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    • 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...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Paid extra weeks wage by employment agency


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Hi Ladies and Gentlemen,

 

 

Have currently been made full time by my current employer. It has been 3 weeks now.

 

 

I was working for an employment agency ( removed by site team ) worst agency I have ever worked for, never paid the correct wages and took weeks to sort it.

 

 

They have a finger print scanner to clock in and out, my new clock card system sits next to this.

 

 

So, baring in mind I am full time and this agency knew I no longer worked for them, I occasionally just put my finger on the scanner just to confuse them, It was only a couple of times.

 

 

On the 14th of April I got all of my holiday pay as expected.

 

 

Last Friday the 21st of April, I got 40 hours of pay, the agency are saying I clocked in Monday to Friday. However, I was not even in work on good Friday.

 

 

I have put the money they paid to one side, however, how do I stand on paying them back. It is obviously an admin error.

 

 

They have an online payslip checker, and the payslip in question has been deleted, unlucky for them I have a copy on my mobile phone.

 

 

Kind Regards

 

 

Jason

Edited by honeybee13
Agency name removed.
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how do you stand on paying them back when you have been fraudulently clocking in, and already paid for the work?

 

come on. You don't need anyone to answer that for you. I'm not going to condone your poor morals.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Could be a few things, firstly, the finger scanning "just to confuse them" may have resulted in you being paid for work you had not done and could be considered fraudulent by the agency, it clearly was not an admin error if you scanned your fingerprint in the way you described.

 

It could also be that you worked a week in hand and this payment is your final wage as an agency employee.

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I'm more concerned about what happens when your new (was going to be permanent) employer realises they have paid you direct, and then they've been charged by the agency too, AND when they check it with the agency the agency shows where you've been 'clocking in' on the agencies system too .....

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Fraud or no fraud, you have to repay them.

 

The money was paid to you by mistake. You have realised the mistake and you have set the money by.

 

Sorry, but you have to hand it back

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did you scan in to make a gain (financial or otherwise) or advantage? If not there is no fraud, just poor decision making. That doesnt alter the fact you have been paid when you shouldnt have been so you should informt eh agency of this and they can request the money back and make the appropriate adjustments to your tax and NI records. Make sure that they send you a corrected pay advice or you will end up paying slightly too much tax and NI over the year.

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did you scan in to make a gain (financial or otherwise) or advantage? If not there is no fraud, just poor decision making.

 

Whether there was 'dishonest intent' is a better line for the OP to take in batting away any suggestion of fraud (though there is nothing to stop them using both themes!)

 

http://www.legislation.gov.uk/ukpga/2006/35/section/2

 

"intent to make a gain" isn't an absolute pre-requisite for the offence of fraud by false representation (although it can be one of the requirements for the offence to be made out, it isn't the only route to it!).

 

Even if the OP didn't make a gain / intend to make a gain for themselves or another [s2(1)(b)(i)] , it could still be fraud if they intended to make another make a loss, or even just intent to 'expose another to the risk of loss' [s2(1)(b)(ii)]

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"intent".

The company appears to have failed to even use the scan data correctly so conversely you could argue they are improperly processing someone's personal data. (no I wouldnt go there but just realistic as a prospect as the OP getting done)

let us stick to the overpayment error and making sure it is repaid and the tax records adjusted accordingly

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Hi ladies and Gentlemen,

 

 

I think some people did not read the original post properly...

 

 

 

 

However, I got paid another weeks wage TODAY... NOT even touched the scanner last week...

 

 

how do I stand?

 

 

Kind regards.

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p.s

 

 

I went into the office of [edited] recruitment and signed a P45 form. This form informed the company I no longer worked for them, and I would be deleted off their payroll system..... SOOOOOOOOOO NO fraud here folks.

Edited by honeybee13
Name of agency removed.
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Hi ladies and Gentlemen,

 

 

I think some people did not read the original post properly...

 

 

 

 

However, I got paid another weeks wage TODAY... NOT even touched the scanner last week...

 

 

how do I stand?

 

 

Kind regards.

 

Hello again.

 

Who paid you the week's wage please, the agency or your new employer?

 

HB

Illegitimi non carborundum

 

 

 

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p.s

 

 

I went into the office of [edited] recruitment and signed a P45 form. This form informed the company I no longer worked for them, and I would be deleted off their payroll system..... SOOOOOOOOOO NO fraud here folks.

 

I thought a previous employer (like the recruitment agency) provides the employee with a P45 to give to a new employer.

The P45 is signed / stamped by the previous employer.

 

Why did you sign a P45 and give it to your previous employer when you were leaving them .... it goes to the new employer....

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It's their mistake.

If you don't get a payslip from the agency and don't look at your bank statement, then how would you know that they overpaid you?

Fraud is a big word in this case: op has not done anything to intentionally make a gain.

He simply touched the fingerprinting machine as he was used to.

Then this week they paid him again despite no fingerprint records.

Keep the money to one side just in case, but you haven't defrauded anyone.

In my experience, these agencies have a very messy standard of keeping records and most ti.es they underpay workers.

I wouldn't be surprised if their balance books are still up and they never find out.

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However, I got paid another weeks wage TODAY... NOT even touched the scanner last week...

 

 

how do I stand?

 

 

Kind regards.

 

 

Still overpaid and owing them money. Are you hoping to be told you can just keep it? Come on.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Hi Honybee13,

 

 

The Agency have paid me another weeks wage, I have informed my supervisors accordingly in case they are trying to defraud my new employers.

 

 

Like I have mentioned above, the agency involved are horrendous payers.

 

 

The agency have a system of signing some P45 HOLIDAY FORM. EH!!!! Which was a form stating you no longer work for the agency, and they will pay all holiday money owed and you are deleted from their payroll system.

 

 

Kind regards

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Hi BazzaS

 

 

I did not sign a P45, this agency have a system of signing a P45 FORM... Ridiculous I know, there is a couple of European workers that have been set on full time and still not been paid their holiday entitlement. The agency is a rip off...

 

 

Kind regards

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