Jump to content


  • Tweets

  • Posts

    • 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.
  • Our picks

    • 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
        • Like

george mcm vs Clydesdale bank


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5528 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

After reading a lot of posts and getting the information required I sent my DPA with £10 to the clydesdale head office on the 1st july truly expecting no end of hassle due to what I have previously read. Within one week I got a reply saying they dont have to provide proof of manual intervention under the DPA but will provide all statements required. Then on the 25th July I got all my statements, now ready to ask for my money back, (over £2000) will send this during next week, and eagerly await there reply.

Link to post
Share on other sites

  • 4 weeks later...
  • Replies 239
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Quick update folks, asked for my money back oh so nicely and guess what, they havent done anything wrong and wont be returning any charges.

So now sent my LBA dated 16th Aug. Dont mind the wait, lets see how they like the boot on the other foot now.

Link to post
Share on other sites

Hi George, I've just sent my prelim letter last week too, prepared for usual bull in reply but we've just got to be patient and follow the procedure until they get the message we mean business...;)

 

Keep us updated, cheers

 

davg

Link to post
Share on other sites

Got a reply today saying they have reopened my complaint and a further review is being undertaken saying they will respond within 28 days from when they received my LBA dated 15th August.

sent prelim letter-----bank said done nothing wrong

sent LBA ------------bank now want 28 days to reply

They will get 14 days like the prelim letter gave them, they now have 7 days left.

Link to post
Share on other sites

Good man! Good luck

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

Link to post
Share on other sites

Been following your thread with great interest JMio. OK no reply and 28 days was up yesterday so have forms to fill in but unsure what to write in box NAME AND ADDRESS OF PERSON AGAINST WHOM CLAIM MADE (DEFENDER) i know its the bank but WHO, shall that be the customer relations managers at the head offices or the manager at my local branch, cant find any references to this question, will check again.

Any advise would be gratefully appreciated.

Link to post
Share on other sites

Hi George

 

Well done on the court papers and good luck :)

 

I'll be following your progress since I'm so closely behind you. My LBA with the Clydesdale runs out in 2 weeks, after which I'll be filing court papers with Edinburgh sheriff court.

 

What address did you end up using?

Link to post
Share on other sites

Hi Piggy bank, filed papers today and court clerk couldnt have been more helpfull, even saying make sure they pay the 39 quid costs when they phone you! she also said date would be Nov but they will pay up before that as they have done so all the time, and are getting quicker with it now.

Could this be the crumbling of the Clydesdale bank defences at last.

 

Piggy bank------------Address as St Vincent Place, Glasgow.

Link to post
Share on other sites

Hi George, hope everything goes well for you, were the forms easy enough to fill in ?

Not really had a chance to view them yet but will do so soon. I would love to actually go to court and win against this shower George, they have bullied me big time over the years...payback time awaits.

 

keep in touch

 

davg

Link to post
Share on other sites

  • 2 weeks later...

This shower will try everything in the book to stall, i sent my claim on 6th september, came back to me this morning saying the names on it differ, when i went through it i had mr & mrs g mcmenamin then later had mr & mrs mcmenamin, my mistake, seems feeble but sod em, i will alter and send back, unfortunately it tooks nearly 3 weeks before i got it back.

Link to post
Share on other sites

  • 2 weeks later...

New LBA was sent 03/10/06 due to contractual interest, received a reply from CB today 11/10/06 apologising as it has been 8 weeks since i complained and get this quote

" WE HOPE TO BE IN A POSITION TO ADVISE YOU OF OUR FINDINGS WITHIN THE NEXT FOUR WEEKS. IF WE ARE UNABLE TO DO SO, WE WILL PROVIDE YOU WITH AN UPDATE AT THAT TIME"

 

12 weeks and no findings, stalling me thinks, interest grows.

Anyway this time assuming i can fill in the court papers correctly they will only get the 28 days as advised. Court papers due 1st November and im looking forward to court.

Link to post
Share on other sites

Mel vs Clydesdale bank

 

My Court Hearing was yesterday. I found out on Friday that they had entered a defence. Also on Friday I had been offered a settlement £735 but as this did not include interest or costs and was to be in full and final settlement I declined. My total claim is for approx. £3910 plus interest and costs.

 

They had a solicitor in court with their defence which was much the same as the contents of the bank's letter that they send you refusing payment. The sheriff asked him to elaborate on the points made in the defence but was told that he would need more time.

 

So there is to be another hearing on 1st December.

 

We were out of court within 10 minutes. (A sleepless night for nothing).

 

I am told that the ball in now in Clydesdale's court so it's a waiting game again.

 

Mel

Link to post
Share on other sites

  • 2 weeks later...

Clydesdale Bank.

I hit them with 7 small claims (on my personal account) covering different periods and they have intimated that they will defend the actions but they have asked the court to "conjoin" the actions and have further asked that the "conjoined actions" be remitted to the Ordinary Roll under rul 15(1) of the Small Claims Rules 2002.

My interpretation of this is that they want to have the hearing for the total amount covered by the small claims actions but I am unsure what they mean by asking for the action to be be transferred to the Ordinary Roll.

Rule 15(1) of the Small Claims Rules refers specifically to the transfer of a claim to another court??

Anybody any thoughts or experience of this type of defence?

HRB

Link to post
Share on other sites

Hi HRB,

 

What they are doing is taking your case out of the small claims and into the ordinary cause track due to the amount being claimed, ideally you should have done one small claim at a time in chunks of £750.00.

 

The ordinary cause leaves you open to paying expenses in the event you lose and the rules are alot more complicated. If you go here :Ordinary Cause Rules it explains it all in detail.

 

I am going through the summary cause at the moment with LTSB.

 

Regards

o0oLiamBeeo0o

Prelim Req sent 12 June 2006,

LBA sent 26 June 2006,

Confirmation of court action sent 24 July 2006,

Court return date 20 October 2006 - LTSB did not reply,

Court hearing date 27 October 2006 - Decree granted in my favour,

Recall of decree recieved 16 November 2006,

1 December 2006 assigned as recall of decree,

26 January 2007 assigned for full proof hearing,

16 January 2007 1st offer recieved and declined,

23 January 2007 2nd offer accepted, awaiting monies to hit bank account

 

All advice & opinions of o0oLiamBeeo0o are personal opinions, if in doubt seek advice from a qualified professional !!

 

vvv My Thread vvv

 

Link to post
Share on other sites

These peeps are tough to crack eh, they need more time to collect further information, they have had over 10 weeks to investigate due to me sending 2nd prelim, lba with contractual interest, times running out for CB and this neil mckirdy, be at court next week and hope to get my day to make them all out for what they are EDITBAR-STEWARDS.

 

 

**Moderator Note: Edited due to libelous content.

Link to post
Share on other sites

Oooh Mel, well done for taking it as far as you have - I hope you kick their backsides! I am sending off my initial data protection letter on Monday with my £10 so I will see how it goes. Quick question, do I send this to my branch or to head office?

 

Best of luck on 1 December - are you the first person to take them as far?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...