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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...
  • 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
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swift advances and FSA and others


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Just click on the link on your post where it says subject access request or this one and it will show you the letter to write.

 

Too late for changing what you have sent if already gone, but the Data Protection Act allows you to have all records relating to your relationship with them, they'll bank out some of what they don't want you to see, but the rest is worthy of analysis. Once you have received all you can get and have copies of statements and an analysis of all the charges they have made to your account, then come back here and someone can go through them with you to see if there's anything else you shouldn't have paid them.

 

I'd certainly make a general enquiry with them asking them exactly what it is they are refunding you, what it is made up of and how they determined exactly how much was due to you and for what reason. That way there will be absolutely nothing unclear to you, then come back here and we will help you analyse that.

 

One tip with Swift, NEVER trust what they tell you - always ask until you are 100% clear as to what they said is true. You'd surprise yourself.

 

Just keep plodding away at it because they are devils for covering things up (Allegedly :madgrin: ) .

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Well i have returned the consent form for the cheque to be sent but have also sent e-mail asking for a breakdown of how they arrive at the figure they are offering me. Also they have given a number to phone to ask questions. Surprise you are put on hold but a message says that they will confirm the amount once they recieve back the form...they should have mine in there hands today. Plan to keep phoning and bugging them until i have a complete picture of whats going on. Will update with any developments as they happen.

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Well done, but try and get everything in writing rather than in phone calls. You can get transcripts of telephone calls so if there is anything juicy take a note of the time, date and person you are speaking with so you can get the transcript. - comes on a disc. It's just better to have anything they say in writing so you can always refer back to it at a later date if there is any dispute over this. You could just ask if phoning, to confirm what has been discussed in writing so as not to sound pedantic. They are getting used to we procrastinators now and once you've been 'sussed' as having been frequenting watering holes like CAG then they begin to put the shutters up.

 

Good luck.

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Well finally got to speak to someone....easier to get blood out a stone than information from him. But he confirmed that i am getting a refund, then i asked about a breakdown of the charges that will get refunded. He said that they didnt need to send that all they are required to send was a letter stating the amount and once i get that letter and agree to the amount a cheque will be sent. Explained that i need a breakdown of the charges and fees and what accured interest they are refunding so that i can agree with the figure that they arrive at. He has agreed and said he was having a breakdown printed out there and then and will send it out straight away. So should have it tomorrow or wednesday. So will see if they are playing fair now

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Well got a breakdown and what a lot of rubbish. As my loan was with swift advances until 2007 and then refinanced with swift 1st they only have to give refunds for a 1 year period.

The guy on the phone said that as swift advances have been found to have done nothing wrong they don't need to make redress. Seems it's all done to regulated and un-regulated loans and that's how the don't have to pay so much back. So looks like i will have fight like everyone else with swift advances to get something back but sure how as the loan has paid off since 2007. Anyone know if I still can?

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  • 5 weeks later...

The thing that anybody dealing with Swift has to watch is that they do not produce the Actuarial Accounts in Court. We had problems a few years back and Swift tried to repossess. Luckily our situation stabilised and we were able to make an offer of payment of the monthly installment plus an amount off the arrears agreed in Court, which we have maintained for several years now. However according to the Credit Reference Agencies the outstanding amount is increasing by a much faster rate than the amount being paid off on the arrears. Twice I have got the Judge to demand that they produce the Actuarial Account in Court so he can look at their charges and consider them under the UTCCC Regulations and twice they have refused to make the accounts available. After the last review I asked to approach the Judge and pointed out that they had failed to produce the actuarial accounts yet again and he said if they fail to produce them again he will consider ordering that the debt is unenforceable as they have failed to produce the required and requested documents in Court.

It will be interesting to see what happens but there is no date set at the moment. Incidently after yet another complaint to Swift they wrote to me and stated that there may have been some charges added to the account which were not allowed following the FSA investigation into Swift 1st and they offered to refund one month's payment in full and final settlement of my complaint. Needless to say I did not accept because I think there is a can of worms under this company and perhaps HMRC will follow this web of companies and the dealings and transfer of loans between other companies in the group, no doubt for tax avoidance. Now the Channel Islands have been dragged into the tax system the parent LLP in Guernsey may come under scrutiny.

Edited by Karada_uk
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  • 1 month later...

