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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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Cancelled insurance while claim active - HELP!!!!!


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I recently bought a car and insured the car through Swinton. I paid the 1st payment via debit card. Four days after I started the insurance I was involved in a car accident. I raised the claim and the insurance underwriter started with the body repairs. On the 1st of March my normal insurance instalment went off my bank via DD. On the 4th of March I received a letter from Swinton stating under the terms of the "terms of the credit agreement" (relating to monthly payments), the full balance must be paid in full. I contacted my local Swinton branch requesting they state in writing the full amount and detailed cost breakdown and that I will pay the outstanding amount in branch, which the Swinton agent agreed to. Since the body repair shop is still waiting for two parts my car has not been repaired yet. I recently received a "cancellation of car insurance" from the broker stating the cancellation will take effect in 7 days.

 

I have many questions:

1. Is it legal for Swinton to cancel insurance without stating the reason?

2. What are the implications to repair my car as my car has not been repaired and returned and they have given me 7 days notice of cancellation?

3. What legal recourse do I have?

4. Other than the FOS, who will take this complaint to task?

5. Is there a lawyer that have taken a case this this and won? What's the contact details?

 

I look forward to your advise. :mad::evil:

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Because you have claimed so early within the policy term, I presume Swinton want the remainder of the full annual premium to be paid now. This is covered in the terms of your policy I guess. They would not say it was, if this was incorrect, surely.

 

So my advice is to phone them and find out what is due and pay them.

 

If you don't pay them I guess they won't pay to repair the car, the policy will be cancelled and you will then have problems arranging cover elsewhere.

 

Once you have paid them the premium and avoided the cancellation, you can then make a complaint about the way they have handled this. If they won't make amends and offer an apology, you could then go to the FOS out of spite, which will cost Swintons a £500 case fee and you nothing apart from the postage.

 

1) Yes, there is a clause in the policy allowing Swinton to cancel after giving 7 days notice in writing.

2) They won't pay to repair the car. Failure to comply with contract terms to pay premium due.

3) Very little, unless Swinton have breached any terms of contract.

4) Complain to Swinton, but only after you have paid.

5) Pass.

 

Don't fight this now. Do as Swinton have requested by paying what they say is due and then make a complaint to them, going to the FOS if necessary. If you try to fight this now, they will cancel. You will then be in a really difficult position. A damaged car, more expensive Insurance through a company that specialises in providing cover for cancellation/voidance risks and be stuck in a long winded complaints process, when there is no certainty of success. Swintons can take up to 2 months to look into a complaint and the FOS is currently taking more than 6 months.

 

Ignore this advice at your peril. Swinton are a bunch of amateurs, who do not care if they make a customers life a misery. Have a look at some of the horror stories online, where people have been fighting them for months, if not years.

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Since Swinton are brokers I am assuming that the Insurer concerned is asking for full premium before authorising repairs, which is most unusual when a car is to be repaired, it's more likely when the car is a total loss.

 

Ask Swinton exactly why they require the full premium to be paid when you had a credit agreement spreading the premium over 12 months

 

Mossy

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