Jump to content


  • Tweets

  • Posts

    • 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.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 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
        • Like
      • 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

Small claims struck out


Irvarna2012
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3000 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

Please could someone help

 

 

i bought a car which went faulty after four months.

 

 

i am taking the dealer to small claims court.

 

 

i was given a date of 1st feb 2016,

took a day off work to attend

 

 

got back yesterday from holiday to find a letter from chesterfield court to say it has been struck out as i failed to comply with the previous order requiring the filing of evidence to be relied upon.

 

 

im no solicitor so having gone through the paperwork

i realised the court wanted me to get an expert to check the vehicle and submit his foundings.

 

 

im not sure what to do now as ive paid £3250 for the car

£185 for the initial fee and

then a further £355 for a hearing

which has now been struck out!

 

 

Can i ask to resubmit the case and if so will i have to pay again

i was due in court tommorow.

 

 

please help :sad:

Link to post
Share on other sites

It certainly seems very harsh, and I think that you will need to make an application using a form n244 to have the case restored.

 

You will have to explain that you are a litigant in person and that you did not understand the procedure and that it would be in the interests of justice for you to be given a further deadline to file all the correct papers.

 

You better be aware that the application will cost you about £155 – but I would expect that you stand quite a decent chance of success.

 

Does it say in the court order that the judge decided this on his own initiative?

 

I think that you should call court tomorrow and find out if the other side wrote to the court and asked for the case to be struck out. This is entirely possible and in this case, did you receive any notification? If you didn't receive any notification then this will be an additional ground for restoring the case.

 

However, let me say that simply because you are a litigant in person doesn't absolve you from complying with the basic requirements. The court will cut you some slack – but if there are requirements stated in the paperwork you receive then it is your responsibility to read the paperwork and to comply with requirements.

 

I understand that you missed it when you receive the documents – but it seems from what you say that really you didn't pay very much attention to what they were writing to you about.

 

Call the court tomorrow. If they say yes that there had been an application to strike out then asked the court to provide you immediately with copies of any application or any correspondence they received – by email if possible.

 

Come back here and tell us what you have found out.

 

When did you buy the car? Before or after 1 October?

Link to post
Share on other sites

Welcome to CAG Irvarna2012

 

Thread moved to General Legal Issues.

 

Regards

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thank you for the reply.

 

 

The court stated that both sides failed to comply

so im not sure what they asked the dealer for.

 

 

i bought the car in March 2015

broke down the same day i bought it back from Derby.

 

 

I gave him the benefit of doubt as he told me to take it to a local garage which i did

and he covered the cost of £250,

was a faulty control unit.

 

 

three days later it broke down again so back in garage another faulty control unit

he then paid again but the garage only charged him labour.

 

 

Then in July it completly broke down again whilst i was doing school run and i just had enough.

I wrote to him emailed him but received no response

then decided to take him to small claims.

 

 

I was advised by Citizens advice that under faulty goods act i can do this.

And now ive got all this to deal with as i dudnt read the paper work.

 

 

my fault i agree.

Link to post
Share on other sites

So you failed (and the defendant) to follow the Courts Directions once the claim was allocated (Directions are contained within your Notice of Allocation) after submitting your directions questionnaire.

 

Does the Notice of Strike out offer any redress ? ie time to vary set a side the Order?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Okay. The fact that both sides failed to comply will be helpful to you.

 

However, you will need to get a form N244. You can download one from the courts website.

 

In the section which says what you looking for and why, you need to put that pursuant to CPR 3.3 PD 5, you are asking for the order dated XXX striking out your claim to be rescinded or setaside and for the case to be restored and that new deadlines be set for the filing of evidence.

 

In the part that asks you for additional information, you should put

 

I am a litigant in person and I have never done this kind of thing before. I failed to understand that I needed to file certain papers in time for the hearing and because of my lack of understanding, the claim has been struck out.

 

I am making this application pursuant to CPR 3.3 PD 5

 

I am making this application as quickly as possible after receiving the strikeout order of the court and within the time limit set down in CPR 3.3 PD 5

I would like the court to consider the following points.

 

I am a litigant in person – and I will take more care in future.

 

I understand the defendant also did not comply with the requirements, however it is I the claimant who is suffering because not only have I a motorcar which does not work, that if I am not given an opportunity to pursue the claim, I will have lost my claim fee and also the hearing fee, whereas the defendant – who also has not complied – will have lost nothing and will have benefited from avoiding his statutory obligations as a commercial car dealer.

 

The defendant has effectively admitted liability because the car broke down on the first day and then on several subsequent occasions with the identical problem. The defendant tried to remedy the fault on two occasions but then stopped doing anything at all.

 

I believe that the defence has no valid response to make to my claim.

 

Given the fact that the defendant is a commercial trader and with experience in the industry and I merely a litigant in person, I would respectfully point out that it would not be in the interests of justice to allow this claim to be struck out merely because I have failed to comply with a certain requirement even though I agree that it is important.

 

I therefore ask the court in the interests of justice to exercise its discretion in this matter and to restore the case with adequate deadlines the me to comply with all of the evidential requirements that are desired by the court.

 

I apologise for any trouble and inconvenience I have caused. I will take far more care in the future

 

Because the order to strike out was made on the courts own initiative and without a hearing, I would respectfully suggest that the hearing is not necessary to consider my application.

