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    • 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.              
    • 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...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Unsolicited Goods - Guitar


Guest Ibanez1070
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Guest Ibanez1070

A company with whom I hold an account and have made purchases from in the past have sent me a guitar I didnt order.

 

The guitar was added to my account with a price of £0.00.

The guitar duly arrived Addressed to me at my address, it came with an invoice that listed the guitar and a price of £0.00.

 

2 weeks pass and the company have now emailed asking for the guitar back.

 

Im fairly certain that although they may have made an error, I am covered by the unsolicited goods act and am under no legal obligation to return it.

 

Can anyone help me clarify this ?

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I'm fairly certain that because they have made an error and because you are aware of it, that you are not covered by the unsolicited goods act or other related legislation.

 

I'm not in a position to look up the detail of the moment that I would say that you are not only under a duty to return it, but also until you do you are under a duty to take reasonable care of it.

 

The sender of it would be required to make arrangements to collect it or to refund you any costs of returning it to them.

 

What's the value?

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A company with whom I hold an account and have made purchases from in the past have sent me a guitar I didnt order.

 

The guitar was added to my account with a price of £0.00.

The guitar duly arrived Addressed to me at my address, it came with an invoice that listed the guitar and a price of £0.00.

 

2 weeks pass and the company have now emailed asking for the guitar back.

 

Im fairly certain that although they may have made an error, I am covered by the unsolicited goods act and am under no legal obligation to return it.

 

Can anyone help me clarify this ?

 

Firstly, did you contact them pointing out their error, and offering to return the goods (at their cost). If so: they are yours provided they didn't ask for them back within 2 weeks of that letter.

 

If not, then it will depend on if a court would decide these were truly unsolicited / sent as a marketing gimmick or s*c*a*m (where they will be yours), or if it was a genuine error by the company (who you have had previous business dealings with) where they can require them back, or for you to pay.

 

I suspect that legally (as well as morally!) the latter applies. Do the right thing, though you shouldn't be out of pocket for returning it, it should be at their cost and by a suitably insured method.

 

https://consumerarbitration.co.uk/2018/11/01/unsolicited-goods-your-rights/

Edited by BazzaS
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Guest Ibanez1070

Thanks for your reply and input.

It may well fall outside the scope of the unsolicited goods act. (which can be quite a grey area)

That does not mean I have a legal obligation to return the item or that this situation is not covered "by any other related legislation".

It was not misdelivered, it was sent in my name with a covering invoice.

 

The value is irrelevant at this point as it is supplied to me with an invoice stating its value is £0.00.

The invoice I possess and the entire electronic audit trail show that the goods were sent to me at £0.00 cost, ergo I am currently in legal possesion of the item in my understanding.

 

Be happy to hear your further thoughts. :-)

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Guest Ibanez1070

Thank you kindly.

 

Morally im not interested in doing the right thing with regards to commerce and legally I have a bill of sale so I would "suspect" that they dont have a leg to stand on.

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You've had 2 replies explaining why you can't just keep it. You haven't explained why you believe they are wrong.

 

It seems that you aren't actually after advice, but only validation of your (incorrect views). Legally, you are wrong. The fact that you are also morally wrong, and aren't interested in 'doing the right thing' either: I hope they sue you, and win. Good luck.

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Thread moved to the appropriate forum....Online Stores...please continue to post here to your thread.

 

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Andy

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Thank you kindly.

 

Morally im not interested in doing the right thing with regards to commerce and legally I have a bill of sale so I would "suspect" that they dont have a leg to stand on.

 

Youre wrong. Totally, and if the company wanted to chase it up, theyd be quite right to go for legal action to recover it.

 

I dont think theres anything more to say as you have been given the correct advice regarding the law, but y ou want to completely ignore it. The law says that if the company is aware of their mistake and notify then they can recover. Youre just choosing to ignore that hoping for a free item.

 

Whatever you choose to do, good luck. Youll need it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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Just because the invoice says zero charge does not mean the item has zero value. You have had previously dealings with the company so they are classed as goods sent in error, not unsolicited goods

It may be a replacement for someone else and by human error sent to.you.

Send it back, at their expense.

Stop looking for a freebie.

Edited by sgtbush
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they were sent by mistake and you were a previous customer so NOT unsolicited goods.

Nothing to do with morals, it isnt yours and you must make it availbale for them to collect. they have a year to sort this out, not a fortnight.

a bill of sale merely includes the details of the transaction and it is correct, you havent paid for it and that is not the same as saying that it is of no value nor that monies are not expected. I suspect what you have been sent is actually an advice note or packing note and these are not part of the contractual terms. That makes it even harder to claim that the item is unsolicited.

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