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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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    • If you are buying a used car – you need to read this survival guide.
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    • 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.

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      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 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
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Hass vs Lloyds TSB - GOT there! ***WON***


Hass
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Hi there

 

I'm in the late stages of this, or so I hope. I have a court hearing on 27 June and I'm preparing the bundle.

 

I came accross this website through a link in the moneysaving site, and it has been extremely useful, especially with the court bundle but I don't know if have to provide the bank statements from when the charges occured (that's a question).

 

If it all goes well I should get my £592 in charges back. If I include interest and court fees it goes up to £675. I'd have never thought I would be able to get my bank to pay back for all the painful I charges that I got while I was a student and struggling with my finances. Thank you everyone here!

 

Hass

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did you reclaim the over draft interest that was showing on your statements? skeggsy

muffintop

Won Nationwide £900 and £1908 Bank Charges

Lloyds personal account 1,861

Lloyds Bus Account 2k

Abbey bank acc. Stayed 2008

 

CCA requested Barclaycard Nov 08 - n1 issued - GAVE UP

CCA Mbna Nov 08- n1 issued - GAVE UP

Marks and Spencer Money Nov 08 -lost found 2b enforceable.

Tomson Holiday - WON

 

if I help you tip my little scales it gives me a thrill. MT

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did you reclaim the over draft interest that was showing on your statements? skeggsy

 

Hi skeggsy

 

I'm claiming only the charges, not the overdraft interest.

 

Hass

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Thank you Michael

 

I have now managed to find all the statements. I'll spend some time photocopying later. Quite glad it's bank holiday, otherwise I would have had to do this late at night, which is not great.

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I have a hearing on 27 June and have sent the schedule of charges to court.

 

A couple of days ago, while putting together my bundle I found I had made a mistake when I initially did my list of charges, and one of these charges (or part of it) had been waived off by my bank (!!!). It still appears at the end of one of my statements as "notification of charges" to be debited the following month and hence my mistake.

 

I will phone the court tomorrow morning, but i'm not feeling good about this... Will the claim be struck out?:o Should I send a letter to SC&M?

 

I'm worried.

 

Hass

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I will phone the court tomorrow morning,

I wouldn't bother, you'll just complicate matters

Will the claim be struck out?:shock:
No, it doesn't affect the validity of your claim at all

Should I send a letter to SC&M?

No, let them find it. Come settlement, assuming they realise, they will merely reduce the payout by that amount
  • Haha 1
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  • 4 weeks later...

Hi there

 

After the latest developments with Lloyds TSB cases I've noticed it's now important to include T&Cs in the bundle. The problem is I don't have them and the link to an archive doesn't seem to yield any T&Cs for my account opening date (April 2001). There is a Lloyds TSB page but no T&Cs to be found.

 

Should I find T&Cs for any other date? If so, does anyone know where do I find it? I have to submit my bundle to all the parts in days (12 June) and I don't want to be late or have the bundle incomplete...

 

Thanks for reading this post!

 

Hass

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I really need help on this!!!

 

As I said, I don't know if the "web archive" info is valid as t&cs. All I found was this:

 

Lloyds TSB - Personal Overdrafts (from the Lloyds range)

 

Can I use this to argue that I wasn't offered such thing as a "service" for which I have to pay a fee?

 

One more thing, I had to send my bundle as it is this morning, since I got no reply to my question and time was pressing. It had to go without t&cs (or equivalent) and didn't manage to include the "Analysis of unfair terms in schedule 2" by the OFT (that's quite a mouthful:) ) and the other bit.

 

Is it possible to add all this extra information to the bundle after I've sent it to court and sc&m? After Birmingham, etc, it seems very important to include all this.

 

Any help will be extremely welcome!

 

Hass

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I am at exactly the same stage as you with a court case Hull court 26th June. I am just off out the door so no time now but at some point tomoro i will give you a list of everything in my bundle and you can give me a list of whats in yours. We can then see if one of us missing something the other one has included

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If anyone could offer advice on the technicality of sending extra information after the bundle has been submited (basically, is it possible?), that would be great!

 

Hass

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Hi that list

 

Correspondence

Statements of charges

BBC news report

OFT Report Summery

Orton letter

McNamara interview

Early Day Motion

Relevant case law

Witness statement

Scotts Law Commission Report

Things that i cant find are

Competition Commission Report

Data Protection Act Subject to manual intervention

Automated charge notification letters (all mine have been destroyed)

Cheers

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Hi there

 

Thanks for the list

 

I have included the same as you, only that some of these things (Scots Law and "Analysis of unfair terms in schedule 2" by the OFT, which you don't seem to have) I haven't sent with the bundle. I phoned the court today and they say it's possible to send more evidence, as long as it's before the 14 days before the hearing. Good!

 

As to the bbc news report, I didn't know about that one.

 

I'm sorry to say it's also the first time I hear about the things you haven't found, so I'm not much help on that.

 

As to the "Analysis of unfair terms in schedule 2" by the OFT, you can find that on http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html, or directly on http://www.crw.gov.uk/resources/utccr%20guidance-part2.pdf. It's good to check the first link often, as they update it. Now there's a new Orton letter-like document that can be used as evidence (I just noticed that one).

 

I didn't know automated charge notification letters were useful. I threw one in the bin very recently!

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After having sent my bundle both to the judge and sc&m last thursday I haven't had any feedback. Do sc&m always wait until the last few days before the hearing? Do they settle just after receiving the bundle?

 

I hope they settle before the hearing!!!

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Hey, hey, hey... I got a letter from sc&m and a payment into my account. They settled!

 

They made sure I went through all the trouble of sending the bundle, etc. They paid £681.96, including interest, and £80 of court fees.

 

Many thanks. It worked!

 

Hass

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Sorry Hass im going to hijack your thread. As i have said before i have a court date the day after Hass was meant to have his. I have watched this thread closely and was really pleased for Hass when Lloyds paid up. I am due in court this coming Tuesday so was expecting a letter from Lloyds agreeing to pay me out. It still hasnt arrived.

 

Lloydes havent even submitted there court bundle yet. Infact they never sent me copies of my bank statements i requested back in January, i had to use their internet banking to find out what they had charged me. It seems i have played everything by the book using this web site and they have not complied with the court or the law regarding sending me my statements. Im seeing alot of people losing now and im panicking. I have sent SC& M and the Judge letters of non compliance and had no replies. Ive no idea what Lloyds are going to use in their defence. I am panicking big time surely Lloyds and SC&M cant behave like this and still win come Tuesday. PLEASE CAN SOMEBODY GIVE ME SOME ADVICE

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Just checked my internet banking and i have an refund. BC Refund (claim number). They have refunded my bank charges but havent sent me confirmation they were going to. Is it pretty safe to say now they wont turn up in court on tuesday and i should be expecting a letter tomoro or monday.

Just about to go withdraw this money and put it somewhere safe.

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Congratulations!!:D :D

You might not get a letter.

You should let the Courts know they have settled, there is a letter in the link below if you need it:

http://www.consumeractiongroup.co.uk/forum/show-post/post-487345.html

Barty:)

I WON!!!! :D :D :D

http://www.consumeractiongroup.co.uk/forum/lloydstsb-successes/1774-barty-lloyds-tsb.html

 

IF I HAVE BEEN HELPFUL PLEASE CLICK THE SCALES:)

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