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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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Help needed with letter to Welcome Please!!


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Hello all, please I'm begging for some assistance I've reached a standstill and I desperately need to get this sorted for the sake of my sanity!!

 

I want to get Welcome off my back once and for all, the thing is they have screwed up so many times I just don't know how to correctly word everything into a letter that will get some results.

 

I've had advice previously and reserached things substantially so I know what I want to say just can't seem to find the words!!

 

OK I'll just list all the issues and if anyone could articulate them for me I'd be extensively grateful!

 

 

  1. I took out first HP agreement for car finance in june 2006, this agreement was flawed and also involved mis selling of ppi
  2. financial hardship agreed in may 2007 to which their response was to put me further in debt by lending me more money! Irresponsible lending??
  3. Second agreement taken out in May 2007 as a modification to original, this agreement unenforceable also. PPI not included on this one but no rebate given
  4. Welcome refusing PPI refund as they state it was the broker who dealt with it so they are not responsible
  5. On receipt of SAR discovered evidence of secret comission paid regarding first agreement
  6. SAR found to be incomplete as no statement of any payments made from first taking out agreement until rewrite
  7. wrote to welcome asking for remainder of sar but they ignored me
  8. attempted reposession on several occasions
  9. NO Default issued
  10. NO termination notice issued
  11. credit file is still showing as x months in arrears, NO default registered, updated monthly by welcome
  12. 72 month agreement stated as 73 months on credit file
  13. balance due on statement different from balance due on credit file
  14. I have evidence from the recovery agent in the from of a letter stating that all statutory notices under sec 87 of cca had been served but they have not!
  15. Letter states that account has been terminated but credit file shows it as active and they are still processing my data

This has been going on for a year now and they never call or write, won't take court action but carry on trying to reposses my car.

 

I must have enough evidence to be able to get them off my back once and for all one way or another??

 

I would be extremely grateful for any help to get a letter drafted or anything else. I just can't cope any longer with the constant fear that one day my car might disappear. It is parked on my drive so I know they can't legally take it, but since when did the law apply to Welcome??

 

The last recovery agent said he would come and take the car off the drive with or without keys as he was a county court bailiff and trespass laws don't apply to him!! These are the kind of people Welcome employ to do their dirty work.

 

Please help.

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This company really is unbelievable.... I keep saying in my posts they should go to trial for crimes against humanity lol....

 

Have you paid more than a third off your loan and is it possible for you to post a copy of your agreement on this thread minus any personnel details using photo bucket etc . . .

 

 

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well they certainly cant take it without the correct default notices and if you have paid over 1/3 of the agreed payments then they will also need a court order.

 

get your agreement on here and any correspondence from welcome (delete personal details, account numbers and vehicle details) but leave the figures in.

 

the more info the guys on here see, the easier it is to help you.

 

 

Have you reclaimed the PPI yet?

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Hello and thank you for your replies!

I tried reclaiming the ppi but they just kept passing the buck and then stopped answering my letters. I was going to go through the fsa but I know it is a lengthy process and I haven't heard of anyone actually getting their money back even when the fsa do rule in their favour! I will take this as far as it needs go but if primarily I can achieve a situation where the balance is written off and my credit file amended I will be satisfied enough.

 

I have posted my agreements on here before in previous threads so I know they are nonsense, even more so now with the clarification that the acceptance fee as a charge for credit is a no no. This is the reason I was so keen to get my statements from the first agreement so I could see where they'd magicked the figures from for the 2nd agreement, needless to say they won't supply anything.

 

It is a difficult one about whether I've paid a third or not. According to Welcome I haven't paid a third, (that was their defense for attempting repossesion), but according to the outstanding balance on my credit file I have paid over a third. I'm not sure now though how relevant this is considering they have terminated the agreement.

 

I have looked into dodgy DNs and their implications and it seems that if a company terminate an agreement without a valid DN they are not entitled to collect any outstanding amount. Even if they try to re issue a valid DN they cannot issue notices on a terminated agreement without first reinstating the agreement, but they would need the customer to agree to that first which is seriously unlikely to happen!!!

I would hope that NO default would count equally as a dodgy default and the same rules would apply??

 

They are already in breach of section 87 of the Act by not serving the correct notices in the first place.

 

I have also read elsewhere on CAG that the account can be considered terminated if I have any correspondance from the company stating that the account has been terminated. I do have this! Even though it looks like the account is still active.

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Well the PPI issue if definitely worth chasing up even if it takes months.

 

Hopefully Post and a few others will pop by and give you some better advice and point you in the right direction to take.

 

you seem fairly clued up, but are you willing to fight it through?

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Well the PPI issue if definitely worth chasing up even if it takes months.

 

Hopefully Post and a few others will pop by and give you some better advice and point you in the right direction to take.

 

you seem fairly clued up, but are you willing to fight it through?

 

I have absolutely no qualm with fighting them lol! We all know what they can and can't do according to the law, the problem I have is how to stop them continuing to do the things they can't do!

