Jump to content


  • Tweets

  • Posts

    • you need to realise that for every person that does come to CAG and register and tell their story...there are poss 10'000 that don't but search the interweb whereby threads that are here pop up relating to like issues they are searching upon.   Most CAG siteteam and many other registered Caggers give advice that bears this in mind and post information which not only informs the starter of a thread upon what to do, but also takes into consideration the readers from the interweb that also read the relevant advice given that might not be brave enough to register and fess up.   to that end, there is very little alternative than to appear to give 'grief' [you deserve it - tough] to a cagger should certain previous advice not have been followed.....yours is a very classic case of such. hey I've found a backdoor CCJ.   to put it bluntly, had you have followed such previous advice, you most certainly would not be in the situation you are in here now.. .so by example, not giving you grief, for future readers...………..   ...never ever move without informing a debt owner of a move of address on any consumer debt that you last used or paid within the last say 7yrs. your credit file is a major key to ascertaining that information.... .but don't just read this advice come to the consumeractiongroup.co.uk website and let us help.   lecture over... what can you do..or more importantly....what can a claimant do now they have a default forthwith judgement against you. well we can't guess.... they might simply ignore it as 1000's of people with CCJ's find out..but it becomes an issue should you wish to say get a mortgage, remortgage or further credit.   i'm not going to enter into any of that here...that's for the reader to start a thread here and seek advice on their individual situation specific to them as you have done....   so...  bearing the all of the above in mind...over to you with regard to this backdoor CCJ.   as for the other debts that you didn't action before...go read your old thread and action what appropriate advice is given there for each type of debt that has been given should you wish to avoid any further backdoor CCJ's.   dx                    
    • hello my very good helpful friend. I am afraid to say that i did not. As i did not realise the relevance of it.   Should i be doing this right now of anyone on my credit file ?   Plz don't give me grief if u have already advised me...   do i do the ccs request now to everybody in that thread ?    
    • aha busted and stupid ...no wonder you've got mixed information here. never trust anything they say ..they have a very bad reputation for stating the truth.   now can you go get your credit file please..   there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.   me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.   don't worry about the sat visit simply ignore do not answer the door if he appears. your task is too gather data at present.   credit file please..        
    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
  • Our picks

style="text-align:center;"> Please note that this topic has not had any new posts for the last 483 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Mum has Power of Attorney for her husband who has Parkinsons and lewy body dementia. Whilst she's managing the day to day stuff, she is really struggling to cope with finances, not least because she's caring full time and doesn't get 5 minutes to herself most days.

 

She's asked me for help with sorting out Dad's bank account as there's lots of payments going out every month that she knows nothing about. Spent a day yesterday going through all the paperwork she has (she saves everything, but Dad went through a phase of throwing everything away without opening it just before he was diagnosed) and I've brought home everything I think is relevant, but dealing with it all is not going to be simple - for lots of things all I have to go on is a name, not even a reference - and though I have a copy of the PoA and signed authority from Mum, I don't think the banks etc are going to want to talk to me.

 

It would be a lot simpler if Mum could add me to the Power of Attorney, but from what's on the OPG site we don't think this is possible. Does anyone know of a way around this?


RMW

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

Share this post


Link to post
Share on other sites

Letter of authority.

In the same way I can authorise the bank to allow you to discuss my bank account (but not make withdrawals from it), your Mum, holding the activated power of attorney, can authorise the bank to discuss the account with you (while you are gathering information on her behalf).

 

That way you don’t need to be appointed as a deputy, as you don’t need to make decisions on how the accounts funds are spent.

Share this post


Link to post
Share on other sites

I'm trying to get everyone to talk to me on that basis, sent all the letters this morning with copy PoA and copy authority, so fingers crossed.

 

Most of the payments for which we have no information are standing orders to the likes of Capquest, but with no reference number quoted, so presumably they're either tracing the correct account to credit by means of the name and address or they're just sticking it in a general account and waiting for someone to get in touch about it. Either way, apart from one credit card which has only a very small balance, Dad has definitely not received any correspondence from any of these people for at least 18 months.

 

There's also an Orange account, presumably for a mobile phone, at £38 a month, only Dad doesn't have a mobile and couldn't use one if he did. He last had a mobile at least 3 years ago. Obviously it's not Orange/EE's fault if the contract has never been cancelled, but you'd have thought they'd query an account that hasn't been used at all for that long. I'm hoping I'll be able to get some of the money back, but I'd settle for cancelling the contract with no notice required.


RMW

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

Share this post


Link to post
Share on other sites

Changes to a POA can only be made by the donor, the person giving it, while the donor still has mental capacity to do so. As the POS has been registered with the OPG by your mum presumably your dad no longer has mental capacity to manage his affairs and therefore does not have the mental capacity to change his POA either. So no, it cannot be changed. BazzaS's letter of authority suggestion is probably easiest.

 

Or if you are doing it all by post how good are you at writing your mum's signature? :-) I had POA for my mum but for several years before I activated it my mum, although she still had mental capacity in the legal sense, wasn't coping very well with lots of aspects of managing her bills and asked me to take care of them for her. My version of her signature on letters was never queried!

