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    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
    • Hi I'm looking for a bit of help to deal with a claim form from Hoist/ Cohen referencing an old Capital One account please. I have filled out the details below as requested and submitted an acknowledgement of service intending to defend.   In 2007 I sent a SAR and requested a copy of the original CCA from Cap One on this account.    In 2014 Lowells sent a claim form for the same account. I have a copy of a notice of allocation to the small claims track hearing and a copy of the front sheet of ack of service with intent to defend but I have no recollection of its outcome and there are no CCJs on my credit file.    Name of the Claimant Hoist Finance UK Holdings 2 Ltd   Date of issue – 5/11/2019   Date of issue 05/11/19 + 19 days = 24/11/2019 + 14 days to submit defence = 7/12/2019 (33 days in total)   Particulars of Claim This claim is for the sum of £294 arising from the Defendants breach of a regulated consumer credit agreement referenced Under no XXXXX. The defendant has failed to remedy the breach in accordance with a default notice issued pursuant to ss. 87(1) and 88 of the Consumer Credit Act 1974. The Claimant claims the sums due from the Defendant following the legal assignment of the agreement from Hoist Portfolio Holding 2 Ltd (EX CAPITAL ONE). Written notice of the assignment has been given. The Claimant claims 1. The sum of 294  2. Costs   What is the total value of the claim? £369   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC I received a letter of claim & income / exp forms.   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? yes   Did you inform the claimant of your change of address? Not sure claim is for Credit card   When did you enter into the original agreement 2003   Do you recall how you entered into the agreement not sure   Is the debt showing on your credit reference files yes, as closed   Has the claim been issued by the original creditor. Assigned   Were you aware the account had been assigned – did you receive a Notice of Assignment?  from HPH2 to HFUKH2L, I don't have anything from Cap One.   Did you receive a Default Notice from the original creditor? Yes (2007) Have you been receiving statutory notices headed “Notice of Sums in Arrears” or " Notice of Arrears "– at least once a year ? Not sure, I’ve had letters from Robinson Way.   Why did you cease payments? illness and inability to deal with my debts, I had no money no job and my mental health was in a terrible state.   date of your last payment? 07/2014 paid to Robinson Way   Was there a dispute with the original creditor that remains unresolved? No (PPI and bank charges refunded)   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes   Do I send a CPR 31.14 next asking for the agreement, notice of assignment and the Default notice?   Thanks.
    • It states the charge as: 'did enter a compulsory ticket area without having with you a valid ticket. Contrary to Byelaw 17 (1) of the Transport for London Railway Bylaws Made under paragraph 26 of Schedule 11 to the Greater London Authority Act 1999 and confirmed under section 67 of the Transport Act 1962.'   Then a brief statement of facts that the pass did not belong to me, and that I had stated it was due to financial reasons. It then contains information about making my plea and then the statement of the revenue officer.   I am of course planning on pleading guilty before the cut off point and attending court (I'm hoping to be well enough to attend anyway). I'm just concerned about the consequences and if there is any point in trying to still reason with TfL now that court application costs are at least involved.   I have debated getting a solicitor solely because of what I've read on the internet and what it says about ruined job prospects, I know it's probably scare tactics to get me to hire someone but it is the driving fear behind everything at the moment. 
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reallymadwoman

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Are you sure you have to pay VAT? You don't have to pay VAT on goods and services if the sole use is for a disabled person. Can't quite remember the wording off the top of my head.

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Are you sure you have to pay VAT? You don't have to pay VAT on goods and services if the sole use is for a disabled person. Can't quite remember the wording off the top of my head.

 

That had occurred to me, but I'm not going to bother asking or they might think there's a chance I'm going to pay them.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Just to update the query on a Disabled Person and paying VAT on Goods & Services please see these links:

 

https://www.gov.uk/financial-help-disabled/vat-relief

 

https://www.gov.uk/government/publications/vat-notice-7017-vat-reliefs-for-disabled-people


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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also you are now invisible , noone will see you . i have noticed this pushing my aunt and brother in law around . some people are alright but the majority do not see you

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also you are now invisible , noone will see you . i have noticed this pushing my aunt and brother in law around . some people are alright but the majority do not see you

 

Very true - more than once someone has stepped backwards, generally in supermarkets, and nearly ended up sitting on my lap. Also people expect a wheelchair to be able to stop instantly when they step in front of you.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Unfortunately my upper body strength has declined even further and I'm no longer able to push the chair for long on even the smoothest surface. Hubby and I spent much of the last couple of days looking at alternatives but we're struggling to identify something suitable.

