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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I sent my LBA on 6th December and heard nothing until today when I received a letter from Sandy Watt in customer relations apologising for not responding sooner and asking that I bear with them as they are currently investigating and will respond as soon as possible. I had the court summons prepared before this letter which I was going to hand in to the court on Monday. Should I proceed with the summons, wait and give them some more time or phone customer relations and tell them unless they pay up I will proceed with the summons?

Any advice is appreciated.

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Yes proceed with the summons, Keep to your timetable. they will delay you as long as possible.The quicker you proceed the sooner you'll get your cash.

 

 

Best wishes.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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I decided to phone customer relations to hear what they had to say which of course was a waste of time. They are considering each case individually and due to the volume they can't give any timescales as to how long it will take to consider mine. I feel a bit of an idiot for allowing them to delay me but am going to hand the summons in next week. Am I correct in saying that with summary cause I have to wait for the papers to be sent back to me with the return date and then I have to get a sheriff officer to serve them on the bank? How long does it usually take the court to send the papers back and do they then have to be served on the bank within a certain time?

Any help appreciated

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Hi, Tanzi.

 

Yes the court will send your Summary Cause papers back to you in about 3 to 4 Days. They also give you a list of Local Sheriff's Officers who will serve the claim for you. You have 21 Days before the return date on your papers to serve the claim.

 

Hope this helps.

 

Regards.

 

Scott.

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

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  • 1 month later...

I have been out of the country for a month and just got back to find a letter from Sandy Watt at customer relations offering £1410 in full and final settlement of my claim without admission of liability etc. The actual amount claimed is £1298 charges plus £421 interest, total £1719. Their offer does seem reasonable but I am thinking to phone them to see if they will pay the full amount or at least increase the offer. The return date for the summons is 27th February and after phoning the court yesterday I know they have not submitted a defence yet. Should I hold on and see if they put a defence in, as if they don't I win by default, or should I contact them now to see if they will up their offer?

Any advice appreciated

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Best bet is to just respond either by phone or mail accepting it as partial settlement and state that you will be looking to claim the full settlement.

If my post has been useful, tip my scales and let me know

 

Always start with the User guide!

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RBS CA1 £2794 SETTLED!!! RBS CA2 £503 SETTLED!!! HBOS CC £498 SETTLED!!! