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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.              
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    • 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.

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      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.

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      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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Omg!!! It's In My Account **i Won**


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I've received a letter fromLTSB today which I think is in response to my prelim letter (I have already sent my LBA last week as I hadn't had a reply by the time the 14 days was up).

 

It looks like the usual bumph from Musarat Siddique, Assistant Manager, however there is a paragraph which states:

 

"You've mentioned the new guidelines from the Office of Fair Trading on credit card default charges. We don't agree with the OFT's thinking on this and we're still talking it through with them. But the important point is that the guidelines only concern 'default' charges. The fees we charge for going over an overdraft limit and for returned payments are not any kind of default penalty. They are fixed standard pricdes for the service we provide in these situations. So according to our legal experts, the OFT's guidelines on credit card default charges do not in any way apply."

 

It goes onto say that this is the bank's final response, yada, yada, yada...

 

Is the above paragraph a standard response and are the highlighted sections right? The charges I am trying to reclaim are for my current account, NOT a credit card???

 

I'm confused!

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It's now 14 days since I sent the LBA and now I need to sumbit my claim via Moneyclaim. Do I have to do this straightaway or can I wait? The reason I ask is that my husband hasn't been paid his overtime this month and I really can't afford the £120 fee needed (claim is for approx £4.5k). He gets paid again at the beginning of October and I can do it then but will I jeopardise my chances of claiming my money back if I wait this long?

 

Thanks

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no you can wait as long as you want - afterall this is your timeline! - anyway it just shows the judge that you were giving the defendant longer to reconsider!

Not sure if you know that if you have working tax and child tax credit you are exempt from court fees (none of my business of course just that i didnt know either until someone told me) - of course you may not even get tax credits for all i know lol! Sorry for seeming nosy - just trying to help!

Sharon

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The fee you will have to pay to the court will depend on the amount you are claiming, including interest. You will have to pay a court fee unless:

  • you or your partner receive Income Support;
  • you or your partner receive Pension Credit guarantee credit;
  • you receive Income-based Job Seeker’s Allowance;
  • your gross annual income is £15,050 or less, and you receive Working Tax Credit with a ‘disability element’ or ‘severe disability element’;
  • your gross annual income is £15,050 or less and you and your partner receive Working Tax Credit and Child Tax Credit between you;

If you show that the payment of a court fee would involve undue hardship to you, the Court Manager may reduce the fee or “remit” (say you do not have to pay) the fee.

For further information, or to apply for fee exemption or remission, ask the court staff for a copy of the combined booklet and form
EX160A - Court Fees - do I have to pay them?
This is also available from any county court office, or from our website
www.hmcourts-service.gov.uk
. You will have to make a separate application for each fee that is payable.

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  • 4 weeks later...

Hello all, it's been a busy months so I haven't been on for a while.

 

Anyway, I finally submitted my claim via Moneyclaim website this morning, it feels GOOD! I should have submitted it 4 weeks ago when they failed to respond to my LBA at all, never mind within 14 days, but being skint last month meant I had to wait until today.

 

So I guess I just sit and wait now and twiddle my thumbs!

 

I'm off to update myself on who else has gotten money back from LTSB as well as Saj, what an inspiration!

 

K x

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Hi, sorry I forgot to ask now that I have submitted my claim do I need to send another copy of my Schedule of Charges to Lloyds TSB and a copy of the spreadsheet calculating the 8% interest I am claiming and do I need to send a copy of this to the court as well once I receive notification as to which court it's going too???

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Well it's started, I received our Notice of Issue this morning and it says that the claim will be deemed to be served as of 15 October. I suppose I just have to sit and twiddle my thumbs now and wait for them to file their standard defence.

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I finally feel as though something is happening since I received this this morning.

 

I know I now need to wait and see if they file their standard defence and wait for an Allocation Questionnaire etc but can someone tell me exactly what the AQ is and under what circumstances it needs to be completed. I've read up on this subject until I'm blue in the face but this is the one thing I can't quite understand.

