Jump to content


  • Tweets

  • Posts

    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • Thanks DX,   I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
    • Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have.
    • go do a Direct Debit Guarantee Clawback to your bank if you've now got control of his bank account finny.
  • Recommended Topics

  • 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
  • Recommended Topics

NWB Defence - Please help.


Hobson30
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6067 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

  • Replies 91
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Neither good nor bad to be honest! The Judge has stated in the letter that either party can apply at any time to lift the stay, so make sure he/she gets your letter nice and quick! x ;)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

Help with Part C N244 please!

 

In the statement I need to change the first part of the alternatives as the court has decided on the stay without the bank requesting it. Can anyone sugget alternative wording?

 

(In view of the preceding paragraphs, if the court accedes to the defendant’s application for a stay notwithstanding these objections, I respectfully request that the court issues the following injunctions)

And can I double check that this is the only part that needs changing. I have read through and can't see anywhere else that needs changing.

 

Also on the guide to filling in N244 it says that I should put any other supporting evidence. What other evidence do I need?

Link to post
Share on other sites

Hi hobson

 

what about - "in view of the proceeding paragraphs, if the court denies this application for a removal of the stay notwithsatnding these objections, I respectfully ...."

 

I don't think any further evidence is necessary

 

 

Link to post
Share on other sites

Attachment 1A is the above post (Section G - Other Information). Attachment 1B is the Sample List of Settled Cases. If you go into the Litigation forum on the main forum page, you can print off a sample list of cases by entering appropriate search details (if you use font size 8, you seem to get a better printout!) Attachment 1C I have at home - I can PM you with this later.

 

Hedgey x

 

Can you sen dme or send a link to c and d ie hackney and lincoln court case regarsd Gaz

Link to post
Share on other sites

Best of luck hun - I hope the Judge lifts the stay. Let us know what happens x :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

th_crossedfingers.jpgth_23_33_15.gifth_hand-cross.jpg

 

 

 

GOOD LUCK>>>>>>>>>>>>>>>>>>>>>>>>>>>

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

Link to post
Share on other sites

Well we was supposed to be in court today but up until yesterday we had not heard anything from the court about them lifting the stay.

 

I had to call the court yesterday to find that they have'nt even looked at the application yet. I guess we just wait and if they lift the stay they will set a new court date.

Link to post
Share on other sites

  • 3 weeks later...

:) Got a letter from the court this weekend. They stay has been lifted.

 

We have a new court date of 29th Nov.

 

I will type the letter up later today and post on a thread as I do not have it with me at the moment.

 

I hope the OFT case does not effect our case.

Link to post
Share on other sites

Hobson,

I think getting the stay lifted is a great achievement and hopefully the bank will settle before hand. Good luck with that.

I have my stay hearing on the 25th Sept. Not sure how to play it really. Could i ask how you argued yours?

Link to post
Share on other sites

Well done Hobson congrats. can I be a pain and ask if oyu could very kindly give us your claim ref number. my own stay hearing is in 5 weeks. and would add so much weight to not only mine bot everyones if we coudl quote a case ref no...........

 

the more who do it the largethe list will get and it will benefit all..... again well done:):):)

rockin all over the world

Link to post
Share on other sites

Hobson this is great news! :D :D

 

Well done for sticking to your guns and persisting with this............. you've got a great result here! :D

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

Link to post
Share on other sites

th_thumbsup.gif

th_Welldone.gif

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

Link to post
Share on other sites

Hobson,

 

Great to see the Stay lifted and good luck for the new Hearing date.

 

Slick (heard of this over in Barclays)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Guys,

 

:mad: Really Gutted, I have found out that the letter the court sent out was just for a hearing to get the stay lifted not a full hearing.

 

So I am sorry to dissapoint u all.

 

The letter we got back just said please attend court on 29th Nov @ 2pm we just thought this was our new date. But I got an email from someone else who read my thread and he/she has received the same letter with the same date. So it sounds like the whole of us claimer's in Sheffield who has asked for the stay to be lifted will be there on the 29th Nov.

Can someone also clarify what the cost was for the N244 to be sent in cause I only paid £35 and Waxsyd the other person ive been speaking to was told they had to pay £65! Surely this is wrong to charge 2 different charges for the same thing, isn't it?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...