Jump to content


  • Tweets

  • Posts

    • Should this to be take into court with him or should he send something in earlier?
    • 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.              
  • Our picks

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

silou v IF


silou
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6111 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

Hi all, there seem to be a relatively few of us taking on IF so I just wanted to say hello!

Sent off my SAR to them well over 40 days ago and surprise,surprise nothing! So have followed the template letters and have one all ready to post to them tommorrow (so fingers crossed). On the plus side it does seem from some of the posts on here that when you finally get to the stage of identifying charges and claiming them back IF do seem a little more forthcoming than some of the other banks in terms of settling without getting all the way to court (hope this continues). Have already found many of the threads on here very useful and I'm sure I'll continue to as this thing progresses.

Link to post
Share on other sites

Hi all, there seem to be a relatively few of us taking on IF so I just wanted to say hello!

Sent off my S.A.R - (Subject Access Request) to them well over 40 days ago and surprise,surprise nothing! So have followed the template letters and have one all ready to post to them tommorrow (so fingers crossed). On the plus side it does seem from some of the posts on here that when you finally get to the stage of identifying charges and claiming them back IF do seem a little more forthcoming than some of the other banks in terms of settling without getting all the way to court (hope this continues). Have already found many of the threads on here very useful and I'm sure I'll continue to as this thing progresses.

 

HI Silou,

 

Just wanted to say good luck with you claim. It does seem currently that IF are paying up before the stage of actually filing with the court which is good.

I would also phone IF about your statements, we had this trouble and after a phone call we managed to get them, but still go ahead with your letter of Non-Compliance as well.

 

Dont forget that when you get to the stage of sending your Prelim and LBA letters to use the Halifax address (as this is a UK address)

 

Intelligent Finance

Division Of Halifax PLC

Trinity Road

Halifax

HX1 2RG

:-D

Link to post
Share on other sites

Thanks for that, I've been using the Halifax address. I may well try giving them a call if I don't receive the statements within the next week.

Cheers.

 

Hi Silou,

 

I dont think taht it will make any difference but when I requested my statements I sent the SAR to this address

 

Graeme Mackie

Credit Control Manager

1 Baird Road

Kirkton Campus

Livingston

EH54 7AZ

I only used the halifax address once I started to ask for my money back.

I am sure that I will not make any difference to your request though because they should have passed on to the correct department. I would call them a couple of days after you have sent your letters of Non-compliance, just to chase them up a bit, do not wait any longer than that though, tell them that they have ignored you too long and that you will take this matter of Non-Compliance to court as you pointed out in your follow letter, if they do not get your statements/list of charges out to you in the next couple of days.

Good luck:p

Link to post
Share on other sites

Many thanks, they have until Friday and then I will start chasing them by phone. Does anyone have any recommendations as to a particular phone number to call or department to ask for or do I just call the normal customer service (or not!) number.

Thanks again.

Link to post
Share on other sites

Many thanks, they have until Friday and then I will start chasing them by phone. Does anyone have any recommendations as to a particular phone number to call or department to ask for or do I just call the normal customer service (or not!) number.

Thanks again.

 

My son told me that he phone the Customer Relations Dept just before getting his money back:-D

 

GOOD LUCK !!!!!!

Link to post
Share on other sites

Hi Silou,

 

Just phone the standard 0845 609 4343 number, they will speak to the relevant department on your behalf.

 

Good luck - IF seem to be one of the better banks at paying up.

 

I get the general impression that not many people are taking them on, so maybe they are more willing to pay up?

 

We are behind you and watching with interest.

 

John

Link to post
Share on other sites

Hi there, called IF today, they claim not to have received any requests so I guess the advice about writing to the Edinburgh address to request details of charges is correct. I used the Halifax address and clearly it gives IF the chance to claim never to have had the requests passed to them. Anyway they have put a request through today for details fo charges to be sent out to me so will keep you informed as to whether I ever receive them.

Cheers

Link to post
Share on other sites

Hi again,

List of charges received this morning. However although I asked for charges only for the current account they seem to have provided a list of all charges on the plan (which also included 2 credit cards) but the carges are merely listed as an amount and the date they were applied so I'm not even sure if they all relate to the current account or whether some may have been for the credit cards. Anyway I'm goint to try an reclaim the whole lot under the plan number rather than just putting the current acoount details. Has anyone else had this problem with IF and how did you deal with it?

Link to post
Share on other sites

Hi again,

List of charges received this morning. However although I asked for charges only for the current account they seem to have provided a list of all charges on the plan (which also included 2 credit cards) but the carges are merely listed as an amount and the date they were applied so I'm not even sure if they all relate to the current account or whether some may have been for the credit cards. Anyway I'm goint to try an reclaim the whole lot under the plan number rather than just putting the current acoount details. Has anyone else had this problem with IF and how did you deal with it?

