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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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Paypal witholding my money in 2 accounts


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Cookie--contact the buyer and explain your situation.

 

Go to cash converters or similar tomorrow morning,flog the laptop and send the money to your original buyer.

 

..................................Cash 'Hardly Any Cash' Converters..........................................

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For Ebay, the DSR only applies to buy it now auctions.
That's incorrect. I know the OFT guidance has muddied things up, but if you read the DSR, it si very clar that it isn't the case at all and that e-bay purchases are in fact subject to DSR, whether BIN or not.

 

Cookiemonster, it is a civil matter if he takes you to small claims. If he makes a complaint against you to the police and they charge you, then it is criminal.

 

If you send the goods now and he returns them, broken or not, you'll only have yourself to blame, I'm sorry to say, and from a legal point of view, he doesn't even have to damage the goods, he can just send them back as previously explained and all that will have happened is you will have had courier costs on top. You created a situation from which you are now finding impossible to extract yourself, but regardless of your buyer's attitude, you caused all this aggro to yourself.

 

I know you said you can't, but you are going to find the money somewhere and repay him and fast, it is the ONLY solution now that won't leave you open to a lot of trouble. I assure you that determined e-bayers who want to find out where the seller lives can find out.

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Sorry but i can lower myself to take it to Cash Converters, I haven't been in there for years but they pay peanuts for everything, I would be very lucky to get £50 for it and it's still in as new condition and cost me over £500 a few months back.

 

That isn't going to help is it????

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That's incorrect. I know the OFT guidance has muddied things up, but if you read the DSR, it si very clar that it isn't the case at all and that e-bay purchases are in fact subject to DSR, whether BIN or not.

 

Cookiemonster, it is a civil matter if he takes you to small claims. If he makes a complaint against you to the police and they charge you, then it is criminal.

 

If you send the goods now and he returns them, broken or not, you'll only have yourself to blame, I'm sorry to say, and from a legal point of view, he doesn't even have to damage the goods, he can just send them back as previously explained and all that will have happened is you will have had courier costs on top. You created a situation from which you are now finding impossible to extract yourself, but regardless of your buyer's attitude, you caused all this aggro to yourself.

 

I know you said you can't, but you are going to find the money somewhere and repay him and fast, it is the ONLY solution now that won't leave you open to a lot of trouble. I assure you that determined e-bayers who want to find out where the seller lives can find out.

 

Hang on a minute Bookworm, Today i offered to send the item on Monday but then i started receiving emails threatening me and demanding a full refund by the end of the day, Then he said he had already contacted the police and would be passing the matter onto a private debt collector.

 

I was more than happy to send the item, I have bank statements, emails and other proof that I booked a courier to collect this item and they failed to turn up twice!!!

 

Then today i offered to send it on monday because i am a genuine honest person and i started receiving all these unpleasant messages from the buyer.

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Cookie--I don't think that you appreciate how much s*** you are in.

 

you've sold a laptop and spent the money and have refused to send the laptop to the buyer.

 

If you don't deal with this immediately it will get worse.

 

Contact the buyer and explain your situation and come to some sensible resolve if you can but bare in mind that you, and only you, are in the wrong here.

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That's incorrect. I know the OFT guidance has muddied things up, but if you read the DSR, it si very clar that it isn't the case at all and that e-bay purchases are in fact subject to DSR, whether BIN or not.

 

From Ebay:

Check the seller’s return policy

 

Before you start a return in our Resolution Centre we recommend that you check the seller’s return policy. You can review the seller’s return policy on the view item page.

According to Distance Selling Regulations consumers who purchase items from a business seller over the internet, where there is no face-to-face contact between the seller and the buyer before the contract is made, generally have the right to return the item within 7 working days after the date of receipt.

Some items are excluded from the right of withdrawal. Business sellers are obligated to inform consumers about their right of withdrawal before the purchase. Private sellers may voluntarily offer returns.

The Distance Selling Regulations usually cover sales made over the internet, including:

  • Buy It Now listings on eBay.co.uk
     
  • Second Chance Offers on eBay.co.uk
     

The UK Distance Selling Regulations do not apply to eBay auction format listings on eBay.co.uk. [/url]Learn more about the distance selling regulations .

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I'm in the wrong even though i said to the buyer i will send it monday?

