Hi

My parents gave me a large sum of money in 2008.

I suggested getting a contract drawn up stating repayment amounts and a time frame.

My Dad said he didn't want to do this.

A few months later,

My Dad wrote me a letter,

which my brother stole from my house,

stating that he would like me to repay the "loan" within 2 years.

I'm not quite sure why he did that.

He has never mentioned it since,

and I wonder if my brother manipulated him into doing it.

This letter has now been sent from my mother's Deputy to my solicitor,

asking me if the letter is genuine

and if so, what measures have I taken to repay it?

They are saying I should pay half of it back to my mother.

We never drew up a contract,

and no-one has signed anything.

Plus the money was given to me in 2008.

They know I am in the process of making a formal complaint about them to the Office of the Public guardian

and I wonder if they are clutching at straws in an attempt to frighten me.

They have been Deputy for over 18 months,

but have not mentioned this before,

especially not in their report dated April 2017.

Their Report stated all monies owed to my mother, but made no mention of this.

They say they are now "updating it".

They have moved several goal posts over the past few months, and this is another example.

They initially stated their cutoff point for any repayments to my mother should be no earlier than 2014 as this was the official date my mother was deemed to have early onset of Alzheimers. So why are they raising this now?

My parents are now very old (87 and 90), and I am doing whatever I can to help them stay together, and out of a care home.

They are both frail, constantly in and out of hospital, and it has taken over my life.

I cannot work because every time I try to move forward, something happens, and I have to sort things out with doctors etc.

I am currently receiving Carer's Allowance and Income Support as I cannot commit to full time work.

I have already emailed my solicitor saying it is a genuine letter, and was stolen by my brother from my house several years ago.

But it was not a loan and there is no loan agreement.

I personally think they are trying to distract me from my complaint.

There are other issues with them, but this is the latest one.

If it were deemed to be a valid loan, albeit an unofficial letter from my Dad in 2008,

how many years is it before the loan gets written off anyway?

I thought it was 7 years.

Any thoughts would be appreciated, thank you.

6yrs. its statute barred

tell em go do one.

dx

I think the 6 years can start from date when repayment was last requested, not just date of loan, hence Solicitor asking if father's letter was genuine. OP has confirmed it is. OP risks losing being omitted from parents' Will.

Only once in that letter in 2008.

He recently changed his Will to my brother's detriment for various reasons.....

doesn't matter what any 'claimant' writes or says.

its payment date or last written comms from the borrower signing anything that amounts to acking any debt exists

as the letter gave 2 years to pay then the debt would not become due until the end of that 2 year notice period.

This means that it is likely the debt is SB but as you are vague on the dates it may not be.

A loan in late 2008 and a letter 11 months later could mean the debt is still live for another month.

The rest of the post give a half story with several people named THEY.

Re; ericsbrother

"half story"? I'm trying to keep the post as succinct as possible. If you read the post, "they" refers to my mothers Deputy, apart from paragraph 10.

Money given in 2008. Letter a few months later in 2008. My Dad has since made me his LPA and changed his Will in my favour for all the support I give both my parents.

so why does your mother have a deputy if you are her carer?

You could have applied to do this.

However,

that doesnt change things,

the loan was from your father,

who is presumably not under a similar guardianship and ran his own financial affairs at the time

so the money wouldnt have been a deliberate dispersal of assets.

They are doing a job to look after your mothers interests and that also happens to coincide with grabbing as much money as possible to pay for her care when the day comes that she has to go into a nursing home.

the clock started ticking at the end of 2010 based upon the information you give so will be statute barred by now.

That doesnt extinguish the debt and they may well treat her as having the money when it comes to listing her assets

so the threshold will effectively be reduced by that amount and she will be expected to pay for more care than she should do.

I see this as a conflict of interest but that will be an expensive thing to test

I hope that your father outlives your mother and stays at home for his lifetime

Why doesn't it extinguish the debt if it's over 6 years?

There is no signed loan agreement.

The joint account was held with my mother, father and brother.

This was closed down 2 years ago to stop the brother taking more money out.

He withdrew a large amount of money for "safekeeping" from me when it was put into the wrong account by a Company (that's another story -and on another post!), even though he knew it was not his (it was my Dad's money).

He was forced to hand it back 7 months later because my father told the Company to chase him for it. There was no deputy at that time.

We got solicitors to challenge my brother on his use of the joint account, which he ignored.

