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    • This is the other sign  parking sign 1a.pdf
    • 4 means that they need to name and then tell the people who will be affected that there has been an application made, what the application relates to (specificially "whether it relates to the exercise of the court’s jurisdiction in relation to P’s property and affairs, or P’s personal welfare, or to both) and what this application contains (i.e what order they want made as a result of it) 5 just means that teh court think it is important that the relevant people are notified 7 means that the court need more information to make the application, hence they have then made the order of paragraph 1 which requires the applicant to do more - this means the court can't make a decision with the current information, and need more, hence paragraph one of the order is for the applicant to do more. paragraph 3 of the order gives you the ability to have it set aside, although if it was made in january you are very late. Were you notiifed of the application or not?    
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    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
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Help?! Got in too deep wit CTC cclaiming as single


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I've been so stupid. I moved in with my partner in May this year, we claimed HB, JSA, council tax ttogether but not Child Tax.

I'm as aa single claim and they found out after I wwent on Experian website. They have sent me a letter only mentioningaAugust to now they think I am lliving with Mr ******* which I am.

 

I am bricking it. I should have called them and was goingto until Bailiffs aarrived a month after for council tax from a few years ago (my housing didn't even say it had gone to them when I paid 5 days earlier)

so I had to pay council tax in full. And bailiffs wanted their fees so since then have been in hiding.

Then. The licence turned up as I cancelled DD and I got a summons to court. I was fined and am still paying my fine off Inc TV licence.

My step daughter went to live with a relative so we have to pay a large sum of CSA monthly.

 

Stupid I know not to tell them as I didn't want to have no money for 8 weeks. But now it's near Christmas and this has happened.

If I don't pay my fine bailiffs are back.

If I don't pay bailiffs they are back

if I don't pay TV licence I will be in court again.

 

I'm too scared to call Child tax credits I can't eat (good diet but wouldn't recommend it) me andmy partner are arguing

We are having to sell out dog just to get food as I know it will be stopped and I will get sent to prison or in the paper and all over social media.

I feel sick at the thought of it, and I don't know what to do. I have until December the 4th. They want me to call them or send in paper to prove I don't live with him.

What will happen to me?Please help! My family don't want to know or help and my partners family don't talk tohim.

I have a 11, 10 and 5 year old. I can't even afford schoolshoes my 11 yyear old has to wear plimsolls to school .

 

I've been so stupid.

Edited by honeybee13
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Hello and welcome to CAG. I'm sorry to hear that you're having problems.

 

It may not be as bad as you think and it has to be pretty bad for them to send you to prison. I would forget about that if the claim only dates back to May this year.

 

Please bear with us until the people in the know can get here to advise. :)

 

HB

Illegitimi non carborundum

 

 

 

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So, just to be clear, CTC has sent you a letter as they believe you have been living with your partner since August. This is true as far as it goes, but you actually started living with him in May. You informed all of the other benefit offices at the appropriate time, but not CTC. Is this correct?

 

Under these circumstances, I'm going to say that you must tell CTC the truth as soon as possible. There is no good reason to wait: they're on their way to finding out the full story anyway, and it's far better for you that you be the one who tells them. But do not panic. Easy for me to say, I know, but panic will not help the situation.

 

There are a few possible outcomes. If you have been overpaid CTC they may simply seek to recover the overpayment. HMRC is not as "trigger happy" as, say, the DWP, when it comes to prosecution, but given that you failed to inform them of a relevant change in your circumstances and that failure has very possibly resulted in your being overpaid CTC then prosecution is a possibility. It would depend on the specific circumstances, how much of an overpayment is involved and so on. Unless we're talking about a very large sum of money, or you've previously been convicted of benefit fraud, I would say that prison is extremely unlikely.

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Yes its only CTC I didn't inform. I only kept it going until I pay the bailiff and my fine, I have never done anything like this before and was so stupid of me. (7 months worth)

I have to ring a number and speak to someone but I'm so scared. I'm scared I will be in big trouble, andwill bbe telling them it's been since May but I have seen so many stories on Google and Facebook of people being convicted.

I didn't do it because it was "more money" I didn't want the bailiffs to take my stuff. Since moving in with my partner it has been stressful as he hasn't paid many bills so I ended up covering them. Inc paying £1000 out, to a debt he owed.

Then after the bailiffs who are still hassling me even though the balance with council tax is paid (paying my dad back the money) and want £235 X 2, £75 X 2

then TV licence, and court fine. I didn't want things to get worse but they have already.

I'm so scared. I feel sick. I regret this decision so much. I think it's only about £1500 I owe them by the calculator. I say only.

What will happen to me ? Will they charge me? Will I get a record for fraud ? Even saying the wword "fraud" makes me feel sick.

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There are a few threads running on this topic and it would pay you to read up on the advice given.

 

Getting this sorted now before it gets out of control is the best advice you need. You could face a financial penalty and or sanctions. Repaying the overpayment could cause you financial strain.

 

There is a post in this section that has some good information links within it on this subject. You could face an interview under caution (IUC) where you may be given the opportunity to explain how you came to not notifying a change of circumstances.

 

We don't judge anyone here but do suggest that the best course of action is to make a full and frank statement when asked to do so.

 

You may not have informed the Local authority about changes for your council tax so consider this as well. As far as what will happen to you is on a case by case situation. Please read up on other threads similar to yours and this may help you understand the importance of what you are now facing...