 

Why does that make me in the wrong if he suddenly turns round and asks for a full refund? I think the buyer created all these problems as i was ready to book a courier to collect it on monday until i started getting threats and numerous slanderous and abusive messages.

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From Ebay:

Check the seller’s return policy

 

Before you start a return in our Resolution Centre we recommend that you check the seller’s return policy. You can review the seller’s return policy on the view item page.

According to Distance Selling Regulations consumers who purchase items from a business seller over the internet, where there is no face-to-face contact between the seller and the buyer before the contract is made, generally have the right to return the item within 7 working days after the date of receipt.

Some items are excluded from the right of withdrawal. Business sellers are obligated to inform consumers about their right of withdrawal before the purchase. Private sellers may voluntarily offer returns.

The Distance Selling Regulations usually cover sales made over the internet, including:

  • Buy It Now listings on eBay.co.uk
  • Second Chance Offers on eBay.co.uk

The UK Distance Selling Regulations do not apply to eBay auction format listings on eBay.co.uk. Learn more about the distance selling regulations .

 

It said no returns in my listing and it was a buy it now so the UK Distance Selling Regulations do not apply anyway so surely if i send it monday he cannot return it?

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Hang on a minute Bookworm, Today i offered to send the item on Monday but then i started receiving emails threatening me and demanding a full refund by the end of the day, Then he said he had already contacted the police and would be passing the matter onto a private debt collector.

 

I was more than happy to send the item, I have bank statements, emails and other proof that I booked a courier to collect this item and they failed to turn up twice!!!

 

Then today i offered to send it on monday because i am a genuine honest person and i started receiving all these unpleasant messages from the buyer.

Well, try to put yourself in HIS shoes! He sent you £500 in good faith, he hasn't got the goods he paid for and now you're also refusing to give him his money back? How would YOU feel if someone did that to you???

 

You are missing the point completely, so I'll make it very clear:

 

For whatever reason, right or wrong, he wants a refund.

He has an absolute right to his money back.

If he sues you, you will lose and incur additional costs and get a CCJ and possibly bailiffs at your door.

 

Forget this attitude, your courier problems, all that is irrelevant now,I am telling you the legal situation, and none of the things you have mentioned above will help you in mitigation.

 

If he wants a refund, you have to refund him. Full stop. The fact that you don't have the money anymore is not his problem, it's yours.

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I'm just going to send it via courier on monday but first i will get some relatives to witness it is all working 100% and even do video recordings etc etc and it will be sent to him.

 

I have just emailed the buyer asking him whether it is still acceptable to send it on monday!

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From Ebay:

Check the seller’s return policy

 

etc....

Yes, I KNOW what ebay say. And what e-bay say is NOT what the law says. E-bay for instance also says that in the case of faulty goods, buyer should shoulder the cost of P&P which is a blatant breach of the DSR.

 

If you start believing ebay are true upholders of the law, you are in big trouble. ebay's t&cs are fuller of holes than Swiss cheese. :rolleyes:

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Cookie--basically you don't want to listen to sound advice so I'm unsure as to why you started this thread.

 

You're convinced that you are in the right and want someone to agree with you but that's not going to happen.

 

Guess you'll find out the hard way.

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I'm in the wrong even though i said to the buyer i will send it monday?

 

Why does that make me in the wrong if he suddenly turns round and asks for a full refund? I think the buyer created all these problems as i was ready to book a courier to collect it on monday until i started getting threats and numerous slanderous and abusive messages.

 

You've been unfortunate and got a nervous buyer on ebay.

The delay probably made the buyer think they were about to be scammed.

Hence the over the top reponses.

 

IMHO This is never going to go away until buyer gets a refund.

And as you already said that the lappy may get returned in a different condition which opens a whole new can of worms.

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Yes, I KNOW what ebay say. And what e-bay say is NOT what the law says. E-bay for instance also says that in the case of faulty goods, buyer should shoulder the cost of P&P which is a blatant breach of the DSR.

 

If you start believing ebay are true upholders of the law, you are in big trouble. ebay's t&cs are fuller of holes than Swiss cheese. :rolleyes:

 

I'm well aware of the DSR but if you're saying that the ebay T&C regarding this is wrong can you provide any links to that effect?

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I received payment from the buyer last friday and booked collection/delivery for monday, DHL failed to show up on monday and wednesday and i have asked them for a refund!

 

Today i informed the buyer of this and said i would book another courier and get it collected on monday.

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