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    • 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...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Private sale deposit not returned


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Hi all,

 

I passed my driving test last month and have been looking for a car to buy, mainly due to pressure from work who want me to be able to get around. I saw a very cheap Honda Civic advertised on Autotrader and went to view it. I was suspicious about the price, and there were a few scratches and minor dents so I assumed this was the reason. The owner didn't mention anything further.

 

We had the intention of giving over a deposit and obtaining a written receipt at the same time stating we would get a HPI check and if it passed ok, buy the car. However, with it being the first car I've bought and having so much to worry about, we paid a £100 deposit without any record and agreed to buy the car the following week after being assured the car is in good condition to the best of the owner's knowledge and will run fine.

 

The HPI check showed it has been written off (category C) last year and repaired. After finding this out I decided I wouldn't want to risk buying the car and, with him seeming like a reasonable man, assuming he would probably have no problem refunding us as it is a fairly large issue with the car of which he said nothing.

 

We rang him up and he said he had made us aware (he hadn't) of the situation, and that he won't be refunding us anything. Nothing was signed (either about the deposit or agreement to buy the car) so I'm wondering where I stand.

 

Do I need to forget about the £100 or is there anything I can do?

 

Thanks very much

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In private sales the seller is under no obligation to tell you anything.

 

If, on the other hand, you asked him a question and he gave you a duff answer you could have a claim against him.

 

Problem is, it will cost you over £100 to take this through the Small Claims Court. Given that costs are very rarely awarded you would be spending more taking it to court then you get back off the other side.

 

Put it down to a bad experience and move on.

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In private sales the seller is under no obligation to tell you anything.

 

If, on the other hand, you asked him a question and he gave you a duff answer you could have a claim against him.

 

Problem is, it will cost you over £100 to take this through the Small Claims Court. Given that costs are very rarely awarded you would be spending more taking it to court then you get back off the other side.

 

Put it down to a bad experience and move on.

 

Don't know which courts you have been using! Cost via MoneyClaim is about £35 (which you get back from the other side if you win) and you can claim interest as well.

 

__________________

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my scales at the bottom of my profile window on the left if you found my advice usefull.

 

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Exactly as Sam says. If you have his name and address and a hard copy of the HPI check, send him a recorded delivery letter asking for your £100 back. If he don't respond or says 'no', then you send him another headed 'letter before action' again asking for the return of your deposit. If still no response, then you go here - https://www.moneyclaim.gov.uk/web/mcol/welcome - and issue a claim.

 

Have a good look on Autotrader and on Ebay and see if he is selling any more cars which would class him as a trader and then you can inform the tax office as well.

 

There are too many of these shysters ripping people off.

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He doesn't have to. You did not give him the deposit to secure the car 'for fun', it was provided to ensure nobody else took the vehicle until you were ready. Providing the seller did not provide you with a misleading statement, the fact YOU chose not to complete the deal because of what you found, allows you NOt to complete the sale, but to get your money back...? That's at the discretion of the person you paid it to. If he chooses not to, then it remains your loss.

 

You could take court action but this would only work if the seller misrepresented the vehicle to you. As a private seller, the less he tells you, the greater onus on your to ensure the vehicle is what you want before you secure it with a deposit.

 

As Conniff notes, if he's really a trader, then there are things you can do to make his life much more difficult, but none of this guarantees the refund of your deposit. This is no different to your paying a deposit and changing your mind (which you have done). When paid over, a deposit is simply an initial payment, if you do not complete, then would might get away with not paying over the rest, but getting the initial money back? This would have to be fought for, with no guarantee of success.

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