 

I understand my rights and where I stand I just need some help to take it further, this is where I am stuck :(

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You're a gem thanks! There is another letter but I can't get my scanner to work so I'll prob just write it out; it basically says they are introducing their agent who has been instructed to collect the vehicle and all statutory notices have been served.

 

I really need to know where to go with this from here, if anyone can help me construct a letter or something I'd be really grateful.

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At the bottom of the letter it says 'We are the legal owners of the above vehicle and all statutory notices have been served under Section 87 (1) of the Consumer Credit Act 1974'

 

I have letters to prove they did not serve a default before they state they terminated the agreement. I know this means they can't collect any outstanding balance or repossess the car but how do I tell them that??!

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Send the **** a copy of those letters with a big fat "losers" from all of us at cag stamped across the top.

 

they have ballsed up and they prob dont know it, so take great joy from pointing it out to them and then enjoy watching them try to squirm out of it.

 

but hold fire till Post or someone else catches on your thread. Unfortunately I know bugger all about the legal side, but I like to wind em up if I can.

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Put this On The Legal Issues Forum!!!:cool:

 

The Police Are NOT there To Side With Them!!! They Have Acted IMHO Unlawfully Themselves.

 

They Obviously Didn`t Know What They Should Do in The Situation, And they Acted Incorrectly By Allowing Them to Take The Car Like That.

 

They Attended To Stop A Breach Of The Peace. They Should have Removed the Person Who Was Trespassing!!!

 

There Will Be Lot`s Of Help On The Legal Issues Area.:mad:

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Thanks Mark, I was near exploding point myself!

I just couldn't believe they were letting this happen!

 

The officer was a total p***k! I am going to make a complaint about him personally anyway, his attitude was terrible; he began by arriving and immediately having a laugh and joke with the recovery driver then came to my door and asked me why I was causing so many problems!

 

I told him they had not followed the correct procedure as in issuing the correct notices and they were not legally allowed to remove the vehicle from my property without a court order and my permission, he just said "yes they can"!

 

He refused to listen to anything I had to say or look at any of my evidence and just kept saying "I don't care" and "I'm not interested"! I told him I knew my rights and I knew the laws and he said that he knew his job and it was legal!!

 

He even threatened to arrest me for theft because I wouldn't give the keys over!

 

Luckily my partner filmed the whole thing and got him on tape saying that he was happy to allow this to happen.

 

The driver said he'd spoken to welcome and if I paid my arrears I could keep the car! How exactly am I supposed to pay arrears on a terminated account??

 

I've made a complaint to the FOS and now I'm on the war path. There is no way I'm going to let them get away with this, I'm going after welcome, the police officer and the recovery agents. I'm not going to let them do this to anyone else! I want blood!!!

 

I got some paperwork off the driver, one is the usual crap letter about them being the legal owners and serving all the statutory notices, the other is more interesting it's got my details, the car details and a section about welcome's termination details i.e. date of NOD and date of termination which funnily enough are blank!

 

They left without the log book and keys, after I'd deadlocked it of course. As soon as he moved the car the alarm went off and so it continued all the way down the road!

 

If I don't succeed in getting my car returned I'm seriously considering attending the auction and buying it myself for a snip!

 

I'll post on the legal forum just now, thanks for your support I'll keep you posted!

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What a Farce! LOL. Obviously the Officer (P***K) Doesn`t Know A Lot About His Job:rolleyes: He Needs The Error Of His Ways Pointing Out To Him, By The Cheif Constable After You Make your Complaint.

 

You Say This Was Filmed? That Is Brilliant!!! LOL. See If Your Local TV Is Interested In Showing It??? :lol:

 

What Chance Do People Have Of Standing Up For Their Rights When Even the Ones Who Should Know The Rules Don`t???:eek:

 

Have You Looked at the Legal Issues Site Yet? This Will Point You In The Direction of How To State Your Complaint About The Police And Their Actions In The Proper Way. Which is What Needs To Be Done!!!:mad:

 

I Will Do Some More Research My Self Into All Of This! Any Help I Can Give You Just Ask.

 

Winds Me UP!!!:mad:

 

Cheers, MARK

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Thanks Mark, Just for a laugh I decided to give them ring! The ill informed man on the phone informed me that even though my agreement is terminated it is still active! I gave him the chance to bring my car back but he made the wrong choice lol!

 

He said the car had gone to auction now but I could still have it back if I paid the outstanding balance! Apparently a DN had been sent on the 16th of July. I asked him for a copy of it and advised him that I had made a complaint to the FOS and would now be commencing legal action, he had no explanation as to why it hadn't been registered on my credit file.

 

He also said a termination notice was sent on the 4th of August, now I do have a letter dated 4th of August but it has Without Prejudice written at the top of it, surely that can't be it?? Without Prejudice??! Nonsense!

 

I have posted on the Legal Issues forum but as yet no replies:(

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