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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...
    • 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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Blank A42 form?


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Hi,

 

My father is claiming ESA and PIP. He gets two pensions, both of which provide him with money that is topped up by the sea to make a livable wage.

 

He sends payment slips to the DWP, they decide he's fine, and is entitled to £8 a week from them. Which is good, because with his ESA active, he gets housing and council tax benefit. So he always makes sure he updates then about changes.

 

He has about £8k in savings, which is due to drop a lot as he has bought a funeral plan, will, and LPA agreements and is waiting for cheques to clear (solicitor recommended cheques, as the LPA clears much quicker with one for some reason) he's had this for 1 month, prior to that he was below 6k.

 

Today he got his usual letter in March, asking for an update on his pension... I guess because he will get a state pension in May, they want to make sure its all still the same too.

 

Attached to his recent request though  is an A42 form. But it's blank, and we don't know if it's normal.

 

It asks for his details, as I would expect, but the back where it says 'what we need' no boxes are ticked, where it says they would like to contact, the box is empty.

 

He's not sure what he's meant to be signing here, and what is going on, or what info to give as he has shown his pension and bank statements already on the other form

 

Does he tick applicable boxes, and give the details of his bank.... or should this have been filled already, and a blank form was sent by mistake (this particular form doesn't have his full name on either, it's addressed just to his first name)

 

Thanks for any help

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why not ring and ask...always the best way.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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1 hour ago, dx100uk said:

why not ring and ask...always the best way.

.

Hoping for a quicker answer, mainly. Everytime i call dwp I'm on hold for 2+ hours, and I don't always have that time available when visiting my dad, and he can't call himself due to anxiety. I'll try tomorrow though

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Or use his online hmrc.gov portal to the dwp. Your dad will have a journal page the re to ask things.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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18 hours ago, dx100uk said:

Or use his online hmrc.gov portal to the dwp. Your dad will have a journal page the re to ask things.

That's no use, unfortunately. He's on ESA, and the government portal DWP section is only accessible for a Universal Credit claim.

 

It's a bit crap really, can't find any information anywhere about the form can't ask them a question online, so need to call.

 

I'm writing this whilst on hold, and have been on hold since 9.20 so that's nearly 2 hours.

 

I need to leave in 15minutes, so unless they answer soon I wont even have time to ask and will need to call monday

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claimant can go to local Job Centre if this is the only way to speak to someone from DWP

We could do with some help from you.

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6 minutes ago, unclebulgaria67 said:

claimant can go to local Job Centre if this is the only way to speak to someone from DWP

 

This is hard though due to the aforementioned anxiety issue. He has huge panic attacks if he leaves his home, not to mention our local job centre isn't exactly easy to get an appointment at, and they won't speak to me at all.

 

This is part of the reason for the LPAs I mentioned earlier, so I can deal with stuff like this for him.

 

If I'm unable to contact them on Monday, I will try and arrange a face to face meeting. But I suspect it will be at least a week for that, and then can't guarantee I can even get him there without issue.

 

Really shocked there's no info online about this form. I've found others who have mentioned it, but they all say they received a form specifically asking about a bank account... this form has nothing mentioned, and seems like a template. I'm assuming it's an error, but don't want to just simply ignore it if he is required to provide something. But can't provide something if he's not sure what they're even after.

 

Fingers crossed I get an answer on monday

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9 minutes ago, tomtom256 said:

Only somebody from the DWP can you tell what they want completing and sending back.

 

I know that. I just wondered if anyone knew if it was normal to be blank... because it seemed to have been sent in error. Especially since its just addressed to his first name, and is sheet 4/12 but has no others with it.

 

No one seems to know, but old posts I found indicated it should have details on it, so I found it confusing. 

 

Not expecting people to know the ins and outs of his case and what they want from him, just if people had experience with this specific form.

 

No one seems to though, so may as well close the thread. Thanks for everyone's help and suggestions anyway.

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The A42 form may be the one, asking someone to list their savings and investments.

 

If this is the case, then yes it will be a blank form. 

 

What is the form asking about ?

 

Remember that DWP only keep any information for as long as it is required in line with Data Protection Act.  They will send forms out asking for up to date information

 

ESA is affected by other income, savings and investments.  So is this the reason for this form ?

 

According to info I found online the A42 is to enable to DWP to obtain up to date financial information that could affect any means tested benefits.

We could do with some help from you.

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21 minutes ago, unclebulgaria67 said:

The A42 form may be the one, asking someone to list their savings and investments.

 

If this is the case, then yes it will be a blank form. 

 

What is the form asking about ?

 

Remember that DWP only keep any information for as long as it is required in line with Data Protection Act.  They will send forms out asking for up to date information

 

ESA is affected by other income, savings and investments.  So is this the reason for this form ?

 

According to info I found online the A42 is to enable to DWP to obtain up to date financial information that could affect any means tested benefits.

 

He got the form along with 2 forms asking for updates for his 2 pensions. I figured it would be to do with his savings account, but as it just provides 5 tick boxes (none of which are selected, and 4 of which are none applicable) and then says "we would like to contact:" and then there is an empty box, which other people have mentioned having the same form where they specifically asked to contact a bank.

 

If its meant to be blank and for him to fill in his own details of his bank, I guess I'll help him get it all ready this weekend so we can send it off when they confirm it Monday.

 

I hope its not going to cause a huge headache cause he has a bit more than 6k in savings, because he only went over it when they backpaid him owed ESA, PIP, Housing and Council Tax as one lump sum after he'd cashed in a small 4k pension pot, he'd have never been over if they'd not removed his benefit last year without reason anyway

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Some savings can be disregarded.  These can include pension drawdowns, benefit back payments for a period of time.

 

Provide all of the information with the form and let a DWP decision maker review this.

 

If there are savings above £6000 threshold, there is a deduction amount that would apply which is think is about£4.30 for each £250 of savings above the £6000.   But if enough savings can be disregarded, there might be no deduction applicable

 

For ESA, it is only if the savings exceed £16000 they they would close the benefit.

We could do with some help from you.

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

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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