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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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That's a long way off.

 

Get the defence first

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I made my claim against pc world.

 

For anyone thinking of making a claim against pc world keep this mind.

 

I had a letter from pc world stating the below.

 

I think this makes my claim void or i need to pay the claim fee again but I have emailed money claims to ask what I need to do.

 

* PC World does not exist in a legal capacity since they are a trading name of DSG Retail Limited who are the company that operate and control those stores.

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Complete the N244 Application Notice, with appropriate Court fee (£100)

 

ask for the Defendant's name to be amended, and

re-service of the claim form to be dispensed with at it was validly served at the correct address, and

ask for it ex parte (without a hearing)

On the front of the application notice type in the box asking what order you are seeking: "The Claimant respectfully requests that the Defendant's name be amended pursuant to CPR 19.4.(1) an re-service of the Claim Form be dispensed with."

 

On the second page insert:

A claim was issued against the Defendant on XX/XX/XXXX in the XXXXXXX county court under claim number XXXXXXX for the recovery of monies owed.

Since that date the Defendant has changed their name and it is therefore incorrect on the Claim Form.

Therefore, the Claimant respectfully requests that the Claim Form be amended so that the Defendant's name reads "XXXXXXXXXXXXXXXX" pursuant to CPR 19.4.(1). An amended copy of the Claim Form is included in this application.

 

We respectfully request that the need for re-service of the amended Claim Form be dispensed with as the claim form was validly served on the Defendant's address.

 

Regards

 

Andy

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I made my claim against pc world.

 

For anyone thinking of making a claim against pc world keep this mind.

 

I had a letter from pc world stating the below.

 

I think this makes my claim void or i need to pay the claim fee again but I have emailed money claims to ask what I need to do.

 

* PC World does not exist in a legal capacity since they are a trading name of DSG Retail Limited who are the company that operate and control those stores.

 

Is this just a letter or is it a defence to the claim? Please can you post it up here in pdf format

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Complete the N244 Application Notice, with appropriate Court fee (£100)

 

ask for the Defendant's name to be amended, and

re-service of the claim form to be dispensed with at it was validly served at the correct address, and

ask for it ex parte (without a hearing)

On the front of the application notice type in the box asking what order you are seeking: "The Claimant respectfully requests that the Defendant's name be amended pursuant to CPR 19.4.(1) an re-service of the Claim Form be dispensed with."

 

On the second page insert:

A claim was issued against the Defendant on XX/XX/XXXX in the XXXXXXX county court under claim number XXXXXXX for the recovery of monies owed.

Since that date the Defendant has changed their name and it is therefore incorrect on the Claim Form.

Therefore, the Claimant respectfully requests that the Claim Form be amended so that the Defendant's name reads "XXXXXXXXXXXXXXXX" pursuant to CPR 19.4.(1). An amended copy of the Claim Form is included in this application.

 

We respectfully request that the need for re-service of the amended Claim Form be dispensed with as the claim form was validly served on the Defendant's address.

 

Regards

 

Andy

 

if this is just a letter and not a defence, then I think it might be possible to continue and see what happens – without having to go through the business of amending the claim.

 

I'm certainly sorry that this has happened and I suppose it didn't cross anyone's mind not to sue them as PC World. We won't make that mistake again – although it doesn't help you. I know that in the past claims of been issued against PC World and eventually they have simply ended up paying out without causing a problem about the name.

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Also, in your correspondence from them, have they been using the name "DSG retail" or have they been using PCWorld?

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It not a response to the claim, its just a letter stating what I said above and if I was to win the claim I wont be able to claim against pc world. It has a logo in top left which says dixons carephone no mention of DSG group.

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I suggest that you write them a letter straightaway. Point out to them that first of all they are trading as PC World and secondly that as they clearly are aware of the claim and that it has been started against them, you see that any error of name is merely a technicality - and in the interests of justice you will agree to a correction of the name when the claim is eventually heard by the court.

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This may be of use on checking DSG Retail Ltd on FCA their Interim Permissions Reference Number is: 004939

 

On checking 'Names' here is the list of Trading Names registered:

 

Currys, Partmaster, Black, Dixons Tax Free, Knowhow, Dixons Travel, Currys PC World Black, Currys Digital, PC World, Dixons, PC World Business

 

FCA - DSG Retail Limited.jpg

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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This is extremely helpful information.

 

It makes it much more relevant that you have sued them in the name of PC World. If you haven't sent the letter which I suggested above then write to them and tell them that as they have registered PC World as one of their official trading names, if they want to raise an objection and it will be best left to the court to decide and they can include it in their defence

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This is extremely helpful information.

 

It makes it much more relevant that you have sued them in the name of PC World. If you haven't sent the letter which I suggested above then write to them and tell them that as they have registered PC World as one of their official trading names, if they want to raise an objection and it will be best left to the court to decide and they can include it in their defence

 

Excellent advise.

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Okay. No problems.

 

When is the return date?

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That's the one.

 

Great - check MoneyClaim regularly for the first opportunity to apply for judgment

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  • 3 weeks later...

I suggest that you don't agree to mediation.

 

Please would you post up the defence in PDF format. The type version that you have post up here is really far too difficult to read.

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Surprise surprise they have rejected my claim

 

PC World has rejected the claim. They’ve suggested mediation to help resolve this dispute. So Shall agree to a mediation?

