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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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@curryspcworld @TeamKnowhowUK refused to honour purchase


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This is not at all unexpected. At the very least you can expect to be tested to the point where you will have to decide whether or not to pay the hearing fee. When you pay the hearing fee they will then assess the situation again, make a decision as to whether or not they think you are serious and then they may decide to put their hands up because they consider it's not economically worthwhile defending.

On the other hand of course they may decide to go the whole hog and see you in court.

Please let us know when you get the directions questionnaire because there will be questions which we should probably help you answer. 

 

However before then, you should receive the defence. Please post the defence up for us to see. If by any chance they miss the date for filing the defence then you should move in immediately and apply for judgement. Monitor the time very carefully and go in immediately at the expiry of the deadline for filing a defence and apply for a judgement. However, they are probably unlikely to miss this deadline – but you never know

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Well thanks for your interest. I would say it's a foregone conclusion and its really just a question of how stupid they really want to be as to whether it gets sorted out quickly or takes some time

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Yep, I don't pretend to be as expert on this as bankfodder but I wholeheartedly agree with all his advice and your actions, what's the point of all the consumer law if no-one has the gumption to use it. As he says, its made to be suitable for the common man and this appears to be very simple legally.

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And I think you've hit the nail on the head.

There are lots of people who don't know their rights.
There are lots of people who do know their rights and don't have the confidence to enforce them.
And then there are people with the gumption

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  • 4 weeks later...

This is quite an extraordinary defence because according to my recollection you have said that you have got very clear written evidence of the fact that you ordered a completely different machine. Can you confirm

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yes. see post 17. i attached a copy of invoice with LBA

 

✅ Order confirmed: APPLE MacBook Pro 15... 2.pdf Invoice 2.PDF

Order Despatch & VAT receipt - APPLE MacBook Pro 15%22 with Touch Bar - 256 GB SSD 2.pdf

 

 the paper invoice that came with incorrect machine says mbp 13 but I bought a mbp 15 and the emails above (order confirmation, invoice, despatch confirmation) support that

IMG_0515.jpg

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I have very patchy access to the internet at the moment. Please monitor this thread for a fuller reply later

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I agree that somebody obviously hasn't looked very carefully at the documents and doesn't understand the situation.

at some point you will receive a directions questionnaire and you will be offered mediation.

personally I would refuse the mediation. They have more than enough evidence to show that they have made a bad mistake.

On the other hand, I would suggest that you write to them immediately and point out the error and supply them with the copies of the documents that you have which show exactly what you bought and what you paid for and what you were invoiced for and point out to them that they have made a bad error here and that you would recommend that they withdraw their defence and settle the matter without further recourse to litigation.

I would tell them that in view of the overwhelming evidence, you will be refusing mediation because you consider that it will be time-wasting and that there is no middle ground between you but you are giving them an opportunity now to bring this senseless dispute to an end and to honour the commitment that they made. Tell them that you will bring this correspondence to the attention of the judge if they force it to a hearing.

you may receive advice from others here who suggest that you should go to mediation and so you will have to decide which route you prefer.

I would suggest that you send them the evidence now.  when you get the allocation questionnaire then you can take the opportunity then to repeat that you have the evidence and that you have supplied it to the other side and that because of this you object to the application to strike your claim out.

 

Incidentally, do not withdraw your claim or agreed to withdraw your claim until you have the goods that you have contracted form or else and agreement to supply you with those goods or the refund has been contained in a Tomlin order

 

 

 

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is this alright? copy and paste work

Quote

 

Dear DSG Retail Limited,

 

Re: Small claims

      Claim no. F5QZ2A8T

 

I am writing with regards to above small claims against DSG Retail Ltd.

 

In your defence you contended that I made a purchase of an Apple MBP 13TB 512SG for £1808. I would like to point out again that you have made a mistake. I hereby provided copies of documents which showed exactly what I bought and paid for, and what I was invoiced for.

 

I would recommend that you withdraw your defence and settle the matter without further recourse to litigation. In view of overwhelming evidence I will be refusing mediation as I consider it to be time-wasting.

