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    • Should this to be take into court with him or should he send something in earlier?
    • 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.              
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • 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 
        • 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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I'm So Scared!!!***WON***


amelia
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hi there,

I am going to put my SARS letter in the post tomorrow however I'm so scared, did anyone else feel the same way and what if I have to go to court I dont think I would be able to pull it off because I have never been to court never mind fight a case:oops:

 

I have read quite alot of your posts so thats making me feel a little bit better!!! hope you guys will keep me right when things get harder though cos not usually very good under pressure lol:)

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Guest NATTIE

amelia- don;t be scared but be happy that you are here and that you are on a winning site. Please read the FAQ's and then follow the guide. You'll be fine. Welcome to the CAG and Good Luck

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Thankyou so much!!!

I have been on the site for a week looking at the posts and reading FAQs however there are still a few things that I will probs need help like the interest and so on but thats a while off yet so I will keep reading up and by then I will hopefully be much more clued up!!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Guest NATTIE

And then you will win. Be positive and ask any questions you like and people on here will help you win and keep your spirits up when you may be tearing your hair out.

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I felt the same as you esp when I got to the court submission stage, but I would bouyed along with a settlement in full without that hassle from another bank, it gave me the push I needed. I have 3 days left until my bank have to respond to my claim (getting scared again) but there are people on here that can hold your hand each step of the way

Allyxia

KEEP FIGHTING FOR YOUR MONEY - EVEN WHEN IT GETS TOUGH

The Banks are somewhere which lends you an umberella when it is sunny, and takes it away when it rains

 

HSBC £1200 - Settled in Full

Cap 1 2 X £100 - Settled in Full

Nationwide £1641 - Settled in Full inc Default and CCJ Removed by Court Order

NatWest £2215.60- Settled in Full and Removed Default Natice

Woolwich £3690 - Settled in Full

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you are right terri and I have sent my SARS letter special delivery to edinburgh today so we will see how it goes!!;) I will follow your thread as well because we will probs be at same point all the way!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Hello Amelia, you really have nothing to worry about. I too was scared of taking the first step but then after reading all the FAQs it dawned on me that at the very worst I would lose my court fee. I thought maybe I would have to go to court, end up with a huge claim for legal fees etc. - all completely wrong of course.

 

Instead I ended up spending perhaps 10-15 hours on my Natwest claim, which was succesful in the end. The letter writing does take some time but then on the other hand you have got plenty of time to do it. It's not like you have to defend yourself in court with a big bad judge looking down on you - instead you can reply to letters in your own time and I found the whole process fairly easy. It just takes a bit of determination!

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Thankyou polar for making me feel a load better:) I think I am nervous but excited at the same time if that makes any sense!!! I will just have to stay calm and relaxed and if anything I dont understand pops through my door I will just have to come on here and rant and rave on to you guys if thats ok:p

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Not happy:mad: sent SARS letter on monday and received a letter from Natwest this morning telling me They are happy to send my complete list of statements however I must include a fee for £5.00 however in my SARS letter I authorised natwest to deduct the maximum fee of £10.00 from my account!! I have read posts where ppl have just authorised natwest to take the money straight from their accs, do yous think that they are messing around or should they of just taken the money if I had authorised them to do so?

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Who's the letter from?

 

I did exactly the same as you and they deducted £5 from my account without question.

 

I'd give Alex Lyons or Joyce Tudor a call:

 

0131 626 1152

 

I found them both quite pleasant and reasonable to deal with.

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It was Joyce tudor who the sent the letter, so I was going to phone her however i just sent another letter regarding what the cheque was for and I sent it recorded delivery so hopefully she should of received it this morning, so now its just the waiting game however if my statements come as quick as natwests request for my £5.00 cheque I will be impressed!!! Right going to check on the royalmail website to see if my letter has been signed for!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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  • 2 weeks later...

Received statements to day so going to do the long hard task of working out how much they owe me and trying to break the charges down so I dont include the advantage gold service charge. wish me luck!! :confused:

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Ah yes.