Below statement is incorrect

 

On point 8,

(d) This was the 6th incident to damage which occurred to the tablet since purchase

 

In total I've had 6 item under whatever happens

Laptop - for 3 years - ended Dec 2017 - never claimed

3 Samsung tab2 tablets - still under whatever happen warranty - never claimed

2 nexus tablets - the 6 incidents claims where all against these 2 tablets

 

These are the 6 incidents

 

02/15 – dropped – Different tablet

08/15 - psu & docking port damage – Different tablet

11/15 - dockport damage - Different tablet

06/16 – bent – Claim tablet

10/16 - screen damage - Claim tablet

03/18 - dropped in bath - Claim tablet

 

now let me clarify these 6 incidents, I had two nexus 7 32gb from pc world, one was the first edition & then this one which was the nexus 2 I bought in 2014. The first one I don't even have under warranty anymore I stopped it a couple of years ago. The first one had a design fault where the charge port or docking port as they call was very wide & wouldn't hold the charger in even from new. Then I realised this after getting it changed a couple of times. The first three repairs ( 02/15, 08/15 & 11/15) I believe they have confused for the older Nexus. With this the newer Nexus 2 tablet I thought I only had one repair when the screen was damaged but I remember taking it when there was a software issue & it wouldn't power up, I only noticed now they have put that down as bent when it wasn't bent at all.

pcworld.pdf

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The point about the identity of the defendant is merely a technicality. By and large you can ignore this. It can be referred to later on.

 

Paragraph 4 – according to the know-how document that I have seen, – the description is completely misleading because also refers at the very least to "mishaps". I think that their attempt to evade this is a serious omission and the court will tend to take a dim view.

 

Paragraph 5 – is difficult to reconcile the idea of "neglect" with the idea of "mishaps". They seem to be contradictory and meaning and I would have thought that the court will prefer an interpretation which favours the consumer.

 

Paragraph 8 – on the basis of what you say, they have either confused themselves or else they are deliberately misleading the court. Either way, on the basis of what you say, the court will not be impressed.

 

Paragraph 9 – the basis for you returning it was that it had been dropped in the bath. Other damage that they may have found but which you did not claim for, is not relevant and in fact shows that you didn't wantonly invoke the know-how agreement.

 

In any event, the know-how agreement is a periodic agreement based on a month by month rolling basis. The defendant was happy to keep on providing the monthly cover and happy to receive the premiums despite the fact that there had been previous know-how policies and which have been claimed upon.

 

The next step is to do nothing but wait for the DQ.

 

There is no point in making any reply to this defence at this point. You can wait till much later on and then we can put together a reply or a skeleton argument and take it into court.

 

Their best solution would be to pay you are and then to refuse to give you any more know-how agreements they feel so strongly about it.

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what is my next step? will the court still make a decision based on the their defence? or can I email money claims with my argument to their defence? how long shall I wait now?

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You obviously haven't done any preparatory reading about bringing a county court claim. I think you should do so. It's very important for your own sense of confidence.

 

No decision will be made by the court. The next thing you receive will be a directions questionnaire. Please start reading up on county court claims. There is lots of information on this website.

 

You have nothing to worry about and the worst that can happen is that you may lose your claim fee – and possibly the reasonable cost of their travel. However, I think your chances of winning are very high. I think their defence is extremely poor and certainly very predictable

 

There a lot of information on this forum, Don't know if I've confused myself more of learned anything ;-) I'll play it by ear, I'll await the next step from the Courts, they said I had to reply by the 16th if I wanted agree for a mediation but I won't bother replying to that mail. I just hope they let me put my side of the story over before they decide.

 

There are three possibilities now.

 

Either they will put their hands up.

Either they will try to bluff you and see if you are prepared to pay the hearing fee and then they will put their hands up.

Or you will pay the hearing fee and there will be a hearing at which you will have an opportunity to put your case. You will probably win – but you will have to be prepared and calm and confident.

 

You could usefully read our making a court familiarisation visit guide

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A court familiarisation visit is out the question as difficult to get time off work. I'd be lucky to get the time off if it does go to court in the end.

I will just have to bite the bullet & just turn up & tell them as it is, got nothing to hide, not like I'm a criminal, leave the rest to fate.

if I was a betting man, i'll guess the going to try call my bluff & see if I'm prepared the fee & even take it to court.

I'm surprised the courts don't ask for my side of the story beforehand to respond the defences case.

How are the hearing fees, £100? & I should get this back if I do win?

Big risk, not knowing how the court system works or process, just a novice but I don't want them fleecing me like this.

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If you win then you get all of your fees back.

 

Although we are jumping the gun here, if you end up at the hearing, then the trick is generally to say as little as possible. Don't start going into big long explanations.

 

Your main points are that you had the insurance cover and it is clear that it is intended for "mishaps"

the fact that the defendants are even trying to avoid using this word in their defence suggest that they are trying to avoid their responsibility

the defence have pointed out that you have had a number of claims over the years. However, they have not told the court that these claims relate to completely different policies and that in fact you have held a number of policies over the years.

In respect of this particular tablet, this is the first time there has ever been any claim.

The defendants are not bound to continue the insurance cover. It is on a rolling monthly contract and if they had decided that you were too much of a risk, they could have terminated the arrangement with one months notice. They chose not to.

 

Anyway, let's wait until we see if you get a hearing – and if so then we will prepare a few documents and some arguments.

 

As I say, the important thing is to keep it short. Make your point and then shut up.

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  • 2 weeks later...

Yes. Don't fret.

 

I'm trying to remember what has happened here – you have this you claim. They have filed a defence. You are now waiting for a Directions Questionnaire. If you are at all concerned then give the court a ring. They can be very inefficient sometimes

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