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    • 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.
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Suspension of housing benefit


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Wondered if anyone knows, are we as claimants entitled to know why housing benefit has been suspsended? And should we even be told they have been suspended?

I still keep wondering why last june my housing benefit was suspended, & I wasn't told. It was the arrears letter from the housing assosiation that alerted me to the fact it hadn't been paid, 2 weeks worth of rent.

Rang the council & the lady said it's ok, we thought there had been an over payment, but there isn't. I tried finding out more but she wasn't having any of it. She just said the housing assosiation will be paid.

I got another letter from housing assosiation saying the arrears were now even more, was about 5 weeks worth of rent by this time!

Rang council again & they said dont worry it'll be paid to them.

It was.

What I want to know is, shouldn't I have been notified my benefit had been suspended? And when I asked about it, shouldn't I have been told the details?

I asked the compliance officer about that when she came here last month & she said it's usually because too much was paid to the landlord, but that cant be right if it was them that wrote to me saying I was in arrears!

It's all weird. And has me thinking my recent over payment may have been sorted last june & cost me less if they had only been honest about stopping the benefit & why?

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Section C8.29 of the DWP guidance manual states that

 

"If the DM (decision-maker) decides to suspend HB, the claimant should be informed in writing. The letter should state the date of and the reason for the suspension, together with what, if anything the claimant needs to do to resolve the situation."

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When my ESA got stopped due to scoring 0 points (which has since been overturned and i was in the support group) my housing benefit also stopped, and I was not informed until my council sent me a letter asking me where my rent was. The housing benefit people, or DWP did not inform me of either stoppages, and I only found out about ESA when i had no money in my account, and housing benefit, when i had a letter after 3 weeks from the council. So yes, they should inform you, but quite often, they do not. The council then wanted me to pay rent myself until it was sorted out, when at that time, I had no income whatsoever.

From what I gathered, housing benefit is paid on a monthly basis, therefore takes longer to resolve, so yes they should inform people.

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Section C8.29 of the DWP guidance manual states that

 

"If the DM (decision-maker) decides to suspend HB, the claimant should be informed in writing. The letter should state the date of and the reason for the suspension, together with what, if anything the claimant needs to do to resolve the situation."

 

Cheers hun. Does that apply to Local authorities too though?

And is there any reason I wouldn't have been told at the time?

Also do you know if there is any law that states claimants should have benefit reviews at certain times? It was over 2 years ago I started working part time & came off income supoort & put in a new claim for housing benefit & the compliance officer only came out to do a review last month.

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Suspension of HB/CTB claims

the quote i gave is the DWP guidance to Local Authorities who administer HB/CTB

 

the most common reasons for suspending HB/CTB is where a benefit recipient has failed to provide evidence, or information has been received which indicates that benefit is being overpaid or needs to be amended

 

in either instance the guidance is for the Local Authority to notify the suspension, not sure of why you were not notified

 

 

Review of HB/CTB claims

there is no law about how often a review of housing benefit is carried out

 

once housing benefit is awarded, it is the duty of the benefit recipient to notify changes in circumstances, the local authority does not have a duty to carry out reviews, although it is good practice to carry out focussed reviews, e.g. if there has been no changes in earnings/tax credits/pensions for a considerable period of time

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Thanks folks.

So they should notify people, but quite often dont.

Great. The lunatics have taken over the asylem. The amount of their rules we have to go along with & yet they dont even follow theirs.

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