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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?    
    • 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...
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Cancelled Holiday Insurance Useless


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We booked a holiday on Jan 08 for Dec 08 party of 4.Paid low cost deposit + travel insurance total £190.Now the other couple have backed out cant afford the holiday so i phoned Direct Holidays and they now say we have to pay the remainder of the deposit £360 ! just to cancel the holiday.And the insurance wont reimburse this amount.Is this how it works as never had to cancel before ?

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Dammit that would be me then :evil:

May prove difficult trying to get the amount from other party.

The balance of the holiday isnt due until Oct am i right in thinking we can wait up until then to cancel and still only incur the lost deposit fee ?

Thanks for your help BTW i think a lot of people probably get caught out like this.

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You will need to check the T&C's to see the cut off dates for cancelling without having to pay more than the deposit. If you are certain that the others can't now afford to go, it may be best if you cancel sooner rather than later. Otherwise you may forget to cancel at the right time and end up having to pay more. As for getting monies owed from the others, hopefully they will honour any amounts owed to you. Good luck

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Balance due usually means the remainder of the cost of the holiday - IOW, it has to be paid for in full by 26th October.

 

Forget the 'holiday form' and look at the T&C as advised. These will undoubtedly have a sliding scale of cancellation charges. The nearer to the departure date, the more you will have to pay of the whole balance in order to cancel.

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Its 56 days before departure which is the 26th of Oct.Any later than that then we have to pay more than the deposit.

Could we sell the holiday to someone else ?

Its a popular date 2 weeks in Tenerife from 21st Dec till 4 Jan.

Edited by SilverBlack
typo
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Dammit that would be me then :evil:

May prove difficult trying to get the amount from other party.

The balance of the holiday isnt due until Oct am i right in thinking we can wait up until then to cancel and still only incur the lost deposit fee ?

Thanks for your help BTW i think a lot of people probably get caught out like this.

 

You might also need to check if the Low Deposit had any terms. Some say the remainder of the deposit has to be paid by a certain time.

 

Sue

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Hi, as has been said, if you decide to cancel you as lead passenger will be liable for the whole amount of the deposit. As you have paid a low deposit, you will have to pay the difference between the low and the normal deposit price.

 

You must get this sorted before the 56 day cut off point. Either you and your partner go on the holiday without the other 2 and make up the difference in under occupancy charges (could be expensive) or get the other 2 numpties to pay their share. Alternatively, ask your other friends or perhaps family if they want to go with you instead, I notice that Direct charge 30.00 pp for the pleasure of changing names on a booking.

 

Best of luck.

Loubychew

 

I am not a travel lawyer. All info is based on my own experience of working in the travel industry in resort.

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Hi Louby, we have no option but to cancel as there are no 1 bed apartments left and the cost of under-occupancy will be horrific.

The "numpties" are still refusing to pay and have buried their heads in the sand.Ive got one last call to make today to the credit control dept of Direct to see what they say then i will ask the "numpties" to phone direct to cancel the holiday themselves and see how they get on !

I may be starting a new thread in one of the other forums soon in an attempt to reclaim the money off the "numpties" !!

Not sure of the process in Scotland as we dont have the small claims court here.

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Yes, you do, you just can't do it online, and the process is slightly different.

 

There is no point in getting your friends to call the holiday company themselves, it isn't their contractual obligation and what is that going to achieve?

 

They have however a contract (verbal or otherwise) with you, and you should definitely get their portion of the holiday back from them. In fact, I would go after them for the totality of the cost, why should YOU be out of pocket because THEY decided to cancel? Or you could decide to go, and expect them to pay for the diffference the under-occupancy will come to. Either way, there is no reason why you should be left paying for their change of mind.

 

I hope they weren't close friends. :rolleyes:

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Hi SilverBlack,

 

I use numpty all lot, ha ha. Its a polite way of calling someone something much worse! I think it is a northern thing.

 

Not very nice frinds are they? I would be mortified if it was me and would pay you straight away. This is a horrible situation, I hope you get it sorted soon.

Loubychew

 

I am not a travel lawyer. All info is based on my own experience of working in the travel industry in resort.

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Hi Louby we use numty up here too and these are a right pair.Unfortuanetly they are my wife's brother and his partner.

He refuses to take phone calls now and is plain lying about calls he has made to direct holidays.I sent off a cancelation letter and when i get the reply from direct will go over and show them the score in black & white.

If that still doesnt have the desired effect then its off to court with them.

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Hi SilverBlack,

 

Makes it harder when its family.

I don't think he can have called Direct. Usually they won't speak to anyone but the lead passenger.

 

What a pair. :mad:

Loubychew

 

I am not a travel lawyer. All info is based on my own experience of working in the travel industry in resort.

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  • 2 years later...

I know im a bit late in replying to this thread :oops: but here was the outcome in case it happens to anyone else.

The numptys never did pay up and point blank refused to have anything to do with it and kept saying ignore them (Direct Holidays) they wont chase you up ye right :evil:

We advertised it for sale and we recovered all of the money we had paid.

However it wasnt that simple and it entailed changing the named party one by one (£30 charge) until all had been transfered over.It took many phone calls until we got a CS agent who understood the problem and was willing to help but got there in the end.The bonus for the buyers and us was they got a big discount on the final price as they were taking 2 children with them and got quite friendly with them they paid the transfer charges so we were not out of pocket :)

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Yep we booked a week in Fuengorola for over Xmas :)

On a side note the other couple had booked to go away to Costa del Sol next month at her brothers villa but a bust up means they are not going now and have lost their flights they had paid for.....karma.

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