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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
        • Like

Long time with Eurodebt...


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Good morning all,

 

A quick running update this morning.

No correspondence from anyone, at all.

 

Re Eurodebt/Moneysave

Ive referred to ICO stating they haven't provided all the information asked for.

 

A couple of text messages from Cabot saying payment due and payment late.

 

That's it to date....

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  • 2 weeks later...
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Good afternoon,

 

still no reply from Moneysave/Eurodebt,

an email from ICO today saying that in the absence of any communication regarding paperwork from around Nov 2006 onwards the ICO will now write to them querying why they haven't responded.

 

They will also ask them to respond to me and provide me with the information requested or confirm that they have provided all the information to which i am entitled....they have 28 days...

Edited by solomondogs
mis spelling
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good moving fwd

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 1 month later...

Good morning,

 

A new year update..

.Eurodebt/Monaysave wrote on Monday saying they would provide details of F&F as requested during the week commencing 22nd January and also copy in the ICO,

 

I await...

Cabot still automatically phoning twice a day with recorded message which my phone helpfully cuts off half way through...other than that its quiet....

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  • 3 weeks later...

Good morning,

 

I have received some paperwork from Moneysave.

They have included a Moneysave Solutions Debt Management Plan terms of business which clearly isn't the original as when I started this they were called Eurodebt.

 

They added;

 

'I have provided details of the full and final settlement proposal for your Equidebt debt from 4/2/2011, 14/11/2011, 26/01/2012 and 15/5/2012.

 

these letters detail the fees involved and the proposed settlement balances negotiated.

 

These all require your confirmation and cooperation to proceed.

The fees are in line with the 5% quoted in your original Debt management Agreement.'

 

Firstly

I don't have a copy of the original agreement

just a copy of the application forms and no mention of F&F's is made on that.

 

Secondly

on the documents they have given me it quite clearly says

mail received

-F&F proposed by creditor

then immediately underneath;

Full and final accepted

- Creditor acceptance of F&F followed by

the balance,

the saving and

then the invoice which is 5% of the saving.

 

It still hasn't been made clear whether these fees have been paid out of my account,

I have never received nor sent any documents relating to full and final offers.

 

I have never been charged anything other than the agreed monthly sum,

I have never agreed to any F&F's

I'm a bit puzzled as to what is or has gone on?

 

Was the F&F accepted entry in the records just an acknowledgement that the letter had been received?

Edited by dx100uk
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So off to the ICO and complain they are still being obstructive

By not sending:

Org agreement

Org t&c's

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 4 weeks later...

Good morning,

 

A reply from ICO yesterday..

 

'I note from your correspondence that you would like a copy of the original terms and conditions of the account, a copy of the original agreement and an explanation of whether or not the account has been settled.

 

The Data Protection Act 1998 provides individuals with a right to a copy of their own personal data, that is, information that identifies them as an individual. There is no obligation for a complete document or for an organisation to respond to questions.

 

Unfortunately there would be no obligation for Pentagon to provide the specific information you would like in response to your SAR.

 

You may find it beneficial to submit a request under the Consumer Credit Act (‘the CCA’) for a copy of the agreement, we would be unable to assist in this as it would be outside of our remit.'

 

To further update the correspondence from Cabot appears to have stopped along with the daily three or four recorded messages, nothing form anyone else present...

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urm I didn't think a CCA request would be applicable to a DMC

but CCA request it is then.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

just put 77-79 let them work it out! if they can:lol:

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • 6 months later...

Good morning,

 

Its been fairly quiet on the western front of late a couple of letters from Cabot saying to contact, they've been ignored. But a couple of weeks ago I had a letter from Cabot saying that they had asked someone called Resolvecall to 'put me back in contact' with them...which sounded ominous, they were going to send someone round to see me...oh really! thought I..

 

Anyway no one has been which is just as well, but I have now received two letters stating they are now acting for Cabot and offering to assist etc and then this morning two phone calls one to my mobile one to my home phone neither of which were answered...

 

I've looked through the threads here and established that yet again they appear to be trying to ride the gravy train so I'm going to ignore, is this the established response or do I need to take further action to prevent them from turning up on my doorstep?

 

Many thanks..

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Resolve call ( ex Snotcall opps Scotcall) thell them to shut the gate on the way out, no powers just hoping commisiion agent. you know the typre never worked in their life doing real mens work just sat on fat asses!

:mad2::-x:jaw::sad:
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  • 3 months later...

I had a visit from Resolvecall this morning, didn't last long, but the little fella put a 'letter' through my door after I closed it which turned out to be a 'we called today' card which was nice..

 

I'm assuming I'll be getting more of these visits, I'm also assuming a polite 'no thanks' and shut the door is the required procedure?

 

Many thanks..

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