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    • 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?    
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    • 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.              
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Cancelling a Car Fianace Agreement


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I went to a car dealer on Saturday and looked at a car.

I then spoke to the finance manager who said he would check to see if I could get it on finance which he said I could.

I then did the forms and that was that.

He informed me i could cancel within 14 days if i so wished but never gave me a copy of the credit agreement.

I then decided not to go with the car

on the Tuesday and sent them an email saying I did not want it.

Today Thursday I got a call from the dealer asking me when I was coming to collect the car, I informed them of my email, they said they didn't get it.

I then told them over the phone that I didn't want it and put me trough to the finance manager who then said I could not cancel.

when I then reminded him of what he had told me on Saturday, he said he would ring me back as he needed to do something.

He didn't call me back

I spoke to a solicitor who said I should be able to cancel within 5 working days as it was not signed at the finance companies office.

Can anyone offer any advice?

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if you signed in a showroom i dont think you can cancel.

have a look in this forum or the welcome one.

sure i've seen this mentioned several times.

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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In order for a credit agreement to be legally executed, Both yourself and the Underwriters of the finance company need to both sign the agreement, So if you signed it on the Saturday and the underwriters didn't sign it until the Monday then on Saturday and Sunday would be the days that the credit agreement would not be legally enforceable. Keep a copy of your emai which you sent to them as this provides the date that you requested to cancel the agreement.

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i have sent a cancellation letter on Thursday by special delivery to both the finance company the garage wanted none of it but when my solisitor called them they have started to change their tune they know i am not messing they have also made a slight spelling mistake in my name and got my address slightly wrong so dont know whats going on

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Hi,

am a Finance Manager for a large car dealership.

As an above post stated, you have fourteen days to cancel the agreement if it was not signed on trade property.

As you signed in the dealership I am afraid you cannot.

However, again as someone has stated if you tried to cancel before the deal was executed then you have a right.

Did the finance manager give you a copy of the Pre contract and all subsequent documents at the time of sign up?

Did you purchase any insurance products, ie gap, ppp ect as these products do have a 14 day cancellation period.

Which finance company have you signed with?

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Well if we are being pedantic, PPI is cancellable throughout the term of the loan if monthly premium payable.

The point i was trying to make is that maybe the poster got wires crossed in respect of the cancellation period.

The finance manager may have said you have 14 days to cancel insurance products ect and customer then thought this included the finance agreement.

If the original poster can let me have the above info i will double check for them.

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Well if we are being pedantic, PPI is cancellable throughout the term of the loan if monthly premium payable.

 not being picky 

most of the insurance crap is front loaded 

ive yet to come upon a car finance agreement with monthly payments for the insurance crap

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On a HP agreement it has to be shown seperately, so the customer knows exactly what they are paying for. Ie if the total monthly payment is £200 per month and included in that is gap insurance of £15.00 per month it has to be shown

Car insurance/warranty

On a personal loan document they dont need to split them up (This is car finance only) just incase someone comes along and tries to shoot me down.

On a HP agreement it must be broke down for the customer so they can see

how much the car is costing per month,

how much the insurance is per month

and then a total monthly premium.

To be honest though some dealers may not follow the rules as they should

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Quote

On a personal loan document they dont need to split them up (This is car finance only) just incase someone comes along and tries to shoot me down.

they do if ppi etc is added

Quote

 

On a HP agreement it must be broke down for the customer so they can see

how much the car is costing per month,

how much the insurance is per month

and then a total monthly premium.

To be honest though some dealers may not follow the rules as they should

 

that should also be provided in the statement of price

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