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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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Roof Damage - Insurance Trying to avoid paying for repairs


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After the bad weather a couple of weeks ago, I noticed a damp patch on the ceiling in one of the bedrooms, and upon further investigation, several smaller patches in the back bedroom.

 

So I went outside with my binoculars and had a good look at the roof front and back... I could see no damage, loose/slipped tiles or anything obvious. I got the step ladder out and pocked my head into the loft, and discovered that a load of the roofing felt has ripped away, exposing the underside of the tiles and batons.

 

Contacted the buildings insurance and they arranged a roofer to come out and inspect things, and give them a report.

 

This report is looking very unfavourable, currently awaiting a copy of it and the pictures he took.

 

From what we've been told so far, he's claiming that there has been water getting into the roof space that has damaged the batons causing them to sag in a few areas. He's claiming that this is because the overlap on the tiles doesn't meet the current 75mm overlap. But refused to answer my question about 'when' those regulations came into effect... and he's also offered the 'theory' that there could be condensation occurring. But is admittedly guessing in that regard.

 

My house was built around 51/52 and the only building regulations I can find are the ones that came into effect in Feb 1966, these were the first ever national building regs according to my 'limited' research abilities. I contacted the national archives to see if they could help, but it's not the kind of info they store and I should try a local archive for my county.

 

It's worth noting that the rest of the roofing material not damaged, looks in near perfect condition.

 

The overlay on the tiles at the bottom of the roof and at the top varies between 70-85mm, but it's the areas were the batons have sagged due to moisture that the overlap is much lower... He told me in person it was as low as 45-50mm, but in the report he's claiming it's now 25mm.

 

We are now faced with the prospect of a 4-5k repair bill if the insurance refuse to cover some or all of the cost. The tiles are reaching the end of their lifespan of 80yrs being around 66yrs old now, and it's in the best interests of the property to replace them with newer ones.

 

 

So what I need to know... is what to do next if they try to avoid helping with the costs... We're quite prepared to contribute to the cost aside from the excess of about £250 we'd be happy to pay for all of the replacement tiles and even include some roof vents 'just in case' there has been condensation... Er on the side of caution rather than risk the 'theory' being correct.

 

From some rough figures I arrived at (approx meter squared area and tile coverage per mt squared. I estimate this to be in the region of £1000 with between 1000-1200 tiles required at an approx cost of 74p per tile (if ordering more than 500).. I worked this out from the rough footprint and then added 20% to account for roof pitch. Approx footprint is 70-75m/s and around 15 tiles per m/s. Roof vents are around £15-18 each depending on type and I assume I'll need 5, 2 front, 2 back and one for the small porch.

 

What are the procedures I need to be aware, do we have to follow a complaints procedure, should we get independent reports done... If they point blank refuse to pay anything... who do we take it too next, and because of the risk of further damage due to the current state of the roof... should we have the work undertaken to current building standards and then pursue some form of recovery of some of those costs.

 

I'm actually lucky that I had my c/irESA claim sorted out and backdated 3 yrs recently... so I've got a little cushion to cover some of this expense. But I'd need to borrow the rest from family as a loan to be paid back.

 

Right this moment... I'm not panicking... that could change very quickly if things look bleak.

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The whole building regs issue is a red herring, the roofer is trying to find technicalities without understanding how insurance work. I wouldn't concentrate too hard on this unless they keep throwing it at you.

 

The basics of insured is the questions has the damage occurred as the result of an insured peril (storm, fire, theft etc.) - for you it has to be storm, and a singular storm, not just rain over the years.

 

I'd say your prospects are not great in the light of what is said so far, but another way to look at this......

 

In your case, unless there is the clear are where it came in (dislodged tile etc), you could argue that the roof tiles withstand normal weather and have done for years, but in this case due to the overlap (which they have kindly pointed out), clearly they couldn't withstand THIS (but many other ) storm.

 

They may then throw the fact that this is ongoing damage, there is evidence to show this has been happening over a long period of time.

