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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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  • 1 month later...

After sending two letters, three e-mails and four telephone calls explaining my reasons for my actions regarding charges on my account,recieved a computer generated letter today concerned at my lack of communication with them and demanding I put my account in order!!!!!!!

Good grief!!

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Recieved a letter of Smile today saying sorry they haven't been able to respond to my letter of 16th feb.

Says they are reviewing their charging policies and as soon as the executive body makes it's decision they will send me a full response.

They are sorry for the delay and hope to be in touch shortly,and if there is any delay they will be sure to let me know.

 

To top it all,also recieved a letter of Co-op saying if I didn't pay my outstanding arrears within ten days they will send a formal demand!!!!

 

What a load of tosh,same bank yet one side doesn't know what the other is doing.

 

Question is I sent them a letter on the 16th march saying I would be going to court if I didn't recieve payment of my charges within fourteen days,this makes me want to say stuff the fourteen days and do it now!!

 

Would this be allowable??

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Hi,

 

I've also sent a letter to smile asking for my hard-earned cash back. In the meantime, I've had an e-mail to my account about their latest 'tariffs'. Maybe this is what they're referring to?

 

Bri

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Had a snotty phone call from the smile/co-op today saying I had to pay money into my account to bring it within the limit,quoted the terms and conditions to me saying I had to pay at least £1000 into my account etc,etc.

I explained to her I wouldn't be paying any money into the account until the charges issue was sorted,she said she expects money to be paid into the account by the end of the week.

The mail this morning included a threatning letter describing court orders,baliffs and the like,

I've noticed the charges have been frozen on my account since I started writing my letters but should I pay money into the account to cover the overlimit or ignore them and go straight for the small claims court on Thursday which is when the 14 days is up?

I've noticed everything is from the co-op regarding court,debt etc,all I get from Smile is a 'sorry you have a complaint' letter.

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You are £1000 over-limit. What do you calculate your charges to be? If they are £1000 or more then you are entitled to withold them. However, banks being banks - and the Coop seems to be a it better than the others, they may decide to default you and this has serious repercussions and is difficult to deal with.

What are the figures?

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The figures are this

My account has a £500 overdraft facility on it and I am now £337 over that,all due to charges stemming from them paying a £72 visa payment which put me £32 over the limit,with £5 service charge,unpaid standing orders etc,it's now got to this stage.

They are saying a condition of the account is I must pay £1000 into the account every month which I haven't done since these charges started.

Reason being at the time if I paid £1000 into the account by the time they took the charges off I would have been left with nothing to live on for the rest of the month.Tried explaining this to them and they just point blank refused to help.

I now have the money to pay off the charges but that seems to me to be admitting my guilt in this affair so am loathe to do it,but must admit these letters are worrying.,

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Don't worry about guilt. I would suggest that you clear the account but under protest as you consider their charges are unlawful and warn them that you will be claiming them back

the start claiming.

No sense in getting your self into a default situation when you have the money to avoid it.

 

start sending your letters. They will be getting used to it by now and they know what is coming. Just send the LBA and then the claim. Don't worry about the prelim

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Well,the 14 days notice are up,not a word from them,so court papers tommorow,bit nerve wracking but the way they've threatened and twisted what I've said makes me want to go ahead.

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Recieved refund of £270 for Commision charges,excess charge and service charge today,they have said Debit interest is not a charge so is not included,but seeing as that £270 0f charges were calculated into that debit interest surely I'm entitled to some of that back?

A big thanks to everyone who helped me out on this,didn't even have to go to the small claims court.

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Congratulations in getting your refund! Just wondering, at what point in your quest did you actually get the money back?

 

I have sent the standard preliminary letter, then got the general reply saying the bank charges were as I agreed to in the t's and c's, perfectly legal, blah blah blah.

 

I then sent the 'letter before action' 14 days ago, and have received a secure messsage back saying they will get back to me in 7 days (which has just expired today). So it is time for me to start the court action tomorrow.....

 

I notice from your other thread you posted saying on 31st March you were going for the court papers. And on 7th April you had the money in the bag. Did you get as far as the court action? When did they cave in and pay up?

 

Thanks

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Well done to you.

 

Strictly speaking, you could try and reclaim the part of the interest that accrued from the charges, yes. Good luck with working that part out if that's what you want to do.

 

If you feel we have helped, a contribution to the book fund would be a very nice to say thank you and help others! rainbow.gif

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Congratulations in getting your refund! Just wondering, at what point in your quest did you actually get the money back?

 

I have sent the standard preliminary letter, then got the general reply saying the bank charges were as I agreed to in the t's and c's, perfectly legal, blah blah blah.

 

I then sent the 'letter before action' 14 days ago, and have received a secure messsage back saying they will get back to me in 7 days (which has just expired today). So it is time for me to start the court action tomorrow.....

 

I notice from your other thread you posted saying on 31st March you were going for the court papers. And on 7th April you had the money in the bag. Did you get as far as the court action? When did they cave in and pay up?

 

Thanks

 

Was on the verge of doing the court proceedings,was filled out on line,just proof reading it,then next day letter from smile refunding charges,so basically sent the first letter asking for money back,sent second letter threatning court,then finally they coughed up,all in all from start to finish about 7 weeks.

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Well done to you.

 

Strictly speaking, you could try and reclaim the part of the interest that accrued from the charges, yes. Good luck with working that part out if that's what you want to do.

 

If you feel we have helped, a contribution to the book fund would be a very nice to say thank you and help others! rainbow.gif

Least I can do,wouldn't have got nowhere without the help from this site

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  • 4 weeks later...

Forum clean up - your claim threads have been merged. Please try to keep all posts about your claim to a single thread only. Thanks :)

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 12 years later...

This topic was closed on 03/05/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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