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

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3953 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

Hi, this matter has been ongoing for some time, and I really need to sort it out now.

 

Myself and a colleague made a report on somebody at work for gross negligence. Now I'm really not one for telling tales, but this person was responsible for the death of somebody in their care and was about to do it again, so I think we were justified.

 

The person in question was suspended but reinstated after the management identified a "training need".

 

Since this person returned to work, both myself and my colleague were threatened both in person and by malicious telephone calls. The police were involved and issued a warning.

 

My employer did nothing.

 

Some time has passed, and I have now received death threats by way of text message. I have gone back to the police who are investigating, and I strongly suspect it is this person. They have said it will happen at work with a knife.

 

My employer is doing nothing.

 

My question is this.

 

If the police investigation cannot prove "beyond reasonable doubt" who is responsible, will I have enough for a civil case with a diary of incidents and a file full of emails to my manager that went unanswered?

 

This harassment started since the report was made. Nobody else has an axe to grind with me.

 

Many thanks for your help :-)

Link to post
Share on other sites

How did the deasth come about? was it a colleague or a client/patient/customer? Was the HSE involved? If so then try and find out how things were reported and by whom and if they are not part of the management dealing with your suspected harasser then take the matter up with thm as a health and safety issue, not protecting the employee (you). This may seem an odd way of approaching things but the burden of proof shifts dramatically with H&S issues and the action taken can be immediate. It could be that the management have serious training problems that they dont want advertised and this is their way of keeping it under the radar so an ally elswhere in the organisation will help you.

Link to post
Share on other sites

I think you're being a bit premature. Let the police complete the investigation first.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

The police completed an investigation last year. He was issued a harassment warning on the other member of staff and was arrested for making threatening phone calls to me. He used a mobile phone from work to make the calls and because that didn't prove beyond reasonable doubt it was him (only my word that it was his voice) it was passed back to my employer to deal with it internally. They took no fuirther action.

 

I do believe these latest messages are from him as they use the same wording as his calls, and refer to both myself and the other member of staff involved.

 

I need to ask the police to trace the sim card used, as it was not a work phone. That will take a little time I know, but I wondered, if the police still can't prove for sure, is there enough for a civil case against him? I'd also take my employer for failing to protect me from violence at work.

Link to post
Share on other sites

fastest route would be a restraining order for which I suggest a lawyer

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

 

I do believe these latest messages are from him

 

In law this translates to i have zero evidence and am guessing (fair enough an informed guess)

 

It's a horrible situation to be in but i think you have to be patient and hope this person slips up to an extent that they make a mistake and leave a piece of evidence which is irrefutable that it was them.

 

The only positive to this is that the more grief you get the more chance of this happing is the outcome, if it was me and i got a text i'd make sure i was a happy as larry when near them the next time i saw them as it may motivate them to think "right........................................"

 

It's the old adage of giving them the rope to hang themselves with

Link to post
Share on other sites

Have you made a formal written grievance to your employer setting out why you believe the threats are coming to this person, and asking them to take appropriate steps in accordance with their duty of care? If not, you should consider it. Written documents are much more difficult to fob-off than verbal requests and if this did end up in court you would want a paper trail.

 

Noone can give you a definitive answer whether you will have enough for a civil case. It sounds like you have already some evidence. Trying to give a more definitive answer at the moment is a little pointless because you don't yet know what evidence the investigation will turn up.

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Link to post
Share on other sites

My aim is justice. I don't want cash. Why would I want cash when there is a direct threat to my life?

 

I did grievance it and also requested a dignity at work investigation. Both were denied due to lack of evidence. The police found the previous malicious calls were coming from a mobile phone registered to my employer. As phones are not booked out to individuals, it didn't prove beyond reasonable doubt. It was handed back to my employer for an internal investigation and was closed. I have no other problems with any other colleagues. Plus, I recognised the voice as his. But it's still my word against his.

 

These latest messages are from a mobile not registered to my employer. The police are doing a subscriber check which will tell us where the sim card was bought and how it was topped up etc.

 

The content of the text messages say that I am going to be killed whilst on duty, with a knife. They also mention my other colleague is also going to be killed and that the police can't help us. They used words that were used in the calls from last year. (You cowards etc.)

 

Everything points to him.

 

My employer is doing absolutely nothing. Not even asking him about it.

 

I'm so frustrated at their lack of urgency and lack of care it's astounding.

Link to post
Share on other sites

if it isn't about money then messing about with a civil case which may take months to come to court is much less effective than a restraining order.

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

look for a new job!

Sure. Plenty of them around. And with a grievance in hand that makes an excellent reference.

"Ask not what your country can do for you, ask what you can do for Poundland"

Link to post
Share on other sites

Well never say never always think there is something

 

Plenty of work experience for £0 a week at Poundland.

"Ask not what your country can do for you, ask what you can do for Poundland"

Link to post
Share on other sites

Yes that's true but there is always something if you look around, may not be the best in the world but there is something for most people, I get a little fed up with people going on about not having a job, there are jobs if you look not for everyone perhaps and scream horror you might actually have to do some work and travel! but actually I wasn't saying get a new job I was saying look around because just coz you are doing one thing it dosnt mean there may be something else out there, tbh I got my current job with a throwaway CV wasn't actually looking was happy where I was and ended up with the best job I have ever had, and I am no Spring Chicken, and female and classed as disabled so it can be done

And if I were an employer and could get some work done for nothing I would ha ha

Edited by assisted blonde

If I have been of any help, please click on my star and let me know, thank you.

Link to post
Share on other sites

This thread has gone a little off the point. From qualifying as a paramedic, which took blood, sweat and tears as a single mother, to asking for advice regarding the legalities of a civil law suit, to being advised to "ditch" my career and look for something else.

 

I refuse to let this idiot win.

 

I've instructed a solicitor.

 

I have enough to go to a civil court.

 

Thanks for all your input guys x

Link to post
Share on other sites

ask about a restraining order while you have a solicitor... honestly, it'd be helpful!

Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...