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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?    
    • 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.              
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Bad letting agents advice


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I want to find out what I can do next.

I've just finished a tenancy with a terrible letting agents. Durring the year with them, we had no toilet for 3 months, poor repairs and a number of other issues. We complained but nothing was ever done. When leaving the flat, we refused to pay their check-out fee, because of their poor service and because they had not completed an inventory at the start. They then refused to release the rest of our deposit (over £1000) until we paid what they wanted. I would like to take them to court, to hold them accountable for their actions. I'm not even that concerned with money - I'm mainly angry that we had no working toilet for months, and that they never did anything about it. And also that they would have tried to hold our whole deposit as ransom. We have stack of letters that we wrote to them complaining, and even emails from the landlord complaining about them. They have been rude, nasty, and simply discusting to deal with.

What can I do? I want to take them to court... or to have some action taken against them. They shouldn't be able to get away with how they have acted.

Many thanks

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Just an extra note - I can't stress how rude, and nasty these people were. They never returned calls, or kept appointments. But they were just lazy and annoying until the end of the year and we refused to pay some money to them and started to really complain - then they turned... well not even like a business... it was more like talking to 15-20 year threatening children. At the end of the year the landlord was going to allow us to leave them and deal with him directly because of their poor service. In the end, we had to move back north, so left the whole flat. But, we have many, many letters of complaints, from us and the landlord to them. I even have them addmiting that they would hold the whole deposit to until we paid what they wanted, in a ransom sort of way.

Edited by Liamhastings
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The landlord is the one who chooses to pay the agent so ultimately it's the landlord's responsibility if your toilet did not work. If the landlord is useless, or ineffectual in the face of his agent's poor performance then he needs to be told not to use this agent again. If he simply doesn't want to get involved then he is culpable to his agent's failures.

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In the landlords defence, he was in Australia - that why he got this letting agent - to run things. One of his emails to them that he added us in to was him complaining that they were supposed to be sorting things out for him.

But the point is, he might have been a little slow or stupid to use them - they however were rude, nasty and negligent. I want to hold the letting agents to account for how they acted - mainly with the toilet.

How would I take them to court?

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I am not a lawyer, but I think you cannot take the agent to court because you have no contract with them.

 

Effectively you have a contract with your landlord, so you would take him to court. If that annoys him enough he will take his agent to court to get compensation for their ineptness.

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No they cannot. They hold the deposit on behalf of the landlord. The landlord can and should instruct them to release the deposit.

 

If they do not do so then the landlord should repay the deposit to you and then he should sue the agent for the money. The landlord should be taking responsibility for getting you in this mess.

 

Who have you complained to that they want you to retract your complaints from? I guess you have not got this in writing?!

 

I've not yet asked, is your deposit protected? And if so, by which scheme? Can you get the scheme involved?

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It's now taken a sick, almost sinister turn. The manager in charge of the agents has told my partner, that unless we give a full appology, retract all complaints, and write and sign that we intend no legal action, then they will not allow the money to be return and will try to dispute the FULL amount. £1250! When we were the ones to complain in the first place!

The money is with the DPS. They have just said that the way the agents are acting is not correct and we should take them to court. The thing is, we need the money back sooner rather than later - It's over £1000...

If we do send a mail saying these things, can we still take them to court at a later date? For the toilet issues, and the fact that they wouldn't return the money? I have emails of all their demands and replies.

We haven't complained to anyone apart from them so far.

The landlord has mailed me and said he's asked them to return the deposit - In fact he claims they told him they were not going to hold on it...

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Heels appear well & truly dug in. Don't expect deposit back in near future.

So Letter before Action to both LL (UK address, also email copy out of courtesy) & LA giving 14 days from date of letter for return of deposit.

Initiate County Court action against both LL & LA, via MCOL (online) for return of full deposit, citing repair delays.

If local press heard facts of the case & ran a story, not good for local rep of LA.

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I don't know what procedures DPS have, but they ought to understand that the agency is the agency of the landlord, and that therefore the landlord should be entitled to release the deposit himself. So I'd be asking DPS if they would allow that.

 

Alternatively, the landlord can pay you directly and you can release the deposit to the agency who would then have to give the money to the landlord.

 

Can you get the landlord to email the agency and to copy you in, demanding release of the deposit?

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