Jump to content


  • Tweets

  • Posts

    • 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.              
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Help with what happens next please!!


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5376 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I have filed a small claim using the HMCS online service although now having read some of the threads on here it would seem that was somewhat foolish! Anyway, tis done...

 

The defendant hasn't as yet responded as far as I know. The deadline for his response is today. From reading other threads I know I need to phone the Court tomorrow and check nothing has been received but my guess is that it will not have been and I will need to enter judgment in default. This man seems to be a bit of an Ostrich and has buried his head in the sand thus far!

 

Having potentially boobed on the initial claim, I'm looking for a little assistance from this point forward in order to get what I want out of this: A full refund plus Court costs and interest and to give the car back!

 

Can anyone help?

Link to post
Share on other sites

Hi Wino, thanks for the reply;

 

I purchased a car from a car dealer/trader and at the time I had a good look round the car & drove it up the road - I am not a mechanic though and the test drive was also fairly lame!

 

I did pick up that the car ran 'lumpy' and I was advised by the dealer that it was to do with the speedo sensor being replaced recently and because the car had been 'reset' it would take a few thousand miles to settle down I bought into that (Oh my God I sound like a right blonde dumbshell now!) and paid my deposit, the car was delivered the next day and I paid cash.

 

2 days later once I had managed to insure it, I discovered that not only had the clutch worn out, the idle control valve is faulty (which causes the lumpy tickover), the gearbox has a spring missing and the speedometer fails intermitently, indicating that the sensor was not replaced as he said!

 

In addition to this, when the car was being looked over by a friend of mine (Which in hindsight I know he should have done before I bought it) he told me that the car has never had ABS fitted (it is advertised as having it and the dealer specifically mentioned it when we were doing the paperwork - he even added it to the warranty).

 

When I approached him by telephone he was abusive, condescending and totally unhelpful, referring me to the warranty Company and suggesting I had not read the terms of the warranty when I told him they would not pay out for the clutch as it is wear and tear.

 

I would like to point out at this point that the clutch did not slip on the test drive.

 

I wrote to him asking for either

a) a straight refund or

b) for the clutch and idle control valve to be fixed

 

I was prepared to accept the gearbox problem & the speedo sensor as minor issues and indeed the gearbox would be covered under the warranty.

 

He ignored my letter so I sent a letter before action, gave him 7 days to reply and then issued on 17th June 2009. The claim was deemed served on 22nd June 2009 and I phoned the Court at 1pm, they have received nothing yet and they are in Northamptonshire (We are in the South) so unlikely to receive anything today.

 

Any help gratefully received!

 

V

Link to post
Share on other sites

Guest wino

I found this link to autotrader explaining your rights buying from a trader and a private sale

Car Buyers' Legal Rights - Auto Trader UK

 

From what I can gather if he is a trader/dealer you have rights under the sale of goods act.

 

I would expect him to fix the gearbox and speedo aswell.

Link to post
Share on other sites

Since it was advertised as having (and specifically mentioned/confirmed by the dealer at the time of the sale) that the car had ABS, and it actually has not, then the car is not as described and thus you're are entitled to rescind the deal entirely and get a full refund. (see the second bullet point of Wino's link above)

Link to post
Share on other sites

He hasn't kept to his side of the contract, has mis-described the car and it's condition, and 'lied' about the speedo sensor.

If what he said about the speedo sensor was correct, all the new cars of this model would have dodgey speedos for the first couple of thousand miles.

 

I don't agree with the 'blonde' bit, we have to put our trust in others at sometime and this man obviously took advantage of you.

 

As the others have said, you should reject this car for a full refund. This 'must' be done in writting and would best be sent recorded delivery.

 

Don't accept the repairs, it hasn't got ABS, and that can be a life saver.

Link to post
Share on other sites

Thanks for all the replys - however I am aware that I am entitled to a full refund. I am not bothered by the lack of ABS, I have never had it before and do not miss it!

 

I have actually filed this claim and he has not filed an acknowledgement, I am just looking for assistance with what happens next, other than him having a CCJ against him?!

 

Many thanks

V

Link to post
Share on other sites

Guest wino

Sorry I was going to post again but I have a visitor so I will reply later unless someone else beats me to it

Link to post
Share on other sites

  • 3 weeks later...

Hello again...

Well he failed to get his defence in on time I suspect that he thought the 28 days was from the date he acknowledged the claim and not the date of service - hey, not my fault he's a muppet!

 

So the Court has judged in default and sent him the order.

 

So again, my question is what happens next? What if he just ignores the order?

 

V

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...