 

Hi Silou,

 

We got the same as you, we requested chgs from the current account and got a letter showing two lots of chgs (one for a credit card, which we had forgotten we ever had) anyway, on ours at the top of each set of chgs it showed either current or credit..........

You can go ahead and claim under the plan number because all the way through our claim even though we had split into two claims IF always only referred to the plan number. You will only actually need to split this into 2 claims if you get to the stage that you have to file in court because you need to keep bank and credit card chgs seperate at that stage. But the way that IF have been dealing with claims recently I dont expect that you will get to the court stage. I am sure that they will setle prior to that.:)

Did find that once we had gotten to the stage of the LBA letter that we just gave IF a couple of days longer than we had said on the letter and then the offer came through for 100% of our claim

Good luck:p

Link to post
Share on other sites

Thanks for that, on the list they've sent to me it doesn't even say current or credit just a list of charges and the dates they were applied. Although there is a seperate list of mortgage charges. So lets hope I don't have to file in court cos I wouldn't have a hope of seperating them. Also there are different amounts of charges that were applied on the same date i.e one lot for 28 pounds one lot for 30 pounds so I can't even see what the individual amount per charge was iyswim was yours the same? I hope they settle mine much as they did yours, I'm keeping everything crossed!

Link to post
Share on other sites

Thanks for that, on the list they've sent to me it doesn't even say current or credit just a list of charges and the dates they were applied. Although there is a seperate list of mortgage charges. So lets hope I don't have to file in court cos I wouldn't have a hope of seperating them. Also there are different amounts of charges that were applied on the same date i.e one lot for 28 pounds one lot for 30 pounds so I can't even see what the individual amount per charge was iyswim was yours the same? I hope they settle mine much as they did yours, I'm keeping everything crossed!

 

Hi, It does sound a mess

Although mine did have two different lists they were still shown like yours, it just had the date and then the amount, so like yours if there was more than one charge on a day it was just shown as a total amount.......

On the Spreadsheet that I sent them I just put the Description as ' Bank Charge ' then the amount shown on that day and then the date, this should also work for you. Good Luck:razz:

Link to post
Share on other sites

Hi Silou,

 

You will be able to cliam on the current account and the credit cards. It would be easier to deal with these both at the same time, and under one claim, as long as the total charges are below the £5000 mark.

 

If they are above £5000, then you would need to split the current account and credit card into two separate claims, if you want to go through the small claims court.

 

If they are less than £5000, then treat the current account and credit card charges as one claim, and just total up all charges (across all accounts in the plan) and file one claim.

 

Hope this helps.

IF Current A/C won

MBNA A/C 1 Settled in full

MBNA A/C 2 S.A.R - (Subject Access Request) Settled in full

Lloyds TSB CC - S.A.R - (Subject Access Request) sent

Citicard S.A.R - (Subject Access Request) sent

Link to post
Share on other sites

Yes you can

IF Current A/C won

MBNA A/C 1 Settled in full

MBNA A/C 2 S.A.R - (Subject Access Request) Settled in full

Lloyds TSB CC - S.A.R - (Subject Access Request) sent

Citicard S.A.R - (Subject Access Request) sent

Link to post
Share on other sites

This update is really to advise anyone who hasn't yet written requesting details of their charges to write to the IF address detailed above and not the Halifax address like I did. Reason being today I received a letter back from Halifax with my original letter and cheque attached asking for details of the account as they could find no record, now I had made it very clear that I was referring to an IF account and had included a/c no sort code etc plus my address (which was the info they were asking for) and this was 2 months after I originally wrote to them. Not sure whether this is just part of a delaying game and fortunately didn't much matter to me anyway as I had taken the advice given above and called IF to ask what was happening so the list of charges was sent to me as a result of that phone call. But just thought this might stop anyone at the start of the process from wasting time. My only problem now is that I've sent the initial request for my charges back to the Halifax address aswell so am just wondering whether there is an IF address that I sould send a copy of that to just in case.

Thanks

Link to post
Share on other sites

Have received letter from If today offering 50%, although not 50% of amount I had claimed. They are giving the total as about 200 less than I made it but this could be cos they know which are current a/c charges and which were for credit cards! Anyway I have sent them rejection letter and copied it on their messaging service through their website, so we'll see what happens next but please keep everything crossed that they come back with a full offer!

Link to post
Share on other sites

Have received letter from If today offering 50%, although not 50% of amount I had claimed. They are giving the total as about 200 less than I made it but this could be cos they know which are current a/c charges and which were for credit cards! Anyway I have sent them rejection letter and copied it on their messaging service through their website, so we'll see what happens next but please keep everything crossed that they come back with a full offer!

 

Hang on in there.................

 

Wont be long now before you get ALL your money back:p

Link to post
Share on other sites

Mmmm, maybe I was just a little hasty with that rejection letter...given recent developements! Also see from IF's website that they've posted an anouncement basically saying that they won't be dealing with any claims till after the test case and will be seeking stays on any court cases pending. Just have to wait now and see what happens I guess.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...