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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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      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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Halifax trying it on!


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Just received a letter from Halifax, 30 days after my SAR. In the template letter I used, I inserted the account numbers of my three accounts at the top. They have claimed they are unable to track one account.

 

Dear Mr xxxxxxxx,

 

Request for a list of transactions and charges

 

Account number xxxxxxxx

 

Thank you for your letter requesting specific information on your account with us. Unfortunately, we cannot process your request because we require more information on the account in question. If you would please provide more information such as:

 

Roll Number

Sort Code

Type of account

Active or Closed(if closed please supply a close date)

 

Upon receipt of this information, acopy of the documentation you are entitled to receive will be sent to you as soon as possible and certainly within the 40 days allowed by the Data Protection Act.

 

May I take this opportunity to remind you that you can request your last 12 months statements through your branch free of charge.

 

Yours faithfully

 

L Bunker

Data Protection Consultant

Business Risk - Retail.

 

 

Should I write back informing them that they will still be in breach of the DPA and the time limit still applies?

 

Many Thanks

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From personal experience, I know that Halifax can find other accounts in your name from just one account number. I have an active account with Halifax and 2 previous accounts that are now closed. I went to my branch on Monday with my bank card, went to the counter and asked for the details of my other accounts. The man swiped my card and within a couple of minutes he handed me a piece of paper with the account numbers, sort codes, roll numbers and closing dates of both those accounts.

 

If they can do this in branch without any bother, then they can certainly do so up in their comfortable offices. Therefore my opinion is to pop into your branch, get them to give you the details and then phone this guy up and advise him to pull his thumb out of his bum and do his job properly.

 

I know you shouldn't have to do this, but it removes the delay from their end without excuses.

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Surely by them claiming they need more information from me to locate an account, they are in breach of the DPA.

 

Should I not let the ICO be the judge of this issue?

 

Do you actually need to supply them with sort codes, roll numbers account numbers and whether the account is active or closed for the DPA request to be valid?

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I suppose it all depends on the amount of information you have given them at the time of your request. Did you just give them the account number without a sort code?

 

It is concievable that you may have mistyped your a/c no on your letter and the guy dealing with your case is unwilling (for delaying purposes) to use his initiative to locate the correct number.

 

I don't think they can be in breach of the Act if they genuinely do not have enough information to process your request (as they imply in their letter to you).

 

I still think the best way forward is to collate the account number, sort code and roll number youself and then telephone the number given on Monday morning, reminding them that they only have a week or so left to comply.

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Thank you for your reply.

 

It is true that I only stated the account numbers.

 

I did not mis-type the account numbers as I have copies of all letters sent.

 

I would have thought my name and address would have been enough information for them to comply with my DPA request. I wouldn't have thought that I needed to supply with account numbers.

 

If I send this information again by recorded delivery, I hope they do not think that the 40 days starts again.

 

Thanks

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Yeah, it is always better to include as much information as possible in order to close out as many excuses on their part as you can. If you are writing to them and are worried about them construing that as a reason to start the 40 days over, add a paragraph reminding them of the initial date of contact (your first letter) and include the date you believe the 40 days is up and that you expect their complete co-operation by this date.

 

Be mindful of the fact that most employees these days (be it in a bank or supermarket or whatever) are unlikely to be paid enough to think for themselves, especially when it comes to dealing with 'uncomfortable' situations.

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I have just wrote a letter back to them. Do you think it's a bit extreme?

 

Dear Sirs/Madam

 

I am in receipt of your letter dated 16th February 2007 by L. Bunker which was delivered to me on 24th February.

 

Mr L. Bunker confirmed in his letter that he was unable to locate one of my accounts due to a lack of information in spite of the fact he successfully located the other two accounts.

 

I feel that it is unreasonable for a Data Protection Consultant to require additional information about an account that I have had for many years when I have already provided the account number, my name and my address.

 

It would have been reasonable to assume that the sort code would have been the same for the account in question, as my other two accounts. You are aware that my sort code is xxxxxx for two of my accounts thus deeming it reasonable to assume it to be the same for the account you need more information on. By ringing 08457 20 30 40, any operator is able to view any of my accounts by giving the sort code and the account number, the roll number is not required.

 

I will of course however, supply you with the information required, but please take note that I will not treat your request as being reasonable to render my original Data Protection Act request inadequate in content, or to be lacking in information suffice to say that the request could not be complied with.

 

You have until the 5th March 2007 to comply with my request that you received on 24th January 2007.

 

I attach a copy of my online portfolio which lists the information you are unable to find

 

I trust that you find the above acceptable

 

Yours sincerely

 

 

 

 

David xxxxxx

 

????

 

 

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That is acceptable if not a little extraneous. Personally I would adopt a simpler approach....

 

Dear Sir,

 

Thank you for your letter dated *blah*. Please find listed below the information you requested.

 

Please be advised that the timescale of 40 days to provide the information I requested in my previous communication *dated blah* is still applicable.

 

I look forward to hearing from you by the due date.

 

Sincerely,

 

Entering into a dialogue about how they should do their jobs is a waste of your time. IMO.

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