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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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Rundll versus HSBC ...FIGHT!


rundll
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Ok so Im all prepared. Letters planned and printed. Charges calculated.

 

Do I send my initial claim (first letter) to my local HSBC - whom I have the account with. Or to the head office in london?

 

Lets get this show on the road... :)

 

Thanks for any replies.

Rund

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Good luck (you wont need it, just patience at what seems like an endless wait)

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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  • 2 weeks later...

Ok kinda slow to get the first letter sent off, but its done now :)

 

First letter sent 07/12/2006.

 

They have 14 days till they hear from me again...

 

Do you think 14 working days or just 14 days?

 

Cheers

Rundll

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Hi there

I do not want to interrupt but I have done it 5 month ago from start to finish. My claim was only £580 and got my money back after the prelim. I might be wrong but I calculated those 14 days as working days only. From my experience banks always say to you - only working days. I am back because since my last claim I was charged again. My financial situation is not good and I keep going over my overdraft. So, to be on the safe side I will count only working days.

Good luck with your claim.

Prelim to HSBC sent on 30th June for £580.

Reply with offer to refund £520.00 on 19th July

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Congratulations on your success!

 

Though if you received your refund after the prelim letter, then you didnt need to send them the LBA 14 days later?

 

Anyway, if they're open 6 days a week as said above, I doubt a few days will make much difference, and then there's postage time also.

 

Who knows. Good luck with your new claim.

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  • 3 weeks later...

hello rundll. goodluck with your claim.. i got all my letters ignored so i went ahead with a court claim.. now i wait.. keep us posted.

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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sure will... jsut filed my mcol yesterday~ a couple of days late, but got reassured by the wonderful people in this forum that it should be alright.. we sure need luck and determination doing this.. keep safe!

[FONT=Comic Sans MS][SIZE=1][COLOR=purple]S.A.R. sent 30 October-reply received 10 november[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]Prelim letter sent 28 november- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]LBA sent 13 december- no reply[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=purple]MCOL filed 30 december- issued 02/01/07[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]loveletter from colin received 02/01/07-saying will get in touch on feb 9[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]acknowledged claim on 4 jan- has until 1 feb to defend.[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]defence entered 31 jan 2007[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]offer received 1-2-2007... still waiting for the moolah though:cool: ...[/COLOR][/SIZE][/FONT] [FONT=Comic Sans MS][SIZE=1][COLOR=#800080]and moolah arrives 1-march 2007!!! Praise the Lord!!!![/COLOR][/SIZE][/FONT]

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you will no doubt receive a letter from colin langdale shortly - this is a new tactic - he assures you he is looking into your case and promises to get back to you by 31 july 2010. just stick to your timetable. 14 days after the lba, file your mcol. it is a good idea to stay one step ahead - so, now you can register on mcol - work your way through the address bit - use the main office found on all your statements, work up to the particulars - there is a template in the library - keep it general and try to get it into the small space allowed. play with it - when it comes to filing you will be ready to answer the last couple of questions, submit and pay and that's all there is to it. just keep referring to the step by step instructions and you won't go far wrong.

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  • 2 weeks later...

I received a letter from Colin langdale on the 5th of Jan 2007. 5 Days after sending my Letter Before Action.

 

It says

 

"Thank you for your letters regarding your request for a refund of bank charges. I apologise for not yet having fully completed my investigation.

 

I will contact you again by the 8th of Feb 2007 and expect to be able to provide you with a full response at that time"

 

Well thanks very much Colin but as my LBA stated, if the matter isnt resolved by the 14th of Jan 2007 I shall be filing my claim. So roll on tommorow :)

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Lateralus, just noticed your based in Hull. Im just outside Beverley...

 

Maybe we could set up a 'get your bank charges refunded' stall outside one the the local HSBC's :)

 

They could always pay me extra to ensure my silence :cool:

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i was just in the lovely beverley today, visiting the minster and saturday market (in saturday market), with my nephew visiting from new york, via london (working in a bank!!!!!!!!) i'm looking for hot tips.

yes, i think the locals would love to see us handing out pamphlets telling people how to reclaim their charges - or maybe not!

filing tomorrow?

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hi rundll

good luck... seems like we're head to head. i filed mcol on friday so probably won't get actioned until tomorrow

keep me posted and i'll do likewise

fingers x'd

netty

If i've been helpful in any way....then tip my scales over there!

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re my cheeky son... there isn't a boarding school in the country that would have him!!! not for all my charges refunded lol!!!

how u doin? i've looked on mcol and my claim has been acknowledged so no doubt in a few days i'll get the paperwork from the court so i can get my copies of schedules to dg and the courts. don't you have permanent access to a pc rundll? you said you wouldn't be able to read your mail until thursday. i haven't moved away from mine since october when i discovered this site lol

let me know how your'e getting on

netty

If i've been helpful in any way....then tip my scales over there!

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Howdy! Yeah mines been acknowledged too :)

 

No I have access to a pc 24/8 but not to my physical mail. Im in student digs and prefer to use my home address for these things as I cant afford to have things go wandering, so my mail is forwarded to me every week or so by my long suffering mother :rolleyes:

 

So hopefully we will get the DG address soon and be able to send off more paperwork :) Am I right in saying were sending breakdown of charges to mcol and dg? As ive already sent them off to mcol.

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yes, we have to send 3 copies of breakdown to mcol and 1 copy to dg with a letter referencing our claim numbers.

 

a few days later we are to phone dg to make sure they have received them - the name of the person dealing with our cases at dg is apparently on page 2 of the acknowledgement papers.

If i've been helpful in any way....then tip my scales over there!

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Acknowledgment received in the post, so now I have the address of DG Solicitors (who represent HSBC). They have my breakdown of charges en route in the post now :)

 

Am I right in saying they have 28 days from the date the claim was issued to file their defence?

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they have 28 days from the date the claim was SERVED in which to file the Defence once an Ack is recd. You should get your offer any day now good luck!

HSBC 1st preliminary letter £3692 10.10.06 LBA sent 24.10.06

HSBC 1st Preliminary Letter £3280 10.10.06 LBA sent 24.10.06

Capital 1 SADR 11.10.006

Halifax Visa SADR 11.10.06

CITI SADR 12.10.06

HSBC Gold card SADR 23.10.06

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hi rundll

it's all systems go now for us - and so encouraging hearing from peeps that our offers will be any day now.... ooooh ooooh getting excited now!! lol

netty

If i've been helpful in any way....then tip my scales over there!

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don't get too excited - mostly the offers are coming in between the defense being issued (at the end of the 28 days) but before the aq is due.

that doesn't mean you can't get an offer at this point - just the way things seem to be moving with dg at the moment.

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