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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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me vs abbey national


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Did you send it with the £10 fee, if so has the cheque been cashed? and also was it sent recorded?

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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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Ok, fair enough. We'll in that case then you can enforce it.

 

You've got 2 options, either file a non-compliance claim, or go through the ICO. Both these options can take time, so if you can manage to get them to provide it to you without resorting to either action then that'd be preferable.

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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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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ok nothing at all recieved so i filed action against abbey national asking the courts to force them to comply with the DPA Subject Access Request. it cost me £30 and if it works its money well spent.

 

further i have asked for £130 in damages to cover the fee and my costs involved in taking the action?

 

lets see if the British Justice system is alive and well?

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ok yesterday morning i recieved a letter from Abbeys complaints department saying they take all complaints so seriously they will need at least another month to investigate mine?

 

too little to late? should i acknowledge this reply from them?

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  • 2 weeks later...

i now have a reply from the Information Commissioners office saying they are asking Abbey to comply with my original DPA Subject Access Request and it also states they have clearly breached principle 6 of the DPA in failing to comply?

 

other than that ive heard nothing from the Court and nothing else from Abbey?

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despite follwoing the instructions on here to the letter it appears the N1 form is incorrect as i cannot claim costs (damages) and enforce the action to make abbey disclose the information on the same claim? the Court have told me they sent my £30 back on the 14th april 2007 and yet i have recieved nothing? thay also tell me i have to file 2 actions, a section 7 for damages and a section 8 to make abbey disclose?

 

thoroughly disheartened? any advice please?

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  • 2 weeks later...

right clarification!

 

when filing a claim to force the bank to disclose under the terms of the DPA you must pay £150 as this is not a claim for money but a claim for Court to enforce action and at the same time file a second claim costing £30 to get costs and damages to cover your time back.

 

i cant find anywhere on this site which states this so if admin would like to clarify the situation it may save other people time i have wasted?

 

cheers.

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i have today recieved another letter from Abbeys complaints bod Richard Harris apologising for the length of time they are taking to deal with my complaint and stateing they need another 4 weeks as they want to investigate my complaint fully!

 

any advice on whether or not i should reply especially given i have taken legal action to enforce DPA subject access request compliance?

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today i have recieved notification from the Court that Abbey intend to defend the whole of the claim, interestingly i also recieved a letter from jackie scott from the data compliance section at Abbey saying the reason they have not complied with my subject access request is because i didnt send the fee, the fee was paid in cash over the counter and a reciept obtained. Abbey also claim they wrote to me on the 10th of march 2007 asking for the fee, i did not recieve that letter (funnily enough). i have sent a cheque for £10 to Abbey stating this is the second time ive paid the fee.

 

funny how when they get the Court notice they act isnt it?

 

now what happens about the £180 it has cost me to file an action with the Court if Abbey comply in the mean time?

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  • 2 weeks later...

i am starting to really enjoy this as the bigger picture unfolds? :)

 

firstly last thursday i recieved a copy of abbeys defence to my action to enforce them to comply with the dpa request, they have actually defended a claim for a refund of charges which i havent even made yet, this demonstrates the sheer incompetence of these idiots and also how busy they must be to make such a fundamental mistake, i cant wait to get to the court hearing, i am gonna rip them to shreds? :D

 

secondly the second cheque i sent has been returned with a letter of apology from the data compliance section at abbey with a promise that a dhl courier will deliver my dpa request documents s soon as they can find them??

 

what a joke these clowns are? :D

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Yes, I'm lurking! Seems your doing fine. I'll be here if you run into trouble.;)

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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Im lurking too, but i am confused (Shush Gary!!! lol) did you raise an official complaint with the Information commissioner as well as filing at court?

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Im lurking too, but i am confused (Shush Gary!!! lol) did you raise an official complaint with the Information commissioner as well as filing at court?

 

 

yes i complained to the ICO first and they found abbey had breached principle 6 of the data protection act, it didnt make any difference to abbey as they largely ignored the findings but it does prove to any future court that i have exhausted all other options! :)

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  • 4 weeks later...

right updates!

 

they finally complied with the DPA request and sent me there records, ive calculated they charged me £3594 over a three year period whilst i was at University.

 

i am today writing to reclaim those charges.

 

now i do need some advice, i have filed an action to force them to comply with the DPA request but as it hasnt reached court yet and they have now complied what happens about the £180 it has cost me to take action so far, bearing in mind abbey did not comply until they became aware i was taking them to court?

 

cheers

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  • 3 weeks later...

ok a lots happened since my last post.

 

the Court have decided to set a date for a hearing to ask abbey why they filed an incorrect defence, 1030hrs 18th july 2007, and i have now written a letter before action giving a further 14 days to pay me up in full.

 

i will be in court on wednesday to seek my court costs and administration costs (totalling £280.00).

 

more updates to come.

 

anyone else ever think they should re-train and become a solicitor? :D

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  • 2 weeks later...

another update, at the hearing Abbey didnt turn up and a judgement to award me my costs etc was made, in the meantime Abbey sent me a cheque for £280.00 covering what i was asking for.

 

i have recieved no response from Abbey regarding the charges letter and LBA and so this morning i filed a County Court claim against Abbey for £3594.00 in charges, £1235.92 interest under s.69 and £120.00 Court fees!

 

i am enjoying this so much now, am i wierd? ;)

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  • 2 weeks later...

the lovely people at Abbey have written to tell me they are part of a consortium involved in legal proceedings with the OFT to put through a test case to decide whether the charges they believe are fair are in fact lawfull and i will now have to wait for an outcome from this? they are asking the Court for a 'stay' which in effect puts my case on hold.

 

anyone know if i can insist that the Court proceeds as i dont want a stay? after all if they had complied with their legal obligations with regards the subject access request in the first place i would have been to Court and had a ruling allready? the delay is their doing not mine!

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