratty, all the best with your claim.

 

I had a nice surprise yesterday. I have an Abbey credit card which was paid off in full on the 5th May. However, I was supposed to make my payment by the 3rd, so defaulted. My new statement has a £25.00 late payment charge, so as you can imagine I was straight on the phone. Abbey offered me £13 as a goodwill gesture and promptly tried to get me to buy unemployment insurance!!!! I was gobsmacked...cheeky beggars.

 

I said that I was not interested in the insurance and that I was going to write to the company and ask for a full refund on my charges, if they weren't forthcoming I'd be closing the account anyway. She didn't seem bothered, but said that the £13.00 refund would be added to my account anyway.

 

My question is; do I pay off the remaining charges and then try to claim them back, or do I not pay the charge and let interest acrue, while the claim proceeds?

 

Thanks in advance.

Andy

 

Why was that a nice surprise? I don't see anything good in what they did.

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Ditto !

 

Good luck boon I will be following this thread closely as have just started tallying up what Barclays owe me today.

 

I would like a bit of advice though please as i have only kept my statements for the past three years. Shall i DPA them or just claim back what i know they owe me ?

Also has anyone included Barclays additions fees and overdraft interest charges or are they legal and should be left out.

 

Thanks

 

Mod note: Please start your own thread with this query. You can then add any progression without hijacking this thread.

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  • 3 weeks later...

Sorry I haven't posted for a while, I've been away on holiday and have just got back.

 

While away I recieved notification of Barclays defence and have missed the seven day deadline for my reply to the court.

 

I will be studying the material tomorrow and will let you know what my next course of action will be as soon as I have chance.

 

Thanks for the continued support.

 

Andy

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Okay

 

I have my allocation questionnaire, I did initially think that i would miss the 7 day deadline for returning the document as I was on holiday, but I have until the 13th June to get it to my local small claims court, after which time a hearing date will be set, sometime during the next 4 months.

 

Barclays have provided a written defence which is almost identical to the one posted by Valleyboy in his thread below;

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=3449

 

I have looked through the guideance on this site and found all that I think I need. If the buggers turn up I'll be ready for 'em.

 

Just one question; if they set the court date when i am supposed to be at work, can i claim loss of earnings aswell?

 

Andy

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  • 3 weeks later...

I recieved a letter this morning from my local court with a date for the hearing. its towards the end of August, so I have a few weeks to sort something out, should Mr Jeramiah not wish to settle beforehand. I intend to write to him on Monday giving him the opportunity to do so.

 

The notice says that I need to get my bundles together and send 1 to the court and 1 to the defendant in the first week of August.

 

It does surprise me that, as they appear to be settling quite a few claims before they get to the court steps, they did not make an offer when they got my notification of claim. It is going to cost them more than I was originally claiming afterall!!! Perhaps they are snowed under with the number of claims and can't keep track of individual cases, or they may be hoping that people default by not returning their questionnaires on time - the thought of actually going to court is a bit daunting to many and I think Barclays are hoping that people will be put off.

 

All I can say is don't let it phase you, its your money, get it back off 'em.

 

Andy

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I e-mailed Mr Jeramiah on Monday last week, asking him to consider settling before we get to the court steps. I have had no reply, so far. But I am encouraged by Icefalls Success and will start putting together my documentation to send to the court and the defendant.

 

Good luck everyone else.

BOON

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  • 4 weeks later...

Hi all

 

Thought I'd give everyone an update on my own claim. I have a couple of weeks left to get my bundle of supporting documentation back to the court and to Barclays ready for the hearing, towards the end of August. I have all of the documentation that I think I'll need and will be putting it together over the next few days.

 

The e-mail I sent to Jeramiah and his cohort has not atracted a response from either of them and so I will probably see them on the court steps. Though I understand that a number of people have had postponments to their cases. I'll wait with interest to see wht happens.

 

If you trawl through the ealier posts on this thread, you'll see that I was quite anxious about going to court and putting my case to the judge and the Barclays rep. However now it doesn't phase me and in fact, I'm quite looking forward to it. The longer this drags on the higher the amount of interest my money is attracting!!

 

Its my money.

 

BOON

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