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mishel02

Council locked me out of my own house HELP

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I have no idea if this is in the correct section. I really need some advice but its a complex situation.

 

My mother gifted me and my brother her house 10 years ago. I have been looking after her for those 10 years. My mother granted us both joint/several power of attorney 5 years ago.

 

My mother had begun to show signs of memory loss and my brother decided to start spending her money. I took my Mother to see her doctor who agreed she was now suffering from dementia and that I should register my POA. Which I did but my brother objected and tried to register his as well. Which in turn I had to object to.

 

My mother's condition got worse and she ahd been reported to a Social Worker for wandering around town. The social worker said she had to go into a care home for her own safety.

 

I found a Care Home and my Mother moved in. During this time the bank had put a stop on her bank account as I had complained about my Brother. It turned out that my brother had made false allegations against me also spending her money. So the bank did not know who to beleive. Although I live in the same town as my mother and my brother lives in London (400 miles away). Items bought over the internet were delivered to his address and money withdrawn over the counter in a London branch!!!

 

Now the next problem I received a letter from the Court of Protection telling me that as my brother and I were in dispute, they couldnt award control to either party and had instead given control to the local council!

 

My mother's care is self funded as she has a very large amount of money in the bank. The council took over her bank account and savings account and private pension.

 

I went over to my mothers bungalow only to find that the locks had been changed. I rang the council and they said they had locked both me and my brother out and they were going to sell the bungalow to pay for my mother's care. I informed them it was not my mother's house but mine and my brothers. They told me that, that was irrelevant and they could take it back.

 

I was very shocked as she earns enough private pension to pay her care home fees, plus her large savings which they also had control of.

 

I contacted a solicitor for a free consulation (I couldnt afford one). They told me the council were in the wrong as I had owned the house for 10 years plus all the other money she had in savings. They also told me it would be very expensive to fight them.

 

I threatened them with court action,, telephoned them on many occassions and got no-where with the council. I contacted my MP for help and within 2 weeks I received a letter from the council stating they had decied to give me my house back!

 

When I entered the back garden was overgrown and the grass 4 foot heigh. The window in the back door was smashed. The boiler was making strange nosies and would not light. My automatic gargae door had been disconnected. The house was in a state.

 

The council tell me they mantained it on a regular basis and disconnected my gargae door for security (I had the remote). The say the boiler was serviced but cannot find the service report. They have refused to fix any of the problems. Surely they should have returned the house to me in the same condition in which they took it from me.

 

Anyway this mess has been going on for 18 months. When my mother went into care the house was valued at £145,000. The house is now up for sale and valued at £120,000. I am very angry at the state the place is in, I have had to pay for repairs before it was marketed. The estate agent seems to think I have a good case for sueing them for loss in value plus the costs incurre to fix it.

 

I cannot afford a solicitor (the HIPP just cost me a small fortune) does anyone think I could go down the small claims court route? What are my chances? Has anyone else been through this?

 

Thanks for all help and sorry its so long

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