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    • 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.              
    • 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...
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French v. Abbey (3) - Into the breach once more my friends!


srfrench
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the argument for CI comes if they actually use it in their defence, in both Frenchy;s and my claim, both using Sola and CI, they havnt even bothered to defend, my suggestion is do a site search on arguments for Contractual Interest, it may throw up something interesting to reach, I seem to remember a big discussion going on about it about a year ago

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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SOLA Statute of Limitations

 

yes i read the Contractual interest lost thread which is why we need to argue another point other that mutuality and recuprocity now, which is why I post you that thread lol WWYO?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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sorry to gatecrash this thread but i keep asking questions on my thread but am not getting answers.

Have court date of 17th August. AQ was dispensed with. Have download CAG bundle, included correspondense, schedule of charges and bank statements. Should I include witness statement, disclosure by list and case summary? Is there anything else you would suggest?

Can i claim additional interest from date of action to court date?

If I want my husband to represent me in court how do i go about it?

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Hi psm, i havnt seen your thread other wise it would have been answered, yes the other items are fine to all, yes your husband can represent you in court but you do need to be there too, and when you reach settlement you can ask for interest from filing to settlement, for the daily rate just multiply the total by 0.00022% and that is your daily rate.

 

I would recommend the new consumer wikipedia, its great, just log in using your CAG log in and away you go, it i on http://www.consumerwiki.co.uk

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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  • 2 weeks later...

Ok....times up shAbbey......

 

Am now sending with my fee a Cpr Part 18 request to Leeds Merc Court to be made an Order....

 

CLAIM NUMBER: XXXXXXX

In the LEEDS HIGH COURT, QUEENS BENCH DIVISION (MERCANTILE COURT)

 

Between:

 

srfrench

Claimant

 

-And-

 

 

ABBEY NATIONAL PLC

Defendant

_______________________

DRAFT ORDER FOR INFORMATION AND

CLARIFICATION UNDER CPR PART 18

___________________________

 

This Order for information under CPR part 18 is served after allocation to the Multi-Track, Leeds Mercantile Courts from the Harrogate County Courts. (Claim number changed from XXXXXXXX).

1. Please provide copies of the terms and conditions governing the account in question and which are referred to in Paragraph 3, 4 and 5 of the defence. The terms and conditions required are those that formed the contract between the Claimant and Defendant covering the entire period from when contract was first entered into until the present day, including amendments or alterations where appropriate.

 

2. In relation to each and every breach by the Claimant which resulted in a charge being levied as confirmed by the Defendant in its Defence, please provide full details (with all relevant supporting documentation) of any letters, telephone calls, or incidents of manual intervention into the account in respect of each and every charge claimed by the Claimant in the Particulars of Claim.

 

3. If the Defendant employs or operates any system, either automated or manually operated or otherwise, which is used to assess, audit, track or refine the costs or "administrative expenses" of dealing with current accounts incidents - in particular any delinquency incidents, such as refusal or otherwise of direct debits, referral of cheques for any reason, refusing or permitting any formally agreed overdraft limit to be exceeded or any other delinquency event, such a systems existence is required to be confirmed and named and full details given.

 

4. In respect of the Defendants reference to the "administrative expenses" to which the charges are averred to be proportionate, as referred to in paragraph 9 of its defence, please provide full details (with all relevant supporting documentation) of the justifiably objective principles upon which all such costs or expenses are calculated and result in the specific level of each charge levied by the bank in respect of each of the breaches which resulted in the charges now claimed by the Claimant.

 

 

5. The Defendant shall, within 14 days of the Order being issued, provide a full response to each and every point of this Order to the Court and the Claimant.

6. If the Defendant fails to comply with the Order, the Defence will be automatically struck out.

 

 

 

 

Now a little wait methinks. :p

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Oh.....and just for the hell of it...... decided to submit my CMI sheet at the same time.... :rolleyes::D

 

Case Management Information Sheet

 

Case No: XXXXXXXX

srfrench - v – Abbey National PLC

Party filing: Me [The Claimant]

Solicitors: Claimant in person

Advocate(s) for trial: ––

Date:28th July 2007

 

 

Substance of case

1. The Claimant seeks repayment of unfair and unlawful bank charges and interest and challenges the lawfulness of the level of levied charges.

Parties

2. Are all parties still effective? - Yes.

3. Do you intend to add any further party? - No.

 

Statements of case

4. Do you intend to amend your statement of case? - No.

5. Do you require any “further information” - see CPR 18? -Yes. The Claimant seeks the Court to order the defendant to provide a full breakdown of the actual cost incurred by the defendant in respect of each of the said bank charges.

 

Disclosure

6. By what date can you give standard disclosure? - Within 7 days of being requested by the Court.

7. Do you contend that to search for any type of document falling within CPR 31.6(b) would be unreasonable within CPR 31.7(2)? - No.

8. Is any specific disclosure required - CPR 31.12? - Yes. Disclosure of documents by the defendant showing the defendant’s costs incurred and its profit on bank charges relative to the claim.

9. Is a full disclosure order appropriate? - Yes.

10. By what dates could you give:

(i) any specific disclosure referred to at 8? - Within 7 days of the Court’s directions.

(ii) Full disclosure? - Within 7 days of the Court’s directions.