He also lied to the Court of Protection,

filmed me without my consent,

faked a letter to the bank,

forged my Dad's signature.

And lots of other stuff...

We agreed it was probably best to have a Deputy for my mother so he would have to stop attacking me.

My mother did not have dementia in 2008.

We (my solicitor and I) have also stated that the joint account was paid for by my dad as he earnt the money and paid all the bills.

My mother never worked, she enjoyed it all for free.

So I am arguing it's not her money anyway!

The Deputy's fees went from £4,000 to £25,000 within 6 weeks.

They are over eight months late submitting their costs to the Court of Protection.

All they say to my challenge, is that the first year of Deputyship is more expensive as more work is involved.

One solicitor is now saying he is responsible for my mother's care.

He is not.

They have only paid the invoices for medication visits which I set up.

My mother was prevented from leaving hospital last month because they rang the ward and said I hadn't asked permission to change care providers.

They never said I had to.

My mother had to stay another night and was very upset.

I am making a formal complaint to the Office of the Public Guardian via my solicitor, which they obviously don't like.

I am applying for Deputyship for Health for my mum. I'm LPA for Property & Finances and Health&Welfare for my dad.

I am driving an hour each way to see both parents, and trying to reassure my mum that she is coming home soon.

She seems to have given up.

They've never been apart for this long in 58 years.

It's hard enough dealing with two elderly parents without a psycho selfish greedy brother and a firm of aggressive solicitors on top.

I've already told them that I won't be bullied or intimidated, but they don't seem bothered.

I also hope my mother passes away first.

They will have control over everything otherwise.

if she needs residential care, who will decide where she goes?

What a nightmare.

only debts over 5yrs old and taken out whilst you were resident in Scotland are ever extinguished [dead gone parrot ]

debts in E&W once they reach 6yrs old still exist and can still be chased but if taken to court any judgement can never be enforced so people don't bother

OK, I'll tell them to take me to Court then.

Why are you asking us for free advice and not paying a qualified Solicitor with indemnity insurance?

paragraph 3. I do have a Solicitor and I've already mentioned the statute bar to him after reading advice on here. I was looking for alternative, instant, additional advice, after just shelling out over £2000.

I thought this was a Forum for free advice, in this case, other debt issues.

no signed loan agreement?

No but there was a contract, even if that was verbal.

It was confirmed by the letter setting a deadline for repayment and that my friend, sets a date for a cause for action.

If the agreement just said pay me back on demand then that could run for ever as long as some reminder of this was periodically made.

The Deputy is trying it on in my opinion,

hoping that by pushing the matter you just give in.

It is not his money that is being spent so charging your mother's trust to do this wont cause him any loss regardless of the result.

Even if it is found to be SB

i would bet that they would carry on trying to collect

(they can do so but not use the courts)

and then bill the trust for this pointless work.

Oh,

being Scotland the SB period is 5 years so well out of time

Is it Scotland?

" They know I am in the process of making a formal complaint about them to the Office of the Public guardian "

??of which both E&W and Scotland have them...

so is this Scottish debt or not...

i'll go read the op's other threads and see if there are clues then as to where they reside.

well no clues but obviously related to this thread go read..

https://www.consumeractiongroup.co.uk/forum/showthread.php?450557-Standard-Life-paid-into-wrong-bank-account

" They know I am in the process of making a formal complaint about them to the Office of the Public guardian "

??of which both E&W and Scotland have them...

so is this Scottish debt or not...

 

i'll go read the op's other threads and see if there are clues then as to where they reside.

I wasn't referring to the Location DX more a case of why this was being raised ?...I was aware that all UK deal with the Office of the Public Guardian

that will be me commenting that in Scotland the SB time is 5 years.

Did nt mean to indicate that the OP case emanates from scotland, just trying to add extra info and clearly causing some confusion

that wil be me commenting that in Scotland the SB time is 5 years. Did nt mean to indicate that the OP case emanates from scotland, just trying to add extra info and clearly causing some confusion

Valid point EB...it may be that the OP is in Scotland...Poster has yet to confirm.

Andy

Sorry, I didn't see these other posts. I'm not in Scotland. I think they are trying it on for some weird reason.

Sorry, I didn't see these other posts. I'm not in Scotland. I think they are trying it on for some weird reason.

Hi. Are you the same person as Spanglespangle who started this thread please?

HB

Hi

Yes I am! I got locked out and had to re-register. I originally used an old email address I had 7 years ago, and didn't receive the email to change my password.