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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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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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What Form? What For? Where does it go? N244, N245, Ex160


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Having been contacted several times of late asking for help there appears to be a lot of confusion over what Form to use, what application you make and where to send it once complete. Before going too much further can we establish that actions which originate in the High Court have all their applications made to the High Court. The confusion seems to arise for County Court Judgments (CCJ) that are either transferred up to the High Court for enforcement or enforced by the County Court Bailiff (CCB).

 

Stay of Execution

Form N244

If visited by a High Court Enforcement Officer (HCEO) you may be able to apply for a Stay of Execution against the Writ he has. You do need grounds to be able to do so and each case has to be treated on its own merits. It is no good just applying for a Stay just because someone says you should. If making this application it can be posted to the High Court in London or sent to a County Court that also acts as a District Registry of the High Court. If the application is urgent then it should be taken in person and ask for an urgent response. You must enclose the appropriate Court fee with the application unless you are entitled to have it waived in full or part - see below for further details.

 

The Stay may be granted on an interim basis pending a full Hearing at a later date.

 

Please note that if a CCJ is transferred up to the High Court it is for enforcement only and all other matters remain the jurisdiction of the County Court.

Set Aside

Form N244

If applying for Set Aside for a CCJ then this Form must be sent to the County Court where it was originally made or the last County Court listed if other representations have been made. You need to have a good reason to succeed with this, just because you did not receive the original documentation is not enough unless you can also prove the original would have failed. Again the Court fee must accompany the application unless you are entitled to have it waived in full or part - see below for further details.

 

Suspend the Warrant and/or

Variation Order

Form N245

If visited by the CCB you can apply on this Form to Suspend the Warrant of Control he has. In. with this or as a stand alone application you can also apply to pay your Judgment in affordable instalments - providing you can show why you cannot afford to pay it all at once & your I&E you submit shows no extravagant expenditure. You may apply to have you payment more than once if you have a change of circumstances but also note the Claimant may also apply to have the Judgment varied as well. The application needs to be sent to the Court where the CCJ was last dealt with. Again the Court fee must accompany the application unless you are entitled to have it waived in full or part - see below for further details.

Application for Fee Remission

Form EX160a & EX160c

You will need this if you feel you cannot afford to pay the Court Fees and may be granted Remission in full or part. You must supply the proof required with your application & if making more than 1 application then proof muct be sent with each.

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Excellent PT ....I will stick that for you :thumb:

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Another point noting is that of the forms used.

 

The title of a Form gives a good clue to its use. For instance Form N245 clearly states it is an "Application for suspension of a Warrant and/or Variation of an Order" - the Warrant is the Warrant of Control issued to the County Court Bailiff usually when chasing debts that are under £600 or governed by the CCA, & making an application to vary the terms of a previously made Order - you simply tick which part you want or both if need be - this Form is not used to apply for a Stay of Execution.

 

Applying the same thought for a Stay of Execution or Set Aside shows there is no relevant Form and this is why Form N244 is used as it is a general Application Notice for any matter not listed separately. This one of the reasons why the fee charged is a lot more as it can cover quite a broad spectrum and every application made is different.

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