 

Any response to them I would keep simple,but do make it a complaint. D

on't get technical if it doesn't need to be. The point to reiterate is this damage didn't happen until there was a storm.

 

Let's see what the other forum members think as well.

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Just to add to this, but I wouldn't start offering the many concessions. They won't treat you reasonably and say that you are being a good guy and they will meet halfway. They will simply consider that you have given ground

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OK, so if I understand @Mwynci correctly, the fact that I saw no external damage to the roof, even after checking it after each storm we've had this winter, and the fact that the last time I looked into the loft was sometime last summer (no ripped roofing felt at the time)... and only noticed damage after it had penetrated through the 250mm of insulation immediately after the very cold spell we had a couple of weeks ago... will possibly count against me?

 

We've had several bad storms this winter, with severe high winds that could easily have slightly lifted tiles on the trailing edge during strong gusts and allowed driving rain to get underneath them. I don't know which storm is too blame just that it's happened at some point in the last 6-7 months. So it could be an accumulation of one storm causing wind to get under and rip the roofing felt, and then the cold snap allowing water to penetrate into the roof space itself... Soaking through the insulation and causing damp marks on the ceilings.

 

So I really don't understand the 'singular' part. The most recent weather has obviously caused water ingress, but any storms in the last 6 months could be responsible for the damaged roofing felt... I thought I was being diligent by inspecting the roof to the best of my abilities (partially disabled) after each storm, and finding no obvious cause for concern.

 

@BankFodder - Duly noted, I won't make any kind of concession until we have a definitive answer.

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there appears to be no single insurable event that is causing the problem so you wont get anything from a claim. You have to be able to point to a single storm that caused all of the damage as anything else is just normal detioration that is your responsibility as the owner of the house to put right. The roofer is pulling your chain regarding the overlap but when rooves sag that changes the pitch of the tiles/slates andthe water runs underneath by capilliary action rather then running off as the angle isnt steep enough.

I dont think that you will be able to show a single event to the insurer so I wouldnt be wasting my time trying, it will just go down on your record and come back to bite you in the future. get another roofer to give a second opinion and dont emntion insurance to them and see what they say. The felting iunderneath the tiling isnt actually there to keep the water out so again dont be misled by this

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Kinda resigned to this now, still have an avenue to pursue... such as their 'assessor' deliberately damaging an undamaged section of roofing material 'because he was wondering how brittle it was'.. Potentially, that could actually be construed as a wanton act of criminal damage, as he had no reason nor right to do something like that. He quite literally ripped a section of undamaged material in half exposing the tiles and batons and creating a 'new' section for water ingress.

 

I've started getting quotes in for a new roof, with all new tiles and it's looking to be in the region of £5-6k... Thankfully, I recently came into a little bit of extra money and today found out that a further mistake means I was once again not paid the correct amount... and am owed some more. This gives me around 60% of the cost, and the remainder will be covered by a loan from family... Which should be paid back in about 18-20 months.

 

Research seems to suggest that a new roof will also add value to a property, certainly more than it costs to install... So that's a welcome bit of news. Not that I'm thinking of moving any time in the next few years.

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Kinda resigned to this now, still have an avenue to pursue... such as their 'assessor' deliberately damaging an undamaged section of roofing material 'because he was wondering how brittle it was'.. Potentially, that could actually be construed as a wanton act of criminal damage, as he had no reason nor right to do something like that. He quite literally ripped a section of undamaged material in half exposing the tiles and batons and creating a 'new' section for water ingress.

 

I've started getting quotes in for a new roof, with all new tiles and it's looking to be in the region of £5-6k... Thankfully, I recently came into a little bit of extra money and today found out that a further mistake means I was once again not paid the correct amount... and am owed some more. This gives me around 60% of the cost, and the remainder will be covered by a loan from family... Which should be paid back in about 18-20 months.

 

Research seems to suggest that a new roof will also add value to a property, certainly more than it costs to install... So that's a welcome bit of news. Not that I'm thinking of moving any time in the next few years.

 

One can’t make an omelette without breaking eggs....

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