 

I don't qualify for an electric chair from the NHS as I really only need it outside, I can still use the manual chair inside and probably will be able to do so for at least a few more years. Electric chairs also don't seem to work that well outdoors other than in shopping centres etc, which isn't where I want to go most of the time.

 

We've looked at various mobility scooters and been and tried a range at our local mobility shop but couldn't find a single one which I could get comfortable on. I'm quite tall and I can't sit with my knees less than 3" below the level of my hips so I need quite a high seat and I also need room to fully extend my legs regularly to ease the pressure on a few nerves. If you add to that needing one that can be operated single handed, the choice was very restricted.

 

I've been using a borrowed scooter (kymco midi xls) for the last 3 months which just about does the job (apart from the one-handed thing, it's possible, but it makes steering very difficult) but it's much too big to go in the car. It's also quite old and becoming a bit temperamental and it's taking up a lot of space in the garage. It's also pretty useless for shopping etc as it's too big to go inside, especially our two tiny supermarkets.

 

So I think I need something powered, which can be operated by one hand only, suitable for use outside in a rural area where footpaths can be few and far between and smooth surfaces are rarer than honest politicians, and ideally will easily fit in the car whilst leaving some room for shopping/luggage.

 

If I don't win the lottery this week, are there any options I can afford?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I'll have a think RMW, I do know you can get mobility scooters that are operated one handed, kind of like a large joystick either left or right handed...Have you tried the Red Cross? Or is that just for self propelled wheel chairs???


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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We've looked at electric chairs and to get anything which could cope with the sort of uneven surfaces I need it to cover means it's huge, heavy and expensive and would really need a van with ramps to transport it anywhere.

 

With the mobility scooters, the salesman did say they could get one adapted to use one hand, but anything small enough to go in the car isn't comfortable for me and again may not cope with a rural area, so we've hit a bit of a brick wall.

 

I'm beginning to think we might need to remortgage to get something suitable.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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the rural south west


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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And, the salesman that said he could adapt a scooter to use one handed was trying to rip you off. They ALL can be operated with one hand. Every single one made can be used with either the left or the right hand or both. So shop somewhere else. Trust me, in this department I am an expert.

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I can't easily use the one I have with one hand as I can't operate the lever to go forward or reverse and steer at the same time.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I've just noticed this thread. My OH has both manual wheelchair & a mobility scooter and she takes the abroad on the plane with her. Best airline for being looked after = Easyjet & the worst to date was one of the large holiday companies. In my view what you need to look at is a Powerchair and they do range from a few hundred to a few thousand pounds - depends on budget obviously. The likes of the Shoprider Vienna has detachable batteries - this is where all the weight is and can also be charged off the chair or on it. I have used http://www.betterlifehealthcare.com/browse/electric-wheelchairs/ to purchase from previously and found their service pretty good although you have to remember they are basically just a box shifter. If you do your homework first then you can save a fair bit as the majority are advertised without the VAT. You can also get an assortment of ramps if necessary.


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The Shoprider Vienna is totally unsuitable for this lady. She lives in the countryside and needs a chair suitable for roads and/or rough terrain such as bridleways etc as well as suitable for indoor use.

 

I would suggest a Sunrise Medical Quickie Salsa M with Jay seating for support and comfort. VERY good chair all round and will eat up rough terrain quite happily. VERY easy to turn in its own length and they are modular so you can have leg hangers or footplate, electric seat riser, electric seat tilt, electric recline - bear in mind you can only have 2 actuators, so you could have electric riser and recline, but not tilt or electric tildt and recline but not riser etc. Seating, actuators etc can be added later as required.

 

They do two speeds. Either 4mph or 6mph. The 6mph version (178rpm motors) can be fitted with lights making it road legal.

 

New they are silly expensive. Used anything for £200 up depending on luck and how far you will travel.

 

Before you decide be aware that no matter what anyone says, you will NOT be able to pick one of those up with a couple of stong blokes and pop in the boot of a car. You will need a good size car (people carrier type) and the ONLY safe option for loading would be a 4 way hoist, many made but get a 4 way and not 2 way and get 150kg version and nothing less. You can load using portable ramps, but I strongly advise against this because it is extremel;y easy to power the chair over the edge and you do not want one landing on a leg!