 

I am giving you an opportunity to bring this dispute to an end and to honour the commitment that you made. I will bring this correspondence to the attention of the judge if this ends up in a hearing.

 

 

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I don't know if anyone else has anything to say but I'll suggest a couple of amendments later. Mainly though it's fine

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“I hereby provided copies of documents which showed exactly what I bought and paid for, and what I was invoiced for.”

 

->

 

“I enclose copies of documents which showed exactly what I bought and paid for, and what I was invoiced for, the 15” model, which forms the crux of this matter : I contracted and paid for the 15” model, and it was only after I paid that the listing was amended to show the 13” model you have supplied in error”

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Quote

Dear DSG Retail Limited,

 

Re: Small claims

      Claim no. F5QZ2A8T

 

I am writing with regards to above small claims against DSG Retail Ltd.

you will see that the basis of my claim is that I purchased an Apple XXXX for £XXX reduced from its recommended retail price of £XXX.
Your defence is based on your belief that this is not the laptop that I bought and rather I bought an Apple MBP 13TB 512SG for £1808.

I would suggest that you have another look at the papers and to help you I am enclosing copies of the documents relating to the sale of this item.
You will see that you advertised the item on eBay at a special promotional price eBay item reference number XXX
You will see that on this basis I did for the item and the sale was concluded on XXX date – so reference number XXX.
You will see that on XXX date I paid the full asking price against your invoice number XXX – the reduced promotional price of the item .
You will then see that you sent me a model which was a cheaper version, not the items was advertised, not the item which you agree to sell me and for which I paid.

In telephonic communications with your office it was explained to me that there was an error and the item which I bought should not have been listed. My position is of course that if you had refused to sell it to me then I would have had no claim against you. However, you did agree to sell it to me, you accepted the money for it and you then send me a completely different item without any recourse or explanation.

It is clear that you are in breach of contract.

I'm writing to you with this information to give you an opportunity to solve this matter without any further embarrassment or economic loss to yourselves.

Please understand that this letter is not a without prejudice letter and it will be brought to the attention of the court if you force this matter to go to hearing.

When the directions questionnaire arrives I shall indicate that I'm not prepared to mediate the matter – as I consider that there is no middle ground between us.
Either you are aware of the error and you are not prepared honour the obligations which you have entered into or to respect my consumer rights, or else you clearly do not understand what your obligations to your customers are.

Either way, this is not a dispute which you can hope to win and I hope that you will accept that this letter is simply a gesture of goodwill towards you in an attempt to resolve this matter without wasting any further time or expense to either this or any inconvenience to the court.

 

Yours faithfully

 

 

 

 

Your letter is perfectly fine but this one might be a little more structured. Take whichever you want or amend them to produce something that suits your taste.

 

Whatever you do, don't lose sight of the fact that DSG retail are idiots, they seem to see consumers as their enemy and they seem to take things very personally. I can only imagine that they manage to face down so many consumers who have perfectly good cases and who are deprived of just outcomes simply because those consumers are ordinary members of the public who don't know their rights and aren't lucky enough to find this forum and come to us for help. If

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Just a quick one, searching the eBay item number brings up a listing for a 13 inch version as they are saying it was.

 

If you go onto you eBay purchase history, open up the listing in question at the top it will say the seller has edited the listing click to see the original listing. It may be worth taking screenshots of that as I don't know how long eBay holds the pre-revised version for. This will prove without a doubt that they have made the changes after the item was purchased.

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Thanks. I have taken the screenshots as advised.

 

hi need some help with directions questionnaire. do i need to send a copy to currys? and on returning the completed form to Northampton county court do i include a cheque for hearing fee?  thanks

 

and what reason should i give for choosing my local county court in question D1?

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If it came from northampton yes.....and yes a copy to the claimants solicitor..do 3 copies ...Court solicitor and your file.

 

You dont pay the hearing fee yet you will be advised of a date after you submit the DQ.

 

Your Local Court because you are the litigant in the claim against a company.

 

Andy

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