 

Thanks x

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Hi Katel

 

The A/Q is used by the court to determine which track your claim will be allocated to, ie the small claims of fast track. This is generally determined by the size of the claim, so for less than £5000 its the small claims. The form itself is very easy to fill in, a template of which is in the library.

 

When you file your claim the defendant (lloyds) has 14 days in which to acknoweledge the claim and then a further 14 days in which to submit a defence. Once a defence has been submitted (usually at the last minute) then you will be sent the A/Q form together with a copy of their defence. At this stage you claim is also moved to your local court. Then just fill it in and return to the court by the deadline. A hearing date will then be set

 

skb

Victory over Lloyds £890

Click!

Victory over Vodafone: default removal

click!

Victory over Lloyds PPI claim £2606 click!

Barclaycard lazygoing - £580 + £398 contractual int at 17.7 % click! (Received partial payment £110 21/11/06)

The GF's battle against RBS click! stayed awaiting the end of the world

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Thank you. I didn't realise it was as straightforward as that. The claim is for more than £1500 so I guess that will be another £100 to pay out, unless Itry and do as otheres seem to have and call their solicitors to see if they are willing to settle before the AQ needs to be returned...:p

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Well the claiwas served on 10 October and I've received a copy of the Acknowledgement of Service this morning saying that they're defending the whole thing. Time to sit and twiddle my thumbs for the next 28 days until they submit their defence. Is there anything I should be doing in the meantime???

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  • 4 weeks later...

Can anyone help with this please. My claim against Lloyds was served on 10 October via Moneyclaim and it said that it would be deemed as being served five days from that date (15 October). However, LTSB acknowledged the claim on 12 October. I know they have 28 days from the date of the claim to submit their defence but in this case would it be 28 days from the date they acknowledged the claim (which would have been today) or 28 days from the date Moneyclaim originally said it would be deemed as served, 15 october, in which case 28 days would be on Sunday?

 

If the 28 days is up on Sunday does this mean that they will have to file their defence by tomorrow night?

 

Help!! :razz:

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Well, true to form LTSB have waited right until the last minute and submitted their defence, disputing the full amount claimed.

 

I presume I just sit tight now and wait for the case to be allocated to a local Court and for them to send me the allocation questionnaire.

 

I know some people have contacted Sechiari, Clarke and Mitchell once they have received the AQ and they have agreed to settle at this point? Is it worth me trying this and can anyone point me in the direction of any other posts whereby the poster has done this?

 

Thanks and hope everyone else's claims are going well.

 

K

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Hi K,

 

A good time to contact them is when you receive a copy of their AQ. They will inevitabily have requested a months stay to 'negotiate a settlement'. You can them contact them and say - 'well go on then.... settle!' I wrote a letter for this purpose which is posted on a few threads, including here - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/26845-midge61-lloyds-3.html#post355771. Use it if you like, or something simular, and send a copy to the court as well.

Please remember to DONATE! Help CAG keep up the fight!

 

 

Any advice or opinion is offered informally & without liability. Use your own judgment and if in doubt seek advice of a qualified and insured professional.

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I've received a copy of their defence today along with the allocation questionnaire.

 

Amongst all the usual blurb is the folowing paragraphs:

 

2. The particulars of Claim do not comply with the Civil Procedure Rules as (amongst other things) they do not fully identify the account in question that appears to form the subject matter of these proceedings or indeed show how the sum of £XXXX is arrived at and the Particulars of Claim are too vague.

3. The claimant should therefore be ordered to file and serve an amended claim to set out the basis in law and fact for their claim as there is no real pleased basis for the claim itself. The claimant should give full particulars of the bank account and the charges they are seeking to recover, identifying each charge, the date and amount of the charge and why the claimant in each case they allege it is a disproportionate penalty and thus unlawful.

4. The defendant should then be given the opportunity to defend the proceedings further.

 

I don't understand this? I send a full schedule of charges with both my preliminary and LBA and also an additional two copies to Moneyclaim. Are they just playing silly buggers and what should I do?

 

The AQ has to be returned by 2 December, is it worth ringing Sechiari Clark & Mitchell prior to this to see if they are willing to settle? I'm pretty sure others have done this but I can't remember which threads they were on.

 

Thanks :?

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