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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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Overpayment of ESA what do I do?


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Hi

I need some advice. Unfortunately due to an error on my behalf I have been overpaid ESA benefit, the amount is just under £2,000.

 

To fill you in Im chronically sick and disabled. No one knows exactly what is wrong with me, but Im housebound and use a wheel chair. Part of my problems mean I have short term memory issues also.

 

In December 2008 I was awarded ESA in the support group as I can not work. I recieve full DLA on both componants.

 

I claimed over the telephone and when I got the declaration statement back it was incorrect. It said that I did not recieve a pension. I rang them back and said that I will be recieving one in the future and was settling this with my employers. I was awarded ESA I rang again to clarify and they told me to notify them of the changes, eg when I recieved my pension.

 

It was a long hard battle to get my pension out of my employers and I finally recieved it in april this year.

 

I have been fighting my employers in a disability discrimination case during this time and have been hospitalised 5 times since January this year. I have also suffered a family bereavement.

 

Last night I woke up in a panic remembering I hadn't contacted the DWP about my pension. Im terrified they will send me to prison.

 

Due to an out of court settlement I can pay back all funds owed by the end of August.

 

How do I go about telling them? What will they do to me? Will it affect my DLA? Ive never claimed benefits before and I dont want to go to prison. I dont even have a speeding ticket?

 

Please help me Im terrified.....

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STOP WORRYING RIGHT NOW!!

 

DLA is not means tested so this will not be affected :)

ESA - when you get your payout, contact DWP & tell them of your error & offer to repay the overpaid amount immediately. You must stress that it was a complete oversight on your part but that you're sure you told them when you claimed that a pension was going to be forthcoming.

Remember - when you applied you were not already in receipt of your pension so you were not lying. Instead you are now notifying them of a change in your financial situation which affects your claim.

 

Sooo - ring them when your pension comes through & not before & STOP WORRYING :grin:

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As sure as I can be - you signed the declaration that you were not in receipt of a pension BUT at that time, you were'nt!

When you get your pension, ring & tell them because at that point it becomes a fact- not before.

 

Now go & have a cuppa, put telly on & RELAX and have a great day:smile:

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You seem to have misunderstood my post. I am in receipt of my pension, since April. Thats how the overpayment occurred.

 

By the end of August I will be in receipt of my out of court settlement for the discrimination case. Thats when I can pay all the money back. Im in a position where I could pay some back now, but not all.

 

Is your advice still the same?

 

Thank you for your help. I really appreciate it.

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Sorry - didn't read you post properly.

 

Ring them today & tell them about your pension & ask them to recalculate your ESA award. This will then show up the exact amount of overpayment.

When they write to you asking for £x back, ring them & make an offer of payment which suits you ie. monthly amount then, when you get your payout you can decide whether to pay it all off or maintain the monthly payments.

You also need to check whether the compensation will mean that you are no longer entitled to ESA. If ESA is means tested, you may find that you will no longer be entitled to that but that can wait until you actually have the money - as we all know, payments can take much longer than anticipated to be forthcoming!

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Hi

thanks for the advice. I have just spoken to one of the operators and Im waiting for a department called processing to ring me back. Having done a quick calculation I think I owe around £1520.

 

The guy was nice and said "don't worry we will sort this out" but Im waiting to see how I get treated by processing.

 

Im so sick with worry. I can't believe what a mess I have got myself into.

 

I will update you with how it goes. Thanks again

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do not worry everyone has and will make a mistake..they will not cart you off to prison the police dont even get involved..you have done the right thing by ringing before they chase you....its not worth the stress honestley they are twice as bad as us and they call themselve a benefits compartment they dobt know what they are giving out or taking back

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Hi,

thanks for responses. ESA Claims Processing Dept has rung. I have to send off relevant paperwork now so they can assess how much money I owe them. They have suspended the ESA payments now.

 

They have been very understanding when I explained the situation. Im hoping that it will go as one of you said, that they will write to me to confirm how much I owe.

 

Thanks again. I feel happier now. The anticipation was worse than the actual event.

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I'm glad you're feeling a bit better about it all now.

 

One thing though - send the paperwork by recorded or special delivery so it won't get 'lost in the post'!

 

Hope it works out well for you :smile:

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Yes I will be sending everything by special delivery and photocopying everything before it goes off! My sis has had so much stuff "lost" by DWP its unreal.

 

Thanks again for your advice and support is meant a lot and I will post again when I have any news.

 

Cheers

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