Jump to content


  • Tweets

  • Posts

    • 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...
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 161 replies
    • 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.

      Frankly I don't think that is any accident.

      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.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like

Martin3030 v Barclays business LIMITATION WON-now for the fun.


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5282 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

good luck today Martin ( now PC running faster ooops, :rolleyes: )

 

G.

NEVER FORGET

 

[sIGPIC][/sIGPIC]

 

Help Our Hero's Website

 

http://www.helpforheroes.org.uk/

 

HIGHWAY OF HEROES

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/181826-last-tribute-our-lads.html

 

Like Cooking ? check the Halogen Cooker thread

http://www.consumeractiongroup.co.uk/forum/bear-garden/218990-cooking-halogen-cookers.html

Link to post
Share on other sites

  • Replies 119
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Posted Images

Just about to leave.

As prepared as can be....with 19kg of paperwork in tow.

Janet is meeting me in Lpool so will not be alone with Barclay boy ;)

 

 

Great job you did with PC.....Lets hope I can do a good job today :)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

Good Luck !!!!

Beck

"There are two ways to conquer and enslave a nation. one is by the Sword. The other is by Debt."

 

Barclaycard PPI Refund £4300:whoo:

Barclaycard = Mexican Stand Off

 

TSB = Mexican Stand Off

 

Santander = :mad2: MungyPup is coming to get yahh :mad2:

Link to post
Share on other sites

Ok just back.I am limited to what I can say-for reasons which I hope I can expand on later.

The position is this....the hearing was scheduled for 1 hour I expressed my concern for this from the start.Judge agreed to hear me out and decide if I had any case.

Anyway after hearing me out for over 2 hours he came to the conclusion that the arguements I was putting forward were valid ones and had validity outside Smiths ruling.

I supported everything I put forward with case law and also back up documents.

I think what threw the defence was a number of points that had not been used before -and so these were Ace cards so to speak.

After 5 hours the Judge decided there was not enough time to hear the case out in full.

A number of orders have been made to both sides.

I cant disclose details of those at this point.

What I will say however is that I am very happy with the day.

Please understand that I cannot be more specific-for a number of reasons.

Thank you to all those who are supporting.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

as long as Martin is happy............;-);-);-);-)

Beck

"There are two ways to conquer and enslave a nation. one is by the Sword. The other is by Debt."

 

Barclaycard PPI Refund £4300:whoo:

Barclaycard = Mexican Stand Off

 

TSB = Mexican Stand Off

 

Santander = :mad2: MungyPup is coming to get yahh :mad2:

Link to post
Share on other sites

Sounds like the Martin we've all gotten to know - brilliant Martin..if you kept a Judge listening for 2 hrs you've been doing something right. well done.

 

Probably only kept the judges attention 'cos he thought there were 19kg of Semtex in his case !! :D

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

Link to post
Share on other sites

Good work Martin. I know you will reveal all when you know it won't prejudice anything - it's hell waiting to know though. ;)

 

I am attempting to claim back business charges from NatWest way back in 1988/92. Have ALL statements. LOL! Please visit my thread and see if you can add any advice.

 

http://www.consumeractiongroup.co.uk/forum/business-claims-bank-charges/206046-rhias-attempt-1990s-charges.html

Edited by Rhia
Add CAG link
Link to post
Share on other sites

Yes I saw as you know Rhia.

Hopefully CAG can give you some directions I like others who I know you are aware of will be happy to help.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • 3 weeks later...

Martin, what's the latest - got a result yet, or still waiting for Sharkleys to get its act together?

 

About costs,

Re: your costs.

 

From going to court with Tiglet, may I suggest (in case you haven't done so) that you detail the time spent working on this in 10 0r 15 mns time "slices"? The judge in Tig's case felt that she couldn't have spent as many hours as she said working on her case, and I think that is she had it diarised as it happened, he might have been able to get a better picture of how much time a LIP actually spends on those cases. Just a thought.

Yep I would use a spreadsheet and itemise it.

Pretty much the same sort of thing as used in Wasted costs schedule-Ive done a couple of them and had no probs.

I wouldn't presume to tell you how to present costs, as I gather from your posts that you must have done it umpteen times before, but I find it useful to transfer spreadsheet data to the various categories on form N260 (Statement of Costs for summary assessment, which you can fill in on-line for neatness & legibilty). That way the judge perhaps wouldn't raise his eyebrows at 10 hrs for this, 14 hrs for that, 6 hrs for the other, whereas he might at a claim for just a lump of 30 hrs (ref.Bookworm's post quoted). Also, judges seem to like you to use proper court forms. I would attach the spreadsheet headed up "Bill of Costs" & the case ref.at the top. A "notes" column on the spreadsheet is useful to explain why something took such a long time, for example.

 

For those who might not know, a LiP can charge £9.25/hr for time spent on their case. For details see CPR 48.6 & PD 52.1. Car travel is 40p/mile; parking, miscellaneous expenses (postage, copying etc) and public transport at "reasonable" cost.

  • Haha 1

Oh dear, why do these things always happen to me - I don't beli...

Link to post
Share on other sites

Thank you.

Yes costs have escalated on both sides during the course of the last 29 months.

Their last submission was just short of 2.4k and I expect this to rise.

In all 6 hearings costs have been reserved.

 

I am still not in a position to go into details,and anticipate there is yet some way to go.I think it will be around 6 or 7 weeks before I am properly able to evaluate the results of my efforts.

 

Neverthless I remain quietly confident,and determined to see this through and you can be certain their actions and tacs that have been much in evidence in many cases,have not had the desired effect for them in mine.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • 1 month later...

Fraid not.

I may be able to give something new in 2 weeks-until then I am still in the dark myself.

To be honest I have no idea on what will follow-Barclays are giving nothing away.which is what I expected I suppose.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

Link to post
Share on other sites

Couple of days now then I can maybe say more.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • 4 weeks later...

Yes ...I know people are eager to know more.

Lets just say that there is an air of unpredictability....which has again changed the goalposts...............

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...