 

Forget all about scooters. If you struggle to squeeze and steer you need a joystick and none can be fitted to a scooter without huge mechanical changes for actualtors to steer.

 

Trust me on this. Don't go by my user name. I really know what I am talking about when it comes to these things.

 

Feel free to PM me. If I can help in any way I will - NO I will not take a penny from you either, if I can help just shout.

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Think you have what I said wrong as I only used the Shoprider as an example because it comes apart for transportation. Similarly ramps have different uses and not always for loading/unloading.


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Thanks for the help. We're thinking about the information provided, it's a difficult decision because it affects the whole family. I'm wondering how badly I need to get out on my own!


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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My wife calls her Mobility Scooter her "electric legs" as we are at the stage where I can no longer push her in her manual wheelchair. We do like to go away when we can and a lot of the Spanish resorts are flat with dropped kerbs so she can plod on without having to wait for me, public transport is accessible to her also as she can just drive straight on to trains & buses whilst away.

 

Trying to decide if you need something and then what is a difficult decision as there is a lot to take into consideration. If it is mainly shopping centres or town centres you wish to go to then maybe the Shopmobility schemes are worth a think about, and for the low joining fee you probably can't be robbed + our local ones allow you guaranteed free parking. Do you have a Blue Badge?


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Yes I have a blue badge and we have a car that was new and adapted for me only 18 months ago.

 

An electric wheelchair would go in the boot, but it wouldn't allow any room for anything else.

 

In town centres etc I always have someone with me (I don't drive and public transport in the area is non-existant even if I could use it) who can push the manual wheelchair so that's not a problem, it's getting out locally on my own and ideally being able to negotiate slightly rougher terrain.

 

I only have reasonable grip in one hand and the scooter I've been using has a lever which you push forward to go forward, which I can do, but to pull back to reverse I have to let go of the handlebars so I can't steer at the same time.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Enquired with Motability about the cost of a suitable powered chair and nearly fell of the one I'm sitting on.

 

Over 3 years they get more than 3 times the cost of buying it outright myself, what are they, a pay day loan company?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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I know, I've just received the motability pack, and they take your motability payment off your PIP mobility payment, so £255 a month to hire a mobility scooter!!


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Has anyone have any experience of the newish folding electric wheelchairs, like the Pride i-go? I'd have to give up any hope of using bridlepaths etc, but I could at least get to the local shops on my own, it would leave plenty of room in the car boot for other things and we wouldn't have to change cars again.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Something to remember with Local Authorities/Council is they come under the Public Sector Equality Duty: https://www.equalityhumanrights.com/en/advice-and-guidance/public-sector-equality-duty

 

So if it is the Local Authorities/Councils responsibility make a complaint to them quoting the above and ask them to make a reasonable adjustment and see what they say.(ensure in the complaint to ask for a copy of their Public Sector Equality Duty Policy)

 

As for parking on pavements and the hazard to numerous disabled users I hope this does come into force on pavement parking see this link:

http://www.express.co.uk/life-style/cars/784500/pavement-parking-UK-laws-rules-ban-fine


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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

Please Donate button to the Consumer Action Group

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So after a trial we've bought a FoldandGo (can't link to the supplier obviously, but a search will find them) imported from the USA, and so far it's coped with everything, even off road up a stony, rutted slope and up the garden across what could very loosely be called grass, though I'd still be very wary of wet or muddy ground.

 

It's barely more than 30cm wide when folded, which it does in seconds, and only weighs 25kg so is relatively easy to get in the car, either in the boot or behind the driver's seat if the boot is needed for other stuff.

 

And the best thing isn't that I have my freedom back, it's that I have my confidence back. The difference in other people's attitudes is really quite astounding - on a mobility scooter I was a nuisance, in a powered wheelchair everyone is very quick to offer help so I have no fears at all about getting stuck somewhere etc. I am already so confident that I booked a flight yesterday and plan to get myself to the airport this end, though I am being met at the other end.

 

Having only previously travelled with a manual wheelchair and with a companion, I'm a bit nervous, but I'm still going to do it.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Really pleased for you as.it will no doubt boost your confidence. As for travelling then just make sure you have booked Special Assistance with whoever you are flying with and am sure all will go well.


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