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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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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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barracad v PC World


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A couple of months ago I purchased a laptop from PC World. (I know, I know but it was cheap and I needed it fairly quickly!)

 

Since I have bought it, it's pretty much started falling to pieces. One of the mousepad buttons has broke, the latch to keep it closed has got stuck so it won't close, and the mousepad has lost sensitivity so it doesn't recognise when you 'tap' it.

 

So on Bank Holiday Monday I decided to take it back to PC World as I have had enough of it. First person I spoke to had never heard of the Sale of Goods Act, so eventually spoke to the "Duty Manager" and explained to him that the laptop was neither fit for the purpose, nor of reasonable quality, and that I wished to rescind the contract.

 

To cut a long story short, the "Duty Manager" asked me if I'd purchased the extended warranty (the laptop is less than 3 months old!) and then started talking about repair. I explained I didn't want it repairing - the quality is very poor, and if it's falling to pieces after a couple of months what would it be like in 12 months time! I explained I wanted a replacement or a refund but we went round in circles - all he could do apparently was to give me a premium rate number to ring so they could repeat what he'd already said, and then they'd pick it up and leave me without a laptop for god knows how long while they repair it.

 

In the circumstances I did not feel that was acceptable. After travelling 19 miles to return it, I'm not going to mess around ringing premium rate numbers, so I advised I would put the complaint in writing and asked for the relevant address.

 

Preliminary letter sent on 20th August giving them 14 days to agree to a refund or replacement.

 

Received a "sod off" letter on 19th August from PC World telling me to ring "the tech guys" on a premium rate number to get it repaired.

 

No chance.

 

These guys really are jokers - here is an extract from their response:

 

On investigating the issue I can find no record of any previous hardware repairs being carried out to the unit. This being the case, and with the age of the computer I cannot accept your claim for a refund of the purchase price.

 

The age of the computer? It's less than 3 months old!!!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I belive you can only ask for a full refund within 28days (may be less) after that period if there is a fault then you have to give them a chance to repair the item. Best bet is to let them try to repair it and claim its unsatisfactory - and tbh from what you've described they would most likely have to replace so much as to not be economically viable.

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I have no problems with that but I'm not ringing a premium rate number to arrange repair. They wouldn't sort it out in store just advised me to contact a premium rate number to arrange repair.

 

And the 28 day thing is just PC World's policy - remember it's less than 3 months old and they are doing absolutely nothing to help.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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You obviously haven't met Iain the "Duty Manager" ;-)

 

He wasn't willing to do anything just kept pushing the laptop at me and telling me to ring the number. I suggested I leave it with them or somebody contacts me, he was having none of it. When I travelled to the store I did go with the intention of getting it resolved without all this but they wouldn't budge.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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LBA next, hopefully this should make them do something, but if not it will have to be small claims. I hope they just sort it out though as I could really do with the laptop!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Plonk the laptop on the PcWorld counter and inform him the obligations they owe you havent been met and that the contract is being terminated....and that you want it sorting out......:p

 

Or tell Iain where your gonna be stuffing the laptop should he like to mess you around :rolleyes: ?

Before you take any legal action, please read through the

FAQ's, then if you dont understand something, please ask for advice ;) .

 

If theres a thread in which you think I could help, please PM me using the Private Messaging facility in the top right hand corner of the screen.

 

Advice & opinions of tom3131, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you ha

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Now you know how I felt they just will not budge under any circumstances, it also took a legal threat to sort mine out. Even then they delayed, but I got it in the end without the need for court. I posted on there about it same as you Barra not because I did not know the law but because of the frustration I felt. And the CS where just as hard work as the store, I put mine on counter and just walked out and left it, they ran after me but I just drove off, then I sent my legal threat I only give them 14 days full stop they do not need 28 days.

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I had a similar case for my son's laptop. It took 93 E-mails, but by quoting the sale of goods act and reporting them to trading standards I evntually achieved satisfaction. The probem in many cases is that they are not trained in the law related to the sale of goods act.

 

Also i managed to build up a good database of E - mail addresses for the company. They got fed up with 30 people getting the E- mails! (Repeated when they failed to answer!)

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And sign up all 30 email address's to adult sites, gambling sites and sign them up to the weekly newsletter of the local mental hospitals :D and then post them all on an open forum for spammers to get hold of....:cool:

 

Then they'll get the message :rolleyes: .

 

(BTW "DONT" DO ALL THAT!!:oops: )

 

Tom

Before you take any legal action, please read through the

FAQ's, then if you dont understand something, please ask for advice ;) .

 

If theres a thread in which you think I could help, please PM me using the Private Messaging facility in the top right hand corner of the screen.

 

Advice & opinions of tom3131, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you ha

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And sign up all 30 email address's to adult sites, gambling sites and sign them up to the weekly newsletter of the local mental hospitals :D and then post them all on an open forum for spammers to get hold of....:cool:

 

Then they'll get the message :rolleyes: .