Share this post


Link to post
Share on other sites
Changes to a POA can only be made by the donor, the person giving it, while the donor still has mental capacity to do so. As the POS has been registered with the OPG by your mum presumably your dad no longer has mental capacity to manage his affairs and therefore does not have the mental capacity to change his POA either. So no, it cannot be changed. BazzaS's letter of authority suggestion is probably easiest.

 

Or if you are doing it all by post how good are you at writing your mum's signature? :-) I had POA for my mum but for several years before I activated it my mum, although she still had mental capacity in the legal sense, wasn't coping very well with lots of aspects of managing her bills and asked me to take care of them for her. My version of her signature on letters was never queried!

 

That's fine whilst it works but a conviction for fraud can be difficult to shake off.

Don't do this.

 

H


40 years at the pointy end of the motor trade. :eek:

Share this post


Link to post
Share on other sites

If the OP

a) isn’t moving money (or exposing another to loss / risk of loss), and b) there is no dishonest intent : it isn’t fraud by false representation

 

The OP could take the chance to do so for making enquiries about the accounts but not making any changes, but a letter of authority would definitively sort it at less risk

Share this post


Link to post
Share on other sites
That's fine whilst it works but a conviction for fraud can be difficult to shake off.

Don't do this.

 

H

 

You have jumped to conclusions Hammy1962. I wasn't advocating fraud and would never commit it myself. What I suggested was a way of gathering the information and dealing with the administration of accounts and contracts. Fraud involves both dishonest purpose and intent to make personal financial gain (look at the CPS website if you don't believe me). Completely different to what I talked about and from what OP was asking about.

Share this post


Link to post
Share on other sites

put what you want from the banks in writing and get you mum to sign it. She then gets sent the stuff and you read it.

The letter of authority wont be ignired becuse they dont like it, they generally just dont have a tick box for that on their computer input so it gets ignored. utility co's are much the same but s you can switch online easier to get round.

Share this post


Link to post
Share on other sites

Orange/EE are asking for a copy of the original LPA application with each page signed and dated as being a true copy, and with a signed statement from Dad (even though they know he lacks capacity) that it is a true copy and represents his wishes. It all seems totally over the top, so I've told Mum to cancel the DD at which point they'll probably write with the information I asked for anyway.

What would normally be accepted as proof of Power of Attorney? I sent a copy of the document confirming the LPA is registered and that Mum is the only attorney.


RMW

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

Share this post


Link to post
Share on other sites
I sent a copy of the document confirming the LPA is registered and that Mum is the only attorney.

 

What document is that?

 

When I registered my PoA last year I had to send the original PoA signed by my mother to the OPG and they returned it with their stamp on each page [saying 'Office of the Public Guardian' - [date] - Registered] and each sheet of paper stamped through, making holes through the page, saying 'VALIDATED - OPG'. I didn't get any other document from them, other than a covering letter saying something like 'the registered POA is enclosed'. That was for an old style EPA, I don't know if they do the newer LPAs differently.

 

 

Everyone I sent the POA to required it to be a copy certified by a solicitor, and that meant each separate page of it had to be certified. That's normal practice. Make sure that when solicitor copies the page they put something dark behind it so that the VALIDATED - OPG piercing shows up. You might be able to save money by taking the original to an EE shop and getting them to take the copy and send it on internally. I've not tried that with mobile companies. Banks do it all the time but I suspect you might get a blank look at some mobile company stores.

 

 

EE's second request, for signed confirmation from the POA donor, is daft and not something I was ever asked for. As you correctly say, the whole reason OPG will register the PoA is because they are satisfied the donor no longer has mental capacity. So not only may they be physically unable to issue such a letter, even if they did it would be meaningless.

Share this post


Link to post
Share on other sites

Barclaycard have accepted a copy of the search from the OPG site (or they may have repeated it themselves, it's free, can be done by email and took 2 days). There are two accounts apparently - we only knew about 1 - and all they've provided is balances even though we asked for statements etc.

 

Orange/EE have not responded further or written to the account holder even though we cancelled the DD two months ago now, they're just reporting late payments to the credit reference agencies. Presumably they will write eventually.

 

Capquest have been unable to trace any account in that name at either the previous or the current address. We've cancelled the SO, but Capquest also say they can't trace receiving any payments so they can't give any money back. I may need help with this one, so I'll start a new thread and leave a link here. https://www.consumeractiongroup.co.uk/forum/showthread.php?489140-Capquest-can-t-trace-account-won-t-repay-payments&p=5139454&viewfull=1#post5139454


RMW

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

Share this post


Link to post
Share on other sites

For information, anyone can search the Office of the Public Guardian register https://www.gov.uk/government/publications/search-public-guardian-registers and get a certificate confirming all the information anyone might need. As I said above, it's free and took 2 days to receive via email. If the organisation involved won't accept a copy of the certificate, they can search themselves - a lot less hassle than getting the application copied and certified.

 

At least one organisation caved in and accepted my copy of the certificate as proof of Power of Attorney when I threatend to go to the ICO to get a ruling as to whether insisting on a copy of the application was a breach of data protection since it includes a lot of information which they have no need to see.


RMW

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

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...