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    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part used for testing (and ours reinstalled) as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Also, does anyone have any other decent contact details for Hotpoint (or the Whirlpool group)? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
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Power Of Attorney - Advocate or Welfare Deputy


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My Mum In Law is in a local care home and today I received a letter from the home asking for a copy of the Power Of Attorney for her, which we do not have. The same letter also stated that if we do not have Power Of Attorney for her, the home would look into appointing an Advocate or Welfare Deputy through the Court of Protection.

 

Can anyone please advise what this is at all? I do not want to visit the home to talk about the letter without first being at least aware of what it all means.

 

Any help or advice would be greatly appreciated.

Edited by BarryH2000
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Hello there.

 

I agree that you should be involved in this - maybe you could be her advocate if you want to?

 

My mother signed an Eduring Power of Attorney while she was in good health and we had to activate it when dementia meant she had lost the capacity to make decisions. Has something like this happened to your mum? It sounds as if she didn't sign a document before she became unwell?

 

HB

Illegitimi non carborundum

 

 

 

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Thanks for taking the time to reply HB, really appreciated.

 

My Mum In Law is in the care home suffering with dementia which all happened so quickly, we just didn't have chance to apply for Power Of Attorney.

Edited by BarryH2000
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I'm very sorry to hear that, difficult situation.

 

Who diagnosed your MiL, was it a psychiatrist or someone else?

 

There's good information online from Mind, the CAB and others. Some of the best support I got was from my mother's social worker and the local AgeUK helpline.

 

HB

Illegitimi non carborundum

 

 

 

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If your Mum in law didn't appoint an Attorney before she lost her mental capacity to do so, then the attorney has to be appointed by the court (the Court of Protection) to ensure her interests are represented.

 

The attorney (when appointed by the court, rather than the individual) is known as a Deputy.

 

The home are approaching this as they should, and as required by law.

 

There can be a deputy dealing with financial affairs, and a different deputy for Health & Wellbeing issues, or one deputy dealing with both can be appointed.

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Thanks for the help BazzaS. Is there anywhere you know of where I can read a bit more about what is involved with the Court Of Protection, such as costs and time constraints?

 

Since we had the sudden problems with Mum in Law, we have looked into our own sons have Power Of Attorney for us and the costs are very high from what I can gather from my solicitor.

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Absolutely can be one of the family, HB, they just need to highlight the ways in which they are the best person to represent the interests of the represented party (confirming their wish and ability to represent the interest of that person even if it runs contrary to their [the deputy's] personal interest)

 

https://www.gov.uk/become-deputy has useful info from the Office of the Public Guardian, and https://www.gov.uk/become-deputy/fees is the subsection dealing with fees .....

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Registering an EPA costs £82. I imagine that's what you have?

 

What costs money is having it drawn up and then filling in the forms if you have a lawyer. A friend helped me, I don't know if the Court of Protection will help if you ring them.

 

https://www.gov.uk/government/news/lasting-and-enduring-power-of-attorney-fees-are-changing

 

I don't have experience of the Court of Protection if someone doesn't have capacity to sign having become ill.

 

HB

Edited by honeybee13
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None whatsoever HB. She has a few pounds in a bank account but that's all I'm afraid to say. The care home takes almost all of her pension apart from the small amount she's left with as her personal allowance.

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I can only wish you well going forward with this BarryH,

 

I have just registered a Power of Attorney for my mum whom has early stage Dementia, cost me £435 for the Lawyers fees and Registration fee.

I am my sisters 'named person' and deal with her finances regarding fee's for the care home she is in, they got in touch recently asking if they could take over the role, why they asked I don't know and wasn't to keen on them doing this so I refused.

 

I think as honeybee has said you should be involved with the Advocate or Deputy.

 

Regards,

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

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Thanks for the help Scott, really appreciated. When you mention "asking if they could take over the role, why they asked I don't know and wasn't to keen on them doing this so I refused" this is the feeling and worry I have. Everything seems to be about money.

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Everything seems to be about money.

 

Is this a privately owned care home, Barry? If it is, then sadly money is what it's about.

 

HB

 

I've just come off the phone to the Council trying to get my mum into a care home, one of the first things they asked was how much savings does she have and does she own her own house.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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