 

I have sent a copy of this application to the defendant.

 

Make sure you fill out all the rest of the form carefully – without making any more mistakes.

 

In the part where it says do you want the application dealt with by means of the hearing – tick the box which basically means that you're not asking for hearing – I can't remember what it actually says.

 

The judge may still order a hearing – but it would be nice if he doesn't because it will be much quicker.

 

Where it says what level of judge needs to deal with this application, put "district judge"

Let us know if you've got any questions.

 

Get this off tomorrow.

 

Once you have sent this off, you need to telephone the court every Monday to find out if has been dealt with.

 

The reason you do this is because although the County Court staff are very nice, they are very under resourced and really quite inefficient. It is entirely possible that the matter will be decided and then for some reason or other they fail to let you know. Suddenly, a few weeks down the line, you find that there's been another strike out ordered because you haven't complied with the fresh instructions to provide evidence – simply because the letter rescinding the strike out was never sent you.

 

Stay ruthlessly polite with the County Court staff but call them every Monday starting from next week and just ask very gently has the matter been brought before the judge yet.

 

They may will say to you not to bother to phone because they will let you know – but still phone every Monday. Keep it polite. Keep it gentle. Whatever you do, don't antagonise the court staff. They are only doing their job and you need them on your side.

 

While you're waiting for this, go through the papers you already received – the ones that you ignored and understand exactly what's been asked and get ready to start acquiring the evidence they asking for.

 

Don't bother to actually begin acquiring it because you don't want to go to any further expense in case the order is not rescinded. However, if it is rescinded then the courts requirements will probably be identical so then you can leap into action.

 

However, if the order is rescinded, don't make the same silly mistake again. Read the papers carefully and make sure that they are asking the same thing, there might be some differences.

 

Let us know if you have any questions and let us know what happens

Link to post
Share on other sites

 

Does the Notice of Strike out offer any redress ? ie time to vary set a side the Order?

 

Good question. It didn't occur to me to ask

Link to post
Share on other sites

You may have to state within your application requesting an Order for relief from sanctions (CPR 3.9)

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part03#3.9

 

Court’s power to make order of its own initiative

 

And your application pursuant to CPR 3.3 PD 5

 

(5) Where the court has made an order under paragraph (4) –

(a) a party affected by the order may apply to have it set aside(GL), varied or stayed(GL); and

(b) the order must contain a statement of the right to make such an application.

(6) An application under paragraph (5)(a) must be made –

(a) within such period as may be specified by the court; or

(b) if the court does not specify a period, not more than 7 days after the date on which the order was served on the party making the application.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Great i will call the court tiday and akso submit the firm you have advised.Feel a little better niw that i may actually be able to do something about this.

 

Will keep you updated as to what the court says.

 

Thank you

Link to post
Share on other sites

I have made a couple of edits - in red, above - based on the information provided by Andyorch

Link to post
Share on other sites

Thank you for the reply.

 

 

The court stated that both sides failed to comply

so im not sure what they asked the dealer for.

 

 

i bought the car in March 2015

broke down the same day i bought it back from Derby.

 

 

I gave him the benefit of doubt as he told me to take it to a local garage which i did

and he covered the cost of £250,

was a faulty control unit.

 

 

three days later it broke down again so back in garage another faulty control unit

he then paid again but the garage only charged him labour.

 

 

Then in July it completly broke down again whilst i was doing school run and i just had enough.

I wrote to him emailed him but received no response

then decided to take him to small claims.

 

 

I was advised by Citizens advice that under faulty goods act i can do this.

And now ive got all this to deal with as i dudnt read the paper work.

 

 

my fault i agree.

 

I assume that you had to file a jointly instructed engineers report? Please can you type out exactly what the original Court Order that you breached says?

 

BankFodder has given you an excellent start, but I would also refer to CPR 3.9 and ask for relief from sanctions for failure to comply.

 

You must also refer to the cases of Denton v White & others; Decadent Vapours Limited v Bevan & others; Utilise TDS Limited v Cranstoun Davies & others [2014] All ER (D) 53 (July); [2014] EWCA Civ 906 (known as "the Mitchell 3") when asking for relief from sanctions for failing to comply with the Court Order. Pay particular attention to the 3 stage test and apply it to your situation.

Link to post
Share on other sites

I'm going to say right now that although Ganymede is probably right in what he is saying, I would suggest that you don't complicate the issues any more.

 

You have already told the court that you are a litigant in person and this is the reason why you didn't get your act together. If you then start putting together a highly technical document referring to all sorts of case law – which of course you don't understand anyway, I think that you are going to alienate the court.

 

You have to sign the application notice as a statement of truth and this means that you have to understand that the cases you are citing are relevant and what they are about.

 

I'm sorry to say that it is unlikely that you could manage to do this – and certainly in the time available.

 

Keep it simple as possible. I think that we have been technical enough and we don't need to make it any more convoluted

Link to post
Share on other sites

Good point BankFodder about the caselaw for a LiP but I still think the OP has a better chance if he understands and applies the law to his application.

 

However, it's an absolute must to at least refer to CPR 3.9 and request relief from sanctions as a minimum.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...