 

(BTW "DONT" DO ALL THAT!!:oops: )

 

Tom

 

won't really matter doing all that as their content/spam filter will block that - unless they're using norton like they suggest ;)

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Plonk the laptop on the PcWorld counter and inform him the obligations they owe you havent been met and that the contract is being terminated....and that you want it sorting out......:p

 

Believe me I tried all that. On Bank Holiday Monday too when it was packed. And that isn't the reason I went then it was just the first opportunity I had. The "Duty Manager" just kept pushing the laptop back at me and telling me to ring the premium rate number. Didn't think of just leaving it there like Zooman did!

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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And the 28 day thing is just PC World's policy - remember it's less than 3 months old and they are doing absolutely nothing to help.

whilst 28 days may be PCW policy you are only entitled to an automatic refund within a 'reasonable' period of time - that is a time that it could reasonably be construed that the item was faulty at purchase and therefore not fit for the purpose. If you just dump the laptop on them they could say that you never tried to get it repaired threw a strop and dumped the laptop on them. 3 months will definatley be outside a 'reasonable' period of time to expect you to return a product that was fautly from day one. You're going to have to go through the hell that is their repairs I'm afraid, but as said before from what you've said you'll probably end up with a new laptop. Just out of curiosity what make/model was it?

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It's an 'EI Systems' - I'll have to look up which model.

 

The laptop wasn't obviously faulty on day one - but I don't think it's acceptable that so many faults have been developed in less than 3 months. That to me suggests there was something wrong with it on day one, although not obvious at the time.

 

And I know I'm biased but I think within 3 months is a 'reasonable time' to return the item :-)

 

Just to clarify, when I took it in to the store if they had offered to repair it either by me leaving it there or somebody contacting me to arrange it then that would have been fine - I even suggested both of these options to their "Duty Manager" but the only thing he was interested in was getting me to go away and ring a premium rate number. I refuse to do this as a matter of principle.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I know - am currently jumping hoops for a replacement hd (am not complaining too much - was off ebay) you should be able to leave it in store, would probably be easier for pcw to have collection/drop off points there as it would save them money on collections/deliveries. Did the saynoto0870 no. work?

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you should be able to leave it in store, would probably be easier for pcw to have collection/drop off points there as it would save them money on collections/deliveries.

 

Well it certainly wouldn't have cost them any extra, so I don't know why they didn't agree to my request.

 

Did the saynoto0870 no. work?

 

Haven't had chance to try it yet (although that's me being presumptious assuming they aren't available in the evening!)

 

Besides, sending LBA tomorow so will see what the reply from that is.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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Just to clarify a point:

 

Q: Can I claim a refund after 14/28/90 days?

 

A: There is NO set time limit in statute or case/common law. The law does state however that the consumer is entitled to a refund if he returns the goods before he has accepted them.

 

 

Q: What do you mean by "accepted the goods"?

 

A: A consumer accepts the goods when he keeps them for a reasonable amount of time without informing the seller that there is a fault/error in description etc.

 

 

Q: When I bought my goods the seller made me sign a slip saying I accept the goods and am no longer entitled to a refund or something along those lines. Where do I stand?

 

A: That contract does not in any way affect your consumer law rights. The contract isnt worth the paper its written on.

 

 

Q: Do you know of any examples on what the courts judge to be a "reasonable amount of time" in the consumer law context?

 

A: Yes, A gentleman who purchased a car reported a fault 3 weeks later, and demanded a refund. The court ruled that in that specific case, 3 weeks was more than a reasonable amount of time and that the claimant was only entitiled to the cost of a repair, not a full refund.

 

 

Thanks.

Tom3131

Before you take any legal action, please read through the

FAQ's, then if you dont understand something, please ask for advice ;) .

 

If theres a thread in which you think I could help, please PM me using the Private Messaging facility in the top right hand corner of the screen.

 

Advice & opinions of tom3131, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you ha

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I imagine they'll tell me to ring that premium rate number to sort out a repair.

 

Or they could do the decent thing and either send me a cheque for the full amount, or at least get someone to contact me to arrange the repair. But I doubt it.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Well... another letter received and guess what they say...

 

Ring the premium rate number to arrange repair!! They obviously don't read the letters before replying to them.

 

They then go on to state that if I don't want to ring the premium rate number then I should take the laptop back to the store who will sort it all out for me. Hang on a minute, isn't that what I did in the first place, hence me writing to them?!

 

I've given them my phone number to ring me if they want me to arrange a repair with somebody as I am not ringing their premium rate number - if they can't be bothered to ring me then why should I be bothered to drive another 19 miles just to argue with their "Duty Manager" again? Been there, done that... which they would know had they bothered to read my letters.

 

They don't want to play ball so looks like I'll have to take this one all the way.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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