The Actuarial Account is the one that Swift and the other seedy lenders don't want you to see. It is the one where they add all the additional fees and charges and charge interest on them which over the period of the loan can add up to many times the amount that you borrowed. Their hope is that you will never be able to pay off the loan so somewhere along the line they can get possession of the property. Basically they run two accounts for a borrower, the loan account, which has the initial borrowing and the broker's fee (which is normally well above the limits recommended by the FSA) and to which the interest is added and payments made. The Actuarial account holds all the fees and charges, the fees they charge for taking the matter to Court (which technically should be awarded by the Court but they charge more that they would get awarded at Court). They then add the interest on to this amount. In Court they do not make any reference to this account except to include the amount in the total. The Court may make an order to pay the monthly installment plus an amount off the arrears, the arrears being the ones showing on the Loan Account. Generally the Court will settle for an amount calculated under the Norgren principle, which is an amount that will ensure the arrears are paid off over the remaining period of the loan. Of course, as they haven't declared the Actuarial balance nothing is being paid off that, so it continues to grow with management charges and interest being added. If the loan is interest only, then one will find that the settlement figure is not just the borrowed amount but an outstanding balance many times the size of the amount borrowed.. This is why you will find many cases on here of people who have borrowed, say £30,000, miss a payment early on and later when they come to settle the loan they find that they still owe almost the full amount or even more. The Actuarial Account has been sitting there, undeclared, having charges and interest added and not being reduced at all because it was not taken into consideration during the calculation in Court, because they deliberately withheld the information. It might even prove possible to bring criminal charges against them for taking a Pecuniary Advantage.

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You contact Swift and ask them to send you a copy of the Actuarial Account Accrual Summary Sheet and ask for it in A3 size as the one they send you you cannot read it's so small. They can send it in A3 as I have one. It will give you all the information you need, but you need an Actuarist to understand how they arrive at some of the figures.

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  • 2 weeks later...
You contact Swift and ask them to send you a copy of the Actuarial Account Accrual Summary Sheet and ask for it in A3 size as the one they send you you cannot read it's so small. They can send it in A3 as I have one. It will give you all the information you need, but you need an Actuarist to understand how they arrive at some of the figures.

 

 

Hi can you tell me what an actuarist is please?

Thanks

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  • 1 month later...

I have received a copy of my Actuarial Accrual account summary from Swift. What kinda thing should i be looking out for on there,btw i currently have a case with the FOS and is now with an adjudicator.Thanks

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check all charges. They charged me for 12 arrears letters when I was never in arrears. 24 letters to my building society to check status of mortgage. The building society never received any. I got a refund to my account of £400 in charges.

 

I also went for PPI to court. I lost because of time limitations. They are sharks but clever ones. Good luck with your FOS action. It it time consuming but one day someone will make the breakthrough needed to bring them to book.

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I have 4 pages of charges to go through totalling around £13000, This is charges plus interest alone added to my account for which i have a case currently with fos and also Oft were informed of the case as they have an interest Swift.

 

Thank you for this information trucker. It is so good to hear when a case is being scrutinised which encourages others to complain and strengthens the case against Swift. Well done!

 

I requested an AAAR sheet as part of my SAR for which I paid a tenner and was told the info did not need to be sent under the rules of the ICO as it was not personal data. Well I shall be getting back to them!

 

I have sent my PPI complaint to the FSCS.

Edited by determindator
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Thank you for this information trucker. It is so good to hear when a case is being scrutinised which encourages others to complain and strengthens the case against Swift. Well done!

 

I requested an AAAR sheet as part of my SAR for which I paid a tenner and was told the info did not need to be sent under the rules of the ICO as it was not personal data. Well I shall be getting back to them!

 

I have sent my PPI complaint to the FSCS.

 

Following my initial SAR they sent me the usual stuff but never sent the AAAS so it has been a few months since they sent the SAR stuff and i sent them an email last Monday and received the AAAS Saturday,allthough they have sent it in A4 format not the A3 as requested which makes it more difficult to read.

As to my PPi claim,that was pretty straight forward as the broker has ceased trading and the claim went via the FSCS which took about 3 months in total.

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I sent for my Accurial Account too. Rang u and they sent it within 3 days. Maybe they're starting to panic!! Also look at your interest whether it's compounded or simple (Look in the column marked simple) The law on this changed in 2008 and only simple interest could be charged. Try & find an accountatnt who will go through it for you with a fine toothcomb.

 

Pam

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trucker I found the FOS to useless with my problems with Swift. The woman told me that while my complaint was being investigated by them, it would be unlikely that Swift would be charging interest on the account. But they have and I knew they would so I now owe even more than before the FOS took on the case. They also sent me an AAAS and the print is so small I cannot read it. Goodluck with your fight but I have given up now they can have my bloody house I am sick of it all and it's made me ill.

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I sent for my Accurial Account too. Rang u and they sent it within 3 days. Maybe they're starting to panic!! Also look at your interest whether it's compounded or simple (Look in the column marked simple) The law on this changed in 2008 and only simple interest could be charged. Try & find an accountatnt who will go through it for you with a fine toothcomb.

 

Pam

Looking at the AAAS under the column stating "Simple Interest" it says 0.00 throughout the whole life term of the loan 04/2005-10/2009 but on thew header page it states

AER 11.75%,

Enhanced daily rate at completion 0.03044136%

Underlying Rate at completion 0.03044136%

Simple Interest Daily rate at completion 0.03057534%

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