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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?    
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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.              
    • 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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Claiming on contents insurance as a result of a burglary


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Hi,

 

Was burgled yesterday and had quite a lot of things stole and need to claim on my contents insurance. I have a few reservations I hope you can help me with:

 

1) Will they ask for proof of purchase/ownership? I have the boxes of things that were stolen, but definitely not all the receipts as some things were gifts or are past their warranty.

 

2) Are they likely to value my goods at less that what they would cost to replace? For instance I had a brand new wii + 2 full controllers costing £250. Can I expect only getting back a fraction of this?

 

Also, I had an item stolen that wasn't mine, but was in my house at the time. Is this claimable?

 

The last thing is that its a rented accommodation, and is a house share between myself and two of my friends - again, would there be any issues arising from this?

 

Sorry for all the questions - first time burgled and still slightly ****ed off about it all!

 

Thanks

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First of all sorry to hear about this-its not a very nice experience.

 

It is usual that you will need to show some evidence of the items you want to claim for,whether it be receipts,photographs etc.

 

Much of the info you are asking for-should be detailed in your policy docs.

 

The shared occupancy scenario would prob come into question if you had not declared this when taking out your policy.

 

Hopefully others will be around to add more here.

Edited by MARTIN3030
typo

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.

 

 

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Thanks for the support! I'm thankful that it looks like an opportunistic burglary by some kids. It really could have been so much worse considering I car share and my car keys were on the coffee table right next to where most of the items were stolen, and that I'd gone out the back and taken the back door key/back gate key with me. Given where we live we've vehemently kept the blinds closed around the house to minimise what can be seen.

 

Still, it very much sucks! The policy is from Endsleigh who specialise in shared tenancy contents insurance.

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Ah ok.

If you have not got the policy details at hand-you should be able to view them online.

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.

 

 

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In regard to the shared tenancy occupancy of the property, as long as you have declared this to Endsleigh, then that should not be a problem.

 

Insurers will always look for as much proof of ownership as possible, so they have a chance of working out the loss value. This could be operating manuals for electricals, photo's, bank statements showing purchase etc. It is up to you to work with the Insurers assessor, to help them help you. What assessors really hate are people just moaning about what they can't do. Try your best to help. People that are difficult with assessors, tend to set alarm bells ringing that the claim or amount being claimed are not right, so this just leads to investigations/delays.

 

For policies that are described as valuables e.g. jewellery, the policy terms will state that proof of ownership will be required. Insurers are normally strict about this.

 

If the policy is new for old, then Insurers will settle for the cost of replacement, less the excess. Insurers may opt to arrange replacement of certain goods themselves, rather than settle by cash. Under a new for old policy, things like clothing and linen are subject to wear and tear deductions.

 

For the item that was not yours, it depends on what this was and the arrangement. Speak to the Insurers and their assessor.

We could do with some help from you.

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I'm a bit concerned with that fact that I have 2 PS3's, one is a slim one (which i have the box/receipt), but the other is the original (which i have the box).

 

Again, I also had 2 digital cameras, one of which being a gift (which I have boxes, no receipts).

 

I'm hoping these are not issues due to the shared tenancy :/

 

Fortunately I always keep boxes of things in storage so nothing that was taken is without the box it came in - so this should go some way to providing evidence to the insurers.

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The 2 PS3's and digital cameras will not be a problem, if you have some proof of ownership i.e. the boxes.

 

BUT, the Insurers must have been aware of the shared ownership. You stated in a post that Endsleigh specialise in this area, which is true, but only if you declared this and they have underwritten the policy on this basis.

 

If you have not declared the occupancy, Endsleigh could decline the claim and make your policy void. If the happened you could of course appeal this with them and go to the FOS if necessary.

We could do with some help from you.

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Its been declared as shared tenancy (as that was the basis upon which the policy was taken out), so that shouldn't be a problem.

 

I've got a crime ref. no. to supply them with as well.

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Hi Pertinky, Ive recently had dealings with loss adjusters. Admitedly, mine was a shed burglary but well over £5000 of fishing tackle stolen.

Most of my equipment had been bought from ebay or from tackle sales so I had very little in the way of receipts.

The loss adjuster asked to see my ebay account, my wife had deleted everything a few weeks previously so there was just a few recent things showing.

He looked at the shed but never went in it.

His only concern was that he was under the inpression the policy was quite new - it wasnt, it was originally taken over from Norwich Union by Aviva. When I pointed this out, he called me less than an hour after leaving here stating he was happy with the claim and would recommend it be paid out.

Insurance on the shed was capped at £2500 but I wasnt too bothered about that because fishing tackle devalues very quickly when bought new - and I did manage to replace all my stuff with far better equipment and still have a fair amount for myself:)

The only reservation I had is that the insurance company have their own tackle supplier so I had the choice of a £2500 coupon to shop there, or a reduced payment of £2150 in cash - this figure they say is less the discount they could get from the supplier.

I took the cash and got myself a much better deal.

 

Just my experience of loss-adjusters. Hope it helps.

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