 

I had that problem with my friend's claim, I had to redo it about 3 times, so be extra careful with that.

 

Do you still have that Advantage Gold? Because there's an easy way to save yourself £12 a month for starters... Or are you THE only person who actually benefits from it? :rolleyes:

 

One letter, one stamp, £12 a month saved. Now THAT's value for money. ;-)

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cancelled it bookworm last month however I have had it from 2004 and never benefited from it once, must of been mad to agree to it in the first place!!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Fantastic Ken!! Good On You Really Pleased 4 U!! Hope Its Not That Long Away For Me To Be Celebrating.

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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Right Guys Need Some Help!! On The Advanced Excel Spread Sheet I Have Looked Over And Over At The Notes But Still Not Sure What To Put In Colom J Its Driving Me Mad!! Do I Put What My Acc Balance Is Cos Dont Understand What It Means For Facility. Can Somebody Please Help! Cheers....

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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am sick of this already man I cant do it!! right I have done my spreadsheet and the total charges are £2259.00 however the interest only comes to £26.81. can I not use the balance on my acc when I went over my overdraft cos when the interest was took from my acc i wasnt over it. I have been charged every month a interest fee however if I am not over my o/d limit the time the interest is taken thespread sheet doesnt let me claim it back!! please somebody help me cos need to get this spreedsheet sent with my letter to bank!!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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hi ken I am trying to claim back my overdraft interest not the 8% you claim if you have to file a case at court, think other ppl have been claiming it I will have to have another look around this site. nobody said it was gonna be easy but I am stressed already lol

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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please please somebody help sort this spreadsheet business out cos am absolutly stuck cant work out if am doing these spreadsheet right. charges i have are 2259 and the interest comes to 74.67 so dont know if this is right or wrong am so confused and i have read through all the post about interest calculations and still no further forward cheers ppl!!

SARS letter sent 02/10/06

Statements received 14/10/06

LBA letter sent 05/01/07

reply received 13/01/07

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  • 2 weeks later...
please please somebody help sort this spreadsheet business out cos am absolutly stuck cant work out if am doing these spreadsheet right. charges i have are 2259 and the interest comes to 74.67 so dont know if this is right or wrong am so confused and i have read through all the post about interest calculations and still no further forward cheers ppl!!

 

Hi, Amelia

 

don't know if you're using Vampiress' spreadsheets but they're really great.

 

The formula in the interest column should read like this:

=SUM(B20*(1+$B$7)^(($B$6-C20)/365))-B20

 

This is from line 20. B20 is the amount of the charge; C20 is the date - be sure you've entered day, month and year. B$7 refers to cell B7, where you enter the interest rate. B$6 refers to cell B6, which is your claim date - today, for example: make sure it isn't set to July or something.

each subsequent line will - or should - change, and will do so automatically (sometimes after a few entries) in Excel. so line the next line should read

 

=SUM(B21*(1+$B$7)^(($B$6-C21)/365))-B21 and the one after

=SUM(B22*(1+$B$7)^(($B$6-C22)/365))-B22 and so on. If you're having a problem, try copying the formula and paste it into the interest column (D?) cell at line 20, see if it makes a difference. then just copy and paste all the way down the page.

let me know if you're OK.

Good luck! BTW - i know how you feel: I'm just about to send off my request for payment letter and it's for over £8700! Deep breath!

Westy

 

 

 

If you like my post, click the scales!!

 

Nov 1 2006 Preliminary letter

21 Feb 2007 - cheque arrived for charges+DEBIT interest +Statutory Interest! Hurray!

Read all about it: natwesttookmymoney - v- NatWest

DONATE AS MUCH AS YOU CAN TO KEEP THE SITE GOING.

 

What can you claim? Vampiress has a good idea:

http://www.consumeractiongroup.co.uk/forum/general/69877-what-can-you-claim.html

Anything I say is just a suggestion. I'm a bigmouth, not a lawyer!

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