 

Admissions

11. Can you make any additional admissions? - No.

Preliminary issues

 

12. Are any issues suitable for trial as preliminary issues? - No.

 

Witnesses of fact

13. On how many witnesses of fact do you intend to rely at the trial (subject to the court’s direction)? - One.

14. Please name them, or explain why you do not. - The Claimant.

15. Which of them will be called to give oral evidence? - The Claimant.

16. When can you serve their witness statements? - Within 7 days of the Court’s directions.

17. Will any require an interpreter? - No.

Expert evidence

18. Are there issues requiring expert evidence? - No.

19. If yes, what issues? - N/A.

20. Might a single joint expert be suitable on any issues (see CPR 35.7)? – N/A.

21. What experts do you intend (subject to the court’s direction) to call? Please give the number, their names and expertise. - N/A.

22. By what date can you serve signed expert reports? - N/A.

23. Should there be meetings of experts of like disciplines, of all disciplines? By when? - N/A.

24. Which experts, if any, do you intend not to call at the trial? - N/A.

25. Will any require an interpreter? - N/A.

Trial

26. What are the advocates’ present estimates of the length of the trial? - 2 hours.

27. What is the earliest date that you think the case can be ready for trial? - 4 weeks from the Case Management Conference / Directions Hearing.

28. Where should the trial be held? - Leeds.

29. Is a Pre-Trial Review advisable? - No.

 

A.D.R.

30. Might some form of Alternative Dispute Resolution assist to resolve the dispute or some part of it? – No.

31. Has this been considered with the client? – No.

32. Has this been considered with the other parties? – No.

33. Do you want the case to be stayed pending A.D.R. or other means of settlement - CPR 26.4; or any other directions relating to A.D.R.? - No.

 

Other applications

34. What applications, if any, not covered above, will you be making at the conference? - None.

 

Costs

 

35. What, do you estimate, are your costs to date? - Claimant in Person costs £9.25 per hour plus expenses. 24 hours research and preparation plus sundry expenses, total £282.54

36. What, do you estimate, will be your costs to end of trial? - Claimant in Person costs £9.25 per hour plus expenses. 20 hours research and preparation plus sundry expenses, total £350 from now to the end of the trial.

 

 

Signed (Claimant):

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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What happens if either party fail to sendtheir CMI sheet in to both the Court and other Party?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Oh poo!

 

Guess what happened this morning after the postie had been?

 

I received a thick letter from the Leeds Courts. Inside it was my request for a CPR Part 18 Order and my cheque. "Oh Bugger" I thought, they're not going to grant it and/or a stay is being placed?

 

WRONG!

 

Incorrect fee! Not £35 in my case, because of the amount I thing being claimed but £50. So re-wrote another cheque and OOF it goes! :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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  • 2 weeks later...

Actually as an aside....... is anyone aware of this new costing £50 instead of £35?

 

Just had my two Credit Card ones returned also demanding £50 each rather than £35!!

 

Nothing in the Courts cost tarriffs about this?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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There is nothing about it on hmcs hun, make sure you get a receipt as you may be able to ask for the difference back :-)

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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I just bet it's a pompous ass of a clerk getting facts wrong. Anyway, "correct" amounts now off so no more delay tactics from anyone!

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Good news in sofar as:

 

Taken from the BBC website this morning 24 August 2007

 

 

A judge has stopped Barclays bank taking any more penalty charges and interest from a customer who sued for their return.

 

Judge Abrahams, at Luton County Court, has ordered Barclays to stop applying the charges until a High Court test case settles the legal issues involved.

 

Barclays said it will be entitled to reclaim any further charges from Nadine Fry should the test case be successful.

The five main banks have handed back almost £400m in charges since January.

 

Barclays itself has so far repaid £87m in overdraft charges this year.

 

'Not general policy'

 

Judge Abraham's decision is likely to be deeply disturbing to the UK's banks, in case other judges around the country adopt a similar line.

_44075013_lutonorder203.jpg Luton county court's order against Barclays bank

 

 

 

A spokesman for the Judicial Communications Office (JCO), which speaks on behalf of judges, said: "This is not a general policy - each case is assessed on its own merits."

 

In the past year, tens of thousands of bank customers have been winning refunds of overdraft penalty charges from their banks, amounting to millions of pounds.

 

 

To resolve this vexed issue, the banks, along with the Office of Fair Trading (OFT), agreed at the end of July to stage in the High Court next year a test case on the legality of the charges.

The OFT believes they are an unfair and illegal penalty under consumer protection regulations.

The banks say they are a fair charge for providing a service to their customers while their accounts are in the red.

 

Waiver win

 

At the same time as announcing the test case, the banks won from the Financial Services Authority (FSA) a waiver from the current rules so that they can largely stop processing new claims against them until the legal issues are sorted out.

Likewise, the Financial Services Ombudsman (FSO) decided to stop dealing with the thousands of similar complaints it has been receiving.

The banks also asked the courts to suspend all existing legal actions against them for the time being. However, any decisions on cases that are already before the courts have been left up to local judges to decide.

 

 

:D :D ;)

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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Had another letter from the Court today (Leeds Merc) stating that my application for a CPR Part 18 Order will be heard at the hearing on the 29th August 2007. So I was right, this "Hearing" is a Directoions/Case Management Hearing and not the full hearing as others suspect! No harm in going in prepared though as it will give the Abbey a few pins in the backside and eyes! :D

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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