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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We can't say for sure what will happen, and as Mikeymack says, there are a few other threads on this topic running at the moment. Definitely worth reading them.

 

If you can't face speaking to the CTC office on the phone, you can inform them by letter but to repeat what I and others have said, you have nothing at all to gain by delaying or not telling them. They will find this out and it will be a lot better if it comes from you.

 

£1500 is a lot to you and me but it's not a huge overpayment in the grand scheme of things and, as I said, HMRC is less inclined to prosecute than other benefit paying departments. However, we just don't know what they'll decide.

 

One other thing: you seem to be saying that the bailliffs are hassling you for a debt you've already paid. I know it's a separate matter entirely, but I think if it were me I'd be looking into dealing with that as a way of taking at least a little of the stress off.

PLEASE HELP US TO KEEP THIS SITE RUNNING. EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

The idea that all politicians lie is music to the ears of the most egregious liars.

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As mentioned, there is no way to know for sure what action HMRC will take but it is highly unlikely they will prosecute for 6-7months worth of money. It is more important to HMRC to get the money back.

 

Call them, confirm the actual date he moved in May and let them calculate what you owe. You'll then need to discuss a repayment plan and ask for an eligibility calculator for a claim as a couple.

 

No reporting it or replying to them now will only make matters worse.

Don't bother reading Facebook or googling, you are only going to read the worst case scenario. They wouldn't post stories simply about overpayments.

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Slightly off topic but you need more advice re: your fines. Since you mentioned this above and this is classed as a priority debt this needs to be dealt with ASAP, this way you will not find your self further in debt.

 

 

You should contact the Court that is dealing with your account and ask for further time to pay. You will need to fill in what we know as a MC100 form. This is a financial assessment form that the Courts use to arrange for you to pay your fine by instalments. I would contact them asap and ask for further time to pay and stick to it like glue. Failure to do so could see this debt increase significantly, by this I mean if you default and the Court issue a Warrant of Control against you the fine will increase significantly by at least £75.00 plus a possible £235-00 for visiting your home.

 

 

I am not trying to scare you but point out the obvious that we see daily on CAG, so please set your priority debts as soon as possible, firstly this should be the fine, (consequences could be dire.) Council Tax, Rent, gas electric food clothes then everything else. With the overpayment issue you could enter in to an agreement to pay it back by instalments.

 

 

Let us know how you get on.

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Thank you for replying.

 

I owe £95 to the courts and have to pay £20 a month. Bailiff fees are £50 a month. CSA is £140 a month. Lowell is £60 a month. DwP loan is £40 a month. I pay £48 a month for TV licence then pay £12 a month when I have brought a years one and can't miss one payment for 6 months.

 

So when I moved in, I had to pay all this and I didn't want to end up in even more trouble, I had the bailiff out every few days and in 18 days had 12 letters of them.

 

And now i wish i had. As i don't want to be known as a fraud and cancel my CTC as it leaves us £380 a month to live on.

 

CAB isn't open near me until Monday so I can't go see them.

What will CTC say when I call them ?

Should I just say yes i done it and say May 1st I moved in?

Do they want paperwork sent to them?

Will I have a caution/charge fo fraud ?

 

Also my partner was claiming CTC for his daughter aat the time but she has moved out. So he doesn't get it anymore (until September )

 

What will happen in regards to him?

Will they go criminal because of that ?

 

This is such a mess. And if anyone is reading this and are doing the same, please ring them up. I have never known stress like this before and it isn't worth it.

Edited by honeybee13
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Hello again.

 

We've said several times that we can't predict what they will decide, but I think it's safe to say that if you leave dealing with this, it could easily get worse.

 

I would say your partner's claim is a separate issue I suspect, but it would be nice if someone who knows more than I do would confirm that.

 

Please ring them and you'll start to feel better. I can't remember anyone who has admitted to overclaiming who was given a hard time when they rang up.

 

HB

Illegitimi non carborundum

 

 

 

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Since you have listed Lowells with a debt I suggest you start a new thread in the debt forums for even more useful advice. This could not be a priority debt (Unless it is a CCJ) this could be dropped to £1-00pm get that thread started ASAP as it may help you resolve this as well.

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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The partners claim is a separate issue and if they link both claims, as they may due to data sharing it may have an impact when deciding what to do. This could be seen as an organised fraud (a possibility) two individual claims with same partners is more complex and may result in a different approach by HMRC.

 

You both should resolve yours claims asap. If the amounts are substantial then the overpayment could take a long time to clear, therefore leaving you very short and financially worse off in the long run.

 

I wrote a guide on benefit fraud earlier this summer and it is awaiting for admin to approve it for posting.

If I have been of any help, please click on my star and leave a note to let me know, thank you.

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Oh god.

I knew this would be bad

i was gonna call but re read my letter and they want me to send documents? So should I send documents? council tax bank accounts etc.

The over payments are 6 month worth.

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Oh god.

I knew this would be bad

i was gonna call but re read my letter and they want me to send documents? So should I send documents? council tax bank accounts etc.

The over payments are 6 month worth.

 

Call them first and admit your error. They'll tell you if they'll still need more.

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Oh god.

I knew this would be bad

i was gonna call but re read my letter and they want me to send documents? So should I send documents? council tax bank accounts etc.

The over payments are 6 month worth.

 

 

 

Please don't panic. Supply the required information then once done they will write to you again. 6 months is not a long time so please send off the letters then update your post later..

Edited by mikeymack2002
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