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    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • 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...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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army pension - no rights to a preserved pension pre 1975?


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I qualified for my army pension in 1987 due to being unable to work through illness.

They refused to pay me.

I have not worked a day since and am even classed as disabled.

They owe me over £87,000.

I didn't fight for it due to mental problems.

Can I make them pay up now?

Thank you in advance.

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podzak

do post up with further info. see if all can help.

i see from your other post you had some records, what happened there.

you're currently on benefits/disability, so that might help re the army claim?

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If you could perhaps provide some more details - have sent out S.O.S for you.

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Hi

 

Could you please answer the following questions?

 

1. When did you join the Army?

2. When were you Discharged from the Army?

3. Were you Medically Discharged or Normal Discharge?

4. How many years did you serve?

5. Has your illness/disability been classed as due to your Service in the Forces?

6. Have you applied to get your pension early?

 

You need to be aware that we need to try and find out which of the Forces Pension Schemes you come under as there are different rules for each scheme.

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I joined the Royal Engineers, sept '63.

Demobbed 8/4/72 and again 8/4/75

I was discharged as time served both times.

Served 11 years 240 days.

My disability was due to a fully loaded artic smashing into the back of my car when I was stationary at a red light.

I applied early on the grounds that I was unable to work due to the injuries.

I have since claimed my pension which I qualified for on reaching 60.

However, I delayed claiming for 2 1/2 years as I believed they would cheat me out of that too.

 

I am registered as Disabled because of my injuries.

 

At the medical, the doctor took a dislike to me, not believing I had to rest for 30 mins on my way to York, from Northumberland.

I believe this was why he did not allow my claim.

 

 

I phoned Kentigarn House this year and was told "They must have had a reason to dissalow it so just get over it"!

Edited by Podzak
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Hi Podzak

 

Could you Clarify the following:

 

You joined Sept 1963

Discharged 8th April 1972

 

Rejoined ???????????????

Discharged 8th April 1975

 

When did this Accident happen with the Artic?

Importantly to above were you On Duty at the time of the Incident?

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Hi Podzak

 

Could you Clarify the following:

 

You joined Sept 1963

Discharged 8th April 1972

 

Rejoined ???????????????

Discharged 8th April 1975

 

When did this Accident happen with the Artic?

Importantly to above were you On Duty at the time of the Incident?

 

 

Found my little red books.

Joined 12/8/1963.

Demobbed ( time served) 8/4/1972.

Reserve 9/4/1972 to 3/9/1972

Re enlisted 4/9/1972.

Demobbed ( again, time served) 8/4/1975

 

 

Accident 8/5/1982 ( not in army at the time)

Stopped working 21/1/1987 ( pain killers not working)

 

 

The doctor

A. Took a dislike to me.

B. Said I wasn't unfit for work. ( even though I had given up a very well paid job that I loved doing)

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Army pensions prior to 1975 (Except medical discharge) then you had to do the 22 years/18 years respective except officers, that is why many of us get nothing and we are in our 70s and were not National Service either, so if the service years do not add up then all we were told is hard luck BUT if we left after 1975 then we could claim proportion of service of not full -

 

Their thinking is to save money as more people in the forces prior to 1975 than after so pensions would cost government coffers.

 

Same with deafness from Guns etc prior to 1975 no claim can be made before that date, yet earplugs were only issue albeit too late for a lot of us in mid 60s, for most of us the damage unbeknown at the time has been done!

 

Unless you do a 2 -5 stint in government then no pension BUT they do even for that length of time.

:mad2::-x:jaw::sad:
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Hi Podzak

 

Sadly due to your service dates their was no rights to a preserved pension pre 1975.

 

In the armed forces, prior to April 1975, there was a system of gratuities for people who left before retirement and who had not completed sufficient years’ service to qualify for a pension (22 years or 16 years in the case of officers). There was no system of preserved pensions or any right to transfer accrued rights to a different scheme. An MOD factsheet explains:

 

"Prior to 1975 there were no rights to preserved pensions in any public or private pension schemes. Most schemes had very restricted qualifying criteria for the award of pensions. For instance, to qualify for a pension under the Civil Service arrangements, an individual had to be over age 50 and have served for ten or more years. Those who left voluntarily before meeting these criteria lost rights to pensions. For the Armed Forces occupational pensions were awarded only if a member had completed at least 16 years reckonable service as an officer or 22 years reckonable service as an other rank. Reckonable service is paid service after age 21 for officers or after age 18 for other ranks."

(The above is taken from Page 4 of Armed Forces Pension Scheme and preserved pensions PDF at the link below)

 

Read More Here: http://researchbriefings.parliament.uk/ResearchBriefing/Summary/SN01151

(Please go to bottom of webpage and download the Armed Forces Pension Scheme and preserved pensions PDF and read the report fully especially page 4)

Edited by stu007

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All very nice but...

"The Social Security Act 1973 brought about changes by requiring all pension schemes to preserve pension rights for those who left service after 6th April 1975 having completed at least five years qualifying service, and having attained the age of 26 "

I left on 8/4/1975, was 26 years and 364 days old and had served 11 years 240 days.

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Hi

 

I can fully see the angle you are getting at with that but the critical part of that is left service [b]"after 6th April 1975"[/b].

 

I think what you need is a full explanation as to why you are being denied this pension in writing.

 

What they may be doing is classing your service as broken service by this I mean 1963-1972 - 9yrs service, Reserve not counted as full time service, 1972-1975 -3yrs service and using your last period 1972-1975-3yrs service as the pension point I could be wrong.

 

I would question this and ask for full clarification please write to the following: (keep copies of all letters and get free Proof of Posting from the Post Office)

 

Veterans UK Pension Division

Mail Point 480

Kentigern House

65 Brown Street

Glasgow, G2 8EX

 

Please ensure you also include your full Service Number, Rank, Unit, Regiment, Service Dates (if possible scan your red book and print a copy and send that as well)

Edited by stu007

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  • 4 months later...

Kentigern house is full of [removed]

I have already spoken to them and all they said was "If your pension was refused, they must have had a good reason. Just get on with your life"!

Edited by dx100uk
behave - dx
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Hi Podzak

 

I know you say you spoke to them but do you actually have that response in writing?

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All very nice but...

"The Social Security Act 1973 brought about changes by requiring all pension schemes to preserve pension rights for those who left service after 6th April 1975 having completed at least five years qualifying service, and having attained the age of 26 "

I left on 8/4/1975, was 26 years and 364 days old and had served 11 years 240 days.

 

 

 

 

& we got nothing from the 50/60s unless we had done 18 years or full pension after 22 years, they did that on purpose as prior to 1975 ! = small pay and no benefits.

:mad2::-x:jaw::sad:
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Hi Podzak

 

I know you say you spoke to them but do you actually have that response in writing?

Nope.

when you're fobbed off a second time it's not what springs to mind m8.

I never thought i'd need that kind of proof.

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Hi Podzak

 

I can appreciate what your saying but don't get fobbed off by them (does the person you spoke to really know and understand all the forces rules and regs for the response you got?) put it in writing to them what your issue is and ask for full clarification. (remember to keep a copy and get free proof of posting from the post office)

 

If you have it in writing it should also refer to the different military regulations which can then be checked against your service.

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Hi Podzak

 

I can appreciate what your saying but don't get fobbed off by them (does the person you spoke to really know and understand all the forces rules and regs for the response you got?) put it in writing to them what your issue is and ask for full clarification. (remember to keep a copy and get free proof of posting from the post office)

 

If you have it in writing it should also refer to the different military regulations which can then be checked against your service.

 

Thank you.

I'll try to do that.

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Hi Podzak

 

Let us know what they say when they get back to you.

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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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  • 4 weeks later...

Hi Podzak

 

Have they got back to you yet?

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