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Everything posted by jazztheman

  1. Steve yes I am my mother's registered LPA. I have no problem with the DOLS assessment, because it is in the interests of my mother's health, safety and welfare. What I do object to is, not being told in advance that the DOLS assessment is to take place. If I was aware of this assessment I could explain the assessment to my mother before hand so that she would not become so stressed. I believe that I should have been informed prior to the assessment and it is one of the guidelines of the Dols assessment procedure that which was explained by the 'Best Interests' Dols assessment officer.
  2. Thank you for the update. So this recent change only affects the under 65's.
  3. Just realised that it was not DLA that my mother was previously receiving, it was Attendance Allowance (due to her age). Does the same apply?
  4. Thanks for the information, so I presume I will have to contact the DWP to verify this?
  5. My elderly mother moved into a care home around 7 months ago. Before she moved into the care home she was receiving high rate mobility DLA, because the care home was local authority funded her DLA entitlement was stopped. I received a letter from the DWP today and one of the paragraphs stated that there is a possibility of having her DLA re-instated, I have attached a scan of this paragraph. Has there been a recent change for this DLA entitlement for persons in residential homes?
  6. Update: Lidl's informed me to contact a company that deals with repairing these type drills. Which I did and I was informed to submit an online repair application form for arrangements to be made for the return of the drill for repair work, this was a weeks ago and I have not heard anything since. The service from Lidl's is appalling, it's got me chasing around everywhere just to find out whom is responsible. If it is 100% the store of purchase responsibility, please note that this a 3 year guarantee and not the usual 12 months, perhaps it would be more appropriate to write to the store concerned and give them 14 days notice to either repair, replace or refund the drill, failing to respond would result in issuing a claim through my local county court. Would this type of action be justified?
  7. I purchased an electric drill from a Lidl store back in 2012. The drill now has a fault, but luckily the drill came with a 3 year guarantee. I took the drill back to the store of purchase and they were not interested and informed me to contact Lidl headquarters, which I did. I was asked for my contact details and if I still had the receipt, which I have and I sent a copy via email. This is the last I have heard, sent a few emails about are there any updates, but no replies. I thought that it would have been the stores responsibility to handle guarantee repairs and not to be messed around trying to find out the guarantee process. Is it the store's responsibility?
  8. Thanks for the information, in hindsight I should have recorded the telephone conversation, but in reality how many people do this? May be clutching at straws, checking the T&C's there is no mention that the holiday is not refundable if cancelled. Surely this should be stated in the T&C's?
  9. Unfortunately I believe that I am out of time on a charge back? Just checked my statements: £100 (deposit) 2nd July 2014 £165 (balance) 31st July 2014
  10. T&C's Looks like I haven't got a leg to stand on. I just cannot understand why I was told that I could re-book at a later date?
  11. I booked a holiday last year for myself and my wife, a chalet rental for a week in West Wales. I paid for the holiday in full by credit card back in July 2014, the holiday was for Sept 2014. Unfortunately I had to cancel the holiday because my elderly mother was not well and had to go into a Care Home. I spoke to the chalet rental organisers, who informed me that they would try to find another party to take over the holiday, and if so I would be reimbursed. In the event that no one else would take over the holiday I could arrange another date for the holiday. No party took on the holiday. I contacted the company this week to arrange for the holiday to be taken this Spring. The company have now changed their tune and have told me that the cancelled holiday now cannot be re-booked and that I have lost my money. If I had known that this was going to happen I would have contacted my credit card company to see if there is anything that could be done to be compensated. I am now obviously out of time to inform the credit card company that there is a problem. Any advice please?
  12. I have a legal query regarding my mother who is 94 years of age and suffering with the early signs of dementia and lives in a care home, I am also her appointed attorney for health and welfare. I was surprised to discover one day last week a mental assessment with my mother was carried out at the care home (a Dols assessment), my mother found the experience stressful. Being my mother's health and welfare attorney I am not happy of not being informed. I believe that Social Services (Local Authority) are the responsible party that should have informed me, but what is very concerning is that I believe another family member was assigned to be her Relevant Person's Representative by the Social Services, again I was not informed. It is not much of a problem if the elected family member was a caring person but this isn't the case. I have written to Social Services about my concerns. If I am correct in my assumptions, do I have the authority to request Social Services to change my mother's Relevant Person's Representative? Any other information relating to this type of problem would be very much appreciated.
  13. When I was interviewed by the DWP to become my mum's appointee, there was no mention that my mum's entitlements would be paid directly to my bank account, the DWP also didn't take my bank information. Which is all very strange?
  14. Is it the usual practice for the pension money to be paid into the appointee's account?
  15. I have been appointed to be my mother's DWP appointee. My mother who is 94 recently went into a care home and is blind, so cannot handle any forms etc. I thought that being a DWP appointee was just handling her financial affairs and DWP administration. However, reading what it entails it appears that my mother's benefits will be paid into my account, is this correct? I also read that I must not access my mother's account, which I have been doing for a number of years because she appointed me to be a third party name on the account because of her problems. I am also currently going through a power of attorney application for my mother, which will make it very difficult if I am not allowed to access her personal bank account. Perhaps this information is incorrect? because when I was interviewed by the DWP to be appointee none of this was mentioned.
  16. My mum was recently admitted to a care home she is 94 and has early dementia. Previously she was receiving her state pension and pension credit (guaranteed element). She has been requested by the DWP to have a financial assessment due to the change of circumstances i.e going to a care home, previously she was renting privately. What was unknown that her savings have risen just over the £10,000 that the DWP needs to be informed about regarding Pension Credit. I have spoken to the DWP because I have now been assigned to handle her benefits etc.. Because her savings have gone over the 10K what is likely to happen? Will she be taken off Pension Credit Guaranteed and put on Pension Credit Savings? We have been talking about getting a pre-paid funeral plan which will bring her savings back down to below the £10K figure, would this be a wise thing to do?
  17. The pre-pay meter was there when she moved in around three years ago, although with a different energy supplier. She did receive a letter last year that she had been underpaying, although EDF corrected the problem. The final bill is based on an estimated reading, which is wrong. It seems like all bills are estimated. Unfortunately I now cannot gain access to the pre-paid meter to see if I can find the up to date actual reading..
  18. If that is the case why don't they update the pre-pay meter to take into account for any price hike? Because it's a pre-pay meter there is no meter to show the number of units used (I think) surely this is open to abuse..
  19. My elderly mother recently had to go into a care home. She was previously private renting and the accommodation had a pre-pay electricity meter the type with a key type stick. Thought it would be a simple matter of closing the account down because it was pre-paid, and there would be no cost on the final bill. The final electricity bill arrived a few days ago and it's for around £300! I cannot contact EDF until after the holiday, any one else had a final electricity bill for a pre-paid meter?
  20. We did try to arrange mediation with all tenants present through mediation, unfortunately the trouble tenant declined to attend the mediation. With winter only a few months ago, the problem is likely to happen again. I still think that the matter should be addressed through the tenancy regulations, a stern warning may be all that is required. The housing association unfortunately is not interested in resolving the problem through the tenancy regulation agreement. Is there a legal obligation for the HA to carry out the enforcement of the tenancy regulations, with respect to the tenants interests? I believe that previously the Office of Fair Trading handled these type of complaints, unfortunately this office is now closed..
  21. My elderly mum is 94 years of age who receives pension credit and attendance allowance (high rate) due to arthritis and is also severely visually impaired (registered). She was assessed by the housing association to go into a care home. The person who carried out the assessment informed us that there is a benefit for being visually impaired. We were not aware of this, is there such a benefit? We thought that the high rate Attendance Allowance covered this?
  22. I have been there around 1 year and noticed the problem from day 1 of the move. The matter was reported to the HA on the winter of 2013, because the accommodation was freezing. The other tenants have been there for a few years and have made numerous complaints to the HA, but have never made a formal complaint because they were fobbed off by the HA. The nuisance tenant has been there for about 2 years and has been reported in the past for being aggressive towards other tenants, when confronted over anything.
  23. The block is for the age 55+ group, the three affected tenants are disabled and have mobility problems. I have tried to close the windows during bad weather but they are opened again, it's like a cat and mouse game! The nuisance tenant is in his 70's and we all believe that the tenant has some mental issues due to his odd behaviour, luckily he is not at his flat at weekends, but sometimes he does return for 5 minutes on weekends, opens the corridor windows and then clears off for a few days. Which is one of the reasons why we think his actions are just to be a nuisance to the other tenants. The windows are opened during high winds like the storms a few months ago 70 mph winds, minus zero weather temps. The tenant does not reside in the corridor, if he likes to be freezing he should sit in his own flat with all of the windows open! The complex was built in the early 80's pvc windows, two large windows one end of the corridor and two small windows on the opposite end of the corridor, fitted with handle locks and also a security latch. I do realise that if the matter was reported to the ombudsman there would be little chance of any enforcement being made, I am sure the HA are aware of this because they always cover themselves. Which is why I believe any successful outcome would rely on the tenancy regulations being broken. The regulations state: Section 2 - Paragraph 4 - Behaviour towards others. 4.2 Otherwise interfere with the peace and comfort of other occupiers at your Home or visitors or neighbours 4.4 Do anything or omit to do anything likely to cause a nuisance or annoyance to any person living in your Home, your neighbours.. So the question is does the tenant have any legal right that the HA enforces the tenancy regulations? When you take over a property and sign for the tenancy surely you should be under the control of the tenancy regulations (contract)? Point noted about keeping a log sheet for these incidents and I will certainly take this option up and pass out log sheets to all of the other tenants.
  24. Stuu007. There was no evidence submitted, only a complaint letter from all of the tenants stating the same problem. The problem tenant is not denying that he is opening the windows and believes that he is within is rights to open the windows at his leisure during any weather conditions. The matter was dealt directly with the housing officer and then it went to formal complaint and the final decision was that no action would be taken and the next stage would be the ombudsman services. The complaint procedure was carried out within accordance of the HA guidelines. There is no problem in reporting the HA actions to the Ombudsman Services, but would the complaint be successful if the tenants that are affected have no say in the control of the Tenancy Regulations.
  25. I live in a social housing block of flats, four tenancies in one block. There is a problem tenant in one of the tenancies, he is deliberately being a nuisance to the other tenants and all of the tenants think that his actions are just to annoy the other tenants. The tenant keeps opening the communal corridor windows open in all weather conditions, the hallway is freezing and represents a wind tunnel. This makes all of the flats cold and dusty and very often the heating has to be used when it would be unnecessary with the windows closed. There is also a security issue of the windows being left open 24/7. The matter was reported to the housing association, who interviewed the tenant and he promised to keep the windows closed during bad weather, unfortunately it was just a pack of lies and the problem continues. The housing association is stating that there is nothing else that they can do and if the tenants are unhappy to report the problem to the ombudsman. The tenancy regulations specifically state that any tenant must not be a nuisance to other tenants and must not cause any discomfort to other tenants, this is exactly what is happening! If the matter was reported to the ombudsman would there be a chance of any enforcement to be taken against the housing association for not applying their tenancy regulations? Are the tenancy regulations also a part of the contract to protect the tenants and that the housing association has a legal right to adhere to the regulations to protect the tenants?
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