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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...
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    • 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
        • Like

MacKenzie Hall just -tried- to ring. Preparation for the next phase.


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Was stupid and took out a Wonga loan to get through a dodgy month about 18 months ago; according to my credit file the original balance was £205. It defaulted at £450~. Wonga passed this on to Moorcroft whom sent a few letters, tried to ring, gave up and went quiet. (This was around 9 months ago)

 

Well, I've just had a missed call (or did at 0812) from a number that is registered as MacKenzie Hall. They've tried to leave a message but I know it's going to be a computer voice telling me to ring them, so I haven't even bothered listening to it yet. I'm fairly sure this is going to be about the above account though.

 

I've done a little research and can see these are unscrupulous turds. There's a thread in this very sub-forum for around 2 weeks ago where someone has uploaded their threat-o-gram, and I'm trying to get a feel for how MH work. I'm just musing at the moment but:

 

  1. Threatening to issue new defaults (and actually doing so)
    I wouldn't mind them doing this; as I'm not trying to gain any credit - and were they to try this I would fight to have it removed and would demand financial redress. Would also make a nice complaint to the OFT/ICO.
  2. Adding a whole lot of interest
    This is a bit of an issue; I don't mind paying what I originally borrowed (£200) - but I refuse to pay for any of their trumped up charges or fees.
  3. Using "Meritforce" (?) as a doorstep collector
    I know they have no powers, but living in a block of flats it not only has the potential to be embarassing - I also don't live alone, and refuse to allow them to subject anyone else to their idiocy.
  4. Harassing phonecalls
    Meh. At one point I was getting around 15+ phonecalls a day from 3 or 4 companies, this isn't anything I'm unable to ignore!

 

Considering this, after they make first contact proper, I assume it may be a good idea to inform them that:

  • All correspondence should be kept in writing (be it electronic or hard)
  • there is no convenient time for a doorstep collection, any attempt to send someone will be taken as a form of harassment and the police will be called

 

Now this very debt is my last one, and it's one I would love to see cleared off - even though it's been defaulted already and it's from a PDL; it would mean quite a lot to see the £0 on my credit file. However, I object to paying off their interest fees and other charges - I honestly do not mind paying off what I actually owed. (Even though it does leave a bad taste in my mouth knowing that even if I paid off what I owe that will be primarily be profit for these crooks - but if that's the price I pay for a £0 and some satisfaction then be it.) Is there anyway I can pre-empt their exuberant fees, bearing in mind this account has indeed defaulted 18 months previously?

 

Lastly, I'm also aware that they have a nasty penchant for refusing payment plans - I remember from previous dealings with another DCA (Cougar.) that simply quoting the OFT guidelines for the collection of debts, there was a good bit in there about accepting payments, and it got them to shut up. I'd be looking at £60-£75 p/month, which I think is actually a very good offer. Knowing they don't like to be told how much they can have though, am I right in saying that only a court can order a breakdown of incomings/outgoings? (Sneakily, when I paid Robinson Way £150 and told them they would have £75 the next month - for an account totaling £225, they asked me to complete paperwork to "ensure you are able to afford these payments".. ignored obviously.)

Now forgive the brain dump here; I'm just planning where to go next. Have I missed anything, or is there anything I should know about the pondlife who will be harassing me over the coming weeks? :madgrin:

Currently arguing with:

  • Vanquis (Fee's reclaim)
  • Capital One (Fee's reclaim)
  • JCP Training Provider: (Reported to the DWP and MPs)
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Regarding I&e forms, simply give them a simplified budget summary and not a fully comprehensive form. They have to accept it then.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Regarding I&e forms, simply give them a simplified budget summary and not a fully comprehensive form. They have to accept it then.

 

Do I have to provide them with anything though? If I make an offer to pay, and I think even a court would agree that if I pay £60+ a month it's a fair amount for a debt that is relatively small amount* at £400~, then surely they can't say "No, we wont accept that money until you give us an insight in to your personal finances."?

 

Essentially I'd be offering them payment that I can afford comfortably, will shift the debt off in a reasonable timeframe without any undue stress on my part. Whereas I fear I could give them more information and they could really push to cause me hassle, I guess in reality I just don't want to give them anything I don't have too - not just money, but information about myself.

 

*I say for a relatively small amount, but I'm still concerned that they're going to add lots of fees and interest on from what I've read about these guys. In fact, the more I've read the more I'm considering fighting them and seeing just what they have - they do seem like one of the ****miest DCA's around.

Currently arguing with:

  • Vanquis (Fee's reclaim)
  • Capital One (Fee's reclaim)
  • JCP Training Provider: (Reported to the DWP and MPs)
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You dont have to if you dont want to, but it goes a long way to showing your circumstances and willingness to pay what you can afford.

 

Watch out with mucky hall. They are well known for their tricks and ignorance of guidance and regulation. So much so, that their local trading standards has an officer that specifically deals with them.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Do I have to provide them with anything though? If I make an offer to pay, and I think even a court would agree that if I pay £60+ a month it's a fair amount for a debt that is relatively small amount* at £400~, then surely they can't say "No, we wont accept that money until you give us an insight in to your personal finances."?

 

They have to accept the money you pay them towards the debt regardless if they agreed to the payment plan you suggested.

 

However, first you need to get them to give you a detailed breakdown of what you allegedly owe in writing, then you have to challenge each and every penny above what is actually owed and make it perfectly clear to them that they will not get a penny until the amount actually owed is confirmed in writing.

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