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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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Jobseekers allowance and money earned from Ebay


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I am about to change my claim from Incapacity Bennefit to jobseekers aloowance because my injury has healed and I am now fit for work.

In the past I have made a little bit of cash buying and selling things on ebay.

When I make my new claim will they ask to see bank statmements?

If they do, will they be concerned about the money I've had coming in from Ebay? I know I can legaly earn £20 per week and still get my bennefit but I have sometimes had more coming in (although very little is actualy profit becasue I've had to lay out to buy the items in the first place).

Thanks for your help.

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It will depend on which type of Jobseekers Allowance you claim, contribution based JSA is a personal allowance for you and it is based on the contributions you paid in the last three years (if you have claimed incapacity for this period it may link)

 

Income based JSA is means tested, this means you and your partner (if you have one) are part of the assessment. If you have any income you must declare it, however they will only want to see your bank statements if you declare savings/capital in excess of £5500.00 as the amount of benefit you are entitled to is affected from £6000.00 onwards.

 

If you have an income each week, they do not disregard any of it, it will be taken into consideration pound for pound unless it is part time earnings or voluntary maintenance (they would disregard a small portion of this income based on your personal circumstances). You can continue to sign on even if your earnings exceed JSA but you would not rec any money.

 

Hope that helps

Edited by MONX
spelling

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Also remember that whilst on Incapacity benefit you should have declared any work that you were doing as, except in very limited circumstances, you are not allowed to work at all whilst on Incapacity.

 

Mentioning Ebay earnings now might have very serious repercussions if you didn't tell them before. I'm not sure how you can get around this, because obviously you do have to tell the benefits people of any earnings, but hopefully someone else will have some ideas.

RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Oh I see. I didn't consider that a bit of ebay trading would be considered as work, and I thought I was allowed to earn £20 per week (profit) before they deducted anything. If you average out all my money I have never earned more than £20 per week profit.

I only ever spent about 2-3 hours per week on ebay so I guess that would be considered part time.

Edited by bigcarpman
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I can confirm that if you had received Income Support you would be allowed to earn £20 per week but I don't know about Incapacity Benefit.

 

What came as a shock to me when a friend claiming jsa wanted to work just a few hours a week (less than 10) was told he could only earn £5.00 before it had an affect on his claim. I didn't believe it and he checked with our neighbourhood office who confirmed this is so.

 

They may well want to see new statements ( I don't know for certain) but if there has been no ebay activity this might be advantageous to you.

 

 

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Ok I understand. I have a partner and am making a joint claim for both of us. Does that push the amount I'm allowed to earn up (does it double to £40)? If so I might do a bit more on ebay, I'm really strugling to survive on the benefit money and at the moment havn't seen any jobs I'm likely to get.

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Is what money you got from ebay classed as "earnings" if you were selling off a few of your personal possessions? ;);)

 

I sold a a Nintendo DS just before xmas last year (when they were all sold out in the shops). The winning bidder paid £150 for it (£70 profit on what I had paid). I needed 2 for my kids for christmas and somehow ended up with 3. I had paid for it so it was mine to sell, so could the profit really be classed as earnings?

 

We are on benefits and I can't remember being asked for bank statements to claim any benefit other than council tax and housing benefit. I assume you are already in receipt of these benefits, so you bank statements probably wont be an issue.

 

Regarding what you are allowed to earn when on JSA, I would ring and ask them. We are a family with 2 kids and I applied for a job recently and was told any wages over £20 would be deducted from our benefit. There are different amounts for different circumstances.

:razz:ALWAYS REMEMBER, IF YOU GOT YOURSELF INTO YOUR SITUATION, YOU ARE MORE THAN CAPABLE OF GETTING YOURSELF OUT OF IT

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Exactly,

 

As I said earlier it does depend on a lot of things, firstly which benefit you claim and also you have to consider the time you are spending trading on ebay. To claim Jobseekers Allowance (both of them) you have to be available, capable and actively seeking work for at least 40hrs per week. If for argument sake are trading for 20hrs per week this will have an affect on your available hours.

 

You could also keep quiet about your trading and just do it on an evening therefore you do not affect your availability, however on the capital/savings (income based JSA) side of things you have to tread very carefully, you may not feel your trading constitutes a lot of money but if the profit part of the amount exceeds £5, you are in fact committing fraud if you do not declare it.

 

Having said that, Huggys boss I think if it is something you do vary rarely or once in a blue moon I wouldnt worry too much about it.

Advice given is my opinion only, I am not a legal or financial expert (far from it).

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Incapacity benefit isn't directly means tested, so you are allowed private sources of income. The only restriction is on work. I'm not sure whether selling on ebay counts as work, but it presumably depends on the circumstances: trading full time would; selling a few possessions wouldn't.

 

If your selling does count as work, it is permitted work if either:

 

1) You made no more than £20 a week, or

2) You made no more than £88.50 a week and worked for less than 16 hours a week.

 

So I reckon you'll be ok unless you were trading full time.

Post by me are intended as a discussion of the issues involved, as these are of general interest to me and others on the forum. Although it is hoped such discussion will be of use to readers, before exposing yourself to risk of loss you should not rely on any principles discussed without confirming the situation with a qualified person.

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Hi Bigcarpman

 

If your going to be upfront with them from now on.

Open a new bank account and Paypal account, close down any banks and Ebay sites that you have previously been selling on, and start afreash.

I know this may seem a lot to do, but this is just a helpful warning.

If you don't they can go back to every transaction you have made on ebay.

 

This is just a bit of helpful advice, you don't need to take it.

 

Gaz

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