Jump to content


  • Tweets

  • Posts

    • 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...
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

Monument PPI Claim


moneyproblem
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4378 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

  • 2 weeks later...

Ok I am not having much joy with getting anywhere with Barclaycard (Monument), a portion of Monument credit card account(s) was sold to Barclaycard and as a result one of them was mine. Barclaycard is telling me that they do not have all the details (statements what of you - but I do, so....,). However out of pity they are willing to offering what they feel like :jaw: so I will have to submit a court claim. I mean how rude consider I NEEEEEVA ask for the PPI or payment break plan, it was added without my knowledge. I am on the hunt for a POC for credit cards and any help would be greatly appreciated.

 

ETA: Found 3 Credit card POC, but will work one of them and if any PPI experts or anyone for that matter who is good with POC to please spare your humble CAGer a few moment of your time to check that I am on the right path :madgrin:

Link to post
Share on other sites

try contacting this lady - she seems to know what she is doing

[email protected]

 

Ok cool beans, if you don't mind uhmm I had sent both my prelim and lba already so I was just thinking the best way to approach her in regards to my PPI. Can you give me a little guidance as you have had experience dealing with if that is ok please :madgrin:

Do you think is best to start over with her with the prelim or ????

Edited by moneyproblem
Link to post
Share on other sites

  • 2 weeks later...

HI Tugela just to let you know i recieved an offer which i have accepted ,they wrote to me and asked for my bank details for the refund .So far it has,nt gone into my bank account, how long if you dont mind me asking did it take for your refund to go in to your account. Many thanks again for your help.x

Link to post
Share on other sites

HI Tugela just to let you know i recieved an offer which i have accepted ,they wrote to me and asked for my bank details for the refund .So far it has,nt gone into my bank account, how long if you dont mind me asking did it take for your refund to go in to your account. Many thanks again for your help.x

 

Hi Roxy

Thats great....... am not 100% sure how long mine took - i do know that when i got my statement the amount had been deducted from my balance. It wasnt very long.

Drinks on you lol x

Link to post
Share on other sites

Email Judith Hayes tonight along with my updated SOC, was occupied with other claims so I am just now getting back to this. will keep on it now until I get my full refund!

 

Barclaycard (monument) refused to refund me so am going to FOS.

Link to post
Share on other sites

  • 1 month later...
Hi Raz,

I had also fallen behind with my payments to Monument and was on a payment plan with them but i still claimed. All i did was filled in the form from this site and then they offered me back only 3 years and i wanted 6 years so i dealt with this lady and i got all 6 years back - so give it a go and good luck

 

Carole O'Neill

Customer Relations

Monument

51 Saffron Road

Leicester

LE18 4US

 

Fortune favours the brave as they say

 

Regards

 

ims

 

Link to post
Share on other sites

I simply wrote a letter and didn't fill out and specific forms from this or any other site. Just outline in your letter that you feel that the purpose of the scheme was never properly explained. Ask them for a copy of your original application form and any correspondence and/or phone calls relating to your agreement to PBP. Monument/B'card will send a standard response etc, but you may be lucky and get a final paragraph stating they believe they've done everything correct, but notwithstanding that they are willing to offer you £xxxx. See how you get on...my cheque has now arrived and been banked!!

Link to post
Share on other sites

Politely requesting a POC pro let me know if this is suitable to be used for claiming against Barclays Bank Plc t/a Monument please. TIA

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant had a credit agreement, credit card number xxxx xxxx xxxx xxxx ("the Agreement") with the Defendant which was opened on or around xxxxxx.

 

2. At the time of opening the account the Defendant misled the Claimant into procuring Payment Protection Insurance ("the Insurance") as part of the overall credit bargain.

 

3. The Claimant contends that:

a) The Insurance imposed upon the Claimant were added to the claimants credit card account without their knowledge.

i)The Insurance imposed upon the Claimant neither defined nor explained, nor alternatives from other suppliers suggested.

 

b) The Claimant further contends that if the Insurance was applied correctly, that the Agreement was not executed in accordance with the Consumer Credit Act 1974;

i) As the Insurance was in fact a charge for credit on the Conditional Sale Agreement, it could not also be part of the credit on the additional insurances agreement as under section 9 (4) CCA credit charges cannot be treated as credit even where time is given for their payments

ii) If the Insurance was not a charge for credit in respect of the Conditional Sale Agreement, as it was compulsory, it was a charge for credit on the additional insurances and under section 9 (4) CCA credit charges cannot be treated as credit

iii) For the reasons stated in either (i) or (ii) above, the agreement for additional insurances failed to state the correct amount of credit and did not comply with paragraph 2, schedule 6, which requires that regulated agreements contain as a prescribed term stating the correct amount of credit

iv) The agreement for additional insurances was therefore improperly executed under section 61 (1)(a) of the CCA.

 

 

4. Accordingly the Claimant asks:

(1) Repayment of charges beyond the normal 6 years and will rely on s.32© Limitation Act 1980.The precedent for this was Kleinwort Benson Ltd v Lincoln City Council

(2) A declaration that the sums totalling £xxxx.xx have wrongly been applied to the Account

(3) Payment of the said sum of £xxxx.xx

(4) Payment of interest in restitution as per the case of Sempra Metals of £xxxx.xx in respect of the wrongly applied charges.

(5) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of this claim of £xxxx.xx the daily rate of £x.xx until judgement or sooner payment.

 

I believe that the facts stated in these particulars, comprising of x pages, are true.

Link to post
Share on other sites

  • 7 months later...

hi all

i am new on here, i have an old monument account, they closed it 'due to the economic problems' i sent them a letter asking for ppi last year and they sent me the letter that it was the 'payment plan and not insurance' so left it at that, i do still owe on the account,

where do i go from here?

i have about 90% of my statements going back 6yrs

 

thank you in advance

Link to post
Share on other sites

hi all

i am new on here, i have an old monument account, they closed it 'due to the economic problems' i sent them a letter asking for ppi last year and they sent me the letter that it was the 'payment plan and not insurance' so left it at that, i do still owe on the account,

where do i go from here?

i have about 90% of my statements going back 6yrs

 

thank you in advance

 

start your own thread

sse below

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...