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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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Car finance 14 day cancellation with part ex


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Hi, I'm wondering if someone can help me understand what my position is in the following scenario.

 

I've bought a used car 2 days ago from a main retailer with HP. I traded in my old car which had existing finance. The dealer cleared the finance on my car and increased the price of the new car by the amount of negative equity, something which I was ok with. There was also a £200 deposit that I paid.

 

Now I've had the car for a couple of days, I'm having lots of little but significant issues with it that weren't apparent during the test drive, such as rattling noises, performance and fuel economy (used nearly half the tank over 120 miles!), and it's got to the point where I wish I never bought it and I want to hand it back.

 

My question is, what is my position if I use the 14 day cancellation period? The car is in the same condition as I bought it. Is it just a case of notifying the finance company and arranging with the dealer to collect it? Will the dealer be asking for money back from the car I part exchanged?

 

Thanks for any advice

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if the agreement says you can cancel then do so

tell the finance company, let them deal with it

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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Thanks for the reply, but what will this involve exactly?

 

 

Will they pick the car up or do I have to take it to the dealer?

 

 

As the car doesn't really live up to the expectation given,

can I expect the deposit back as well?

 

 

The garage did mess me around in terms of getting this,

but the car seemed ideal (and there's few of this one about) so I stuck with them.

 

 

I think I'm more questioning the process and potential complications

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ask the finance CO to sort out all your issues

 

 

you should be put back to the exact position you were before you under took the agreement.

 

 

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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Share on other sites

A very good example of why the selling dealer should not have bumped up the finance to cover the settlement figure on the trade-in.

 

Given enough time to think about this, it might even have been illegal :!:

 

H

44 years at the pointy end of the motor trade. :eek:

GARUDALINUX.ORG

Garuda Linux comes with a variety of desktop environments like KDE, GNOME, Cinnamon, XFCE, LXQt-kwin, Wayfire, Qtile, i3wm and Sway to choose from.

 

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I take it though that this works in my favour, i.e, that I won't have to pay back what was the negative equity?

 

Sadly not true, the finance company or the dealer will chase you for it.

 

Which is why they\you are not supposed to do it.............

 

H

44 years at the pointy end of the motor trade. :eek:

GARUDALINUX.ORG

Garuda Linux comes with a variety of desktop environments like KDE, GNOME, Cinnamon, XFCE, LXQt-kwin, Wayfire, Qtile, i3wm and Sway to choose from.

 

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how would that work?

They've got my car (and said it will go to auction) on which they have settled the finance.

 

 

I've bought an overpriced car off them.

Aren't the two separate?

 

 

If they put an inflated value on the car I bought, surely they can't ask for the difference back?

 

 

That would be like me buying a laptop, say, for £200 then asking for a refund on the basis that it's worth £300? I'm unsure how this would all work out..

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Normally you can cancel the finance but not the purchase of the car itself.

 

 

Regarding the fuel economy the only figures the seller can quote are the 'official' mpg figures which are normally way off, especially so on newer 'eco' vehicles. 120 miles on half a tank does not sound unreasonable depending on where/how the car has been driven. A used vehicle will have wear to every component so it cannot be expected to be as economical as a new example, the same goes for minor rattles and creaks.

 

This is why used vehicles cost less than new ones.

 

 

The Consumer Rights Act uses the phrase 'fault' over and over.

 

'Short-term right to reject

– the first 30 days If your new or used car has a significant fault that was present when you bought it (as opposed to developing afterwards), you can reject the car within the first 30 days and get a full refund.

 

You do not have to accept a repair or replacement vehicle (although you can if you want to).

If you have part-exchanged your previous car on the new one, you will not get it back. Instead, you will be entitled to the full invoice price of the car (including road tax, VAT, etc).

 

You are entitled to a full refund by the same method in which you paid for the car. The dealer cannot charge for usage, wear and tear, collection of the vehicle or anything else.'

 

Of course if there are major knocks and bangs from the suspension for example than that is different. It sounds like buyers remorse and you are looking for a way out.

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but its not being cancelled under the CRA

its being cancel under the Consumer Credit Act.....

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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but its not being cancelled under the CRA

its being cancel under the Consumer Credit Act.....

 

The Consumer Credit Act deals with the withdrawal from the loan (under s66A), but this has nothing to do with any contract or agreement to purchase the goods. It simply means that an alternative payment method needs to be found.

 

If the OP withdraws from the loan under the 14 day cancellation afforded under the CCA it simply means that he/she has a further 30 days to repay the amount borrowed in full, plus a nominal daily interest.

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Can I just point out that this is not buyer's remorse. There are a number of problems with the car that have only become apparent since I've had it and had full use of it. Also, I've had it up to the neck with the dealer who messed me about in getting this car in the first place(I only stuck with them because I thought the car was a good deal), so I'm not willing to accept repairs or a replacement.

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good go get 'em and don't let people put you off.

 

 

you should be put back in the same [financial]-for want of a different word position as if it never happen.

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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