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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?    
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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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Need help re: sofa & two armchairs purchased from SCS


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Hello everyone from a newbie. :-)

 

I will try and keep this as short as possible.

Hubby and I purchased a three seater sofa and two armchairs from our local SCS end of last November.

We found it all to be very comfy etc.

It was purchased through Creation Finance who SCS use.

 

It was delivered, all looked fine, the delivery men left and then we tried it.

What a shock we had.

It was so uncomfortable.

The back cushions are stuffed so full, you can't sit on the seat cushions properly and feel like you are being pushed off.

My back started aching within ten minutes of sitting there.

 

I know the show room models are sat on a lot, but the difference between that and our model as in terms of the fullness of the cushions and comfort, are huge.

The store manager refused to take the sofa and chairs back, and give us a refund.

 

I said would he take them back and let us choose a different sofa and two chairs, but he said no.

I was then told to contact their customer service department.

 

I could not believe how bad an attitude the lady I spoke to had.

Cold, blunt and uncaring, to name but a few.

 

They sent a technician out who worked for them!

He said that the cushions were filled very full, right up to the brim, and all he could do was take some of the stuffing out, which would then leave the material slack and loose. He also said that if we kept the sofa and two chairs, it would take at least a year for the back cushions to flatten enough to become comfortable.

We were not prepared to do this.

 

SCS had his report and still refused to do anything.

I contacted Trading Standards who said to contact ADR (Alternative Dispute Resolution).

They took forever and a day to make a decision, which is that SCS do not have to do anything.

 

We were so taken back that the ADR sided with SCS.

So the bottom line is, we are stuck with a sofa and two armchairs which we have never used (they are stored in one of our reception rooms) and for which we are paying £48.00 per month.

 

We are still using our old three piece sofa and two armchairs.

Trading Standards had also told us to contact the finance company as the sofa and chairs belong to them until we have made the final payment.

However, the finance company did not want to know and just said for us to deal with SCS.

 

Do you all think it is worth ringing Trading Standards again to see what they say or even taking SCS to a small claims court, and hope that they settle things before it ever went to court?

 

Any advice, help etc.

 

would be very gratefully received.

 

Thanks very much.

Edited by dx100uk
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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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then as they are 'faulty' and you reported this within 30 days

under CRA they cant quibble at all, full refund please

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you for all of your help. I totally agree with what you're saying, but I just don't know where to turn now as SCS don't want to know due to the decision of the ADR. Do I contact Trafing Standsrds again or do I take SCS to the small claims court? I really just don't know where to go from here. :-(

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well have you ever quoted CRA to them?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Thank you so much for all of your help.

It is very much appreciated.

 

Do you think I should send a letter to SCS head office stating that under the CRA Act I am fully entitled to a refund and if they don't comply I will take them to the small claims court?

 

I still think though they will say that as the ADR have found in their favour, they're not prepared to do anything.

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IMHO they cant, you had a short term right to reject as it was not fit for purpose = refund in full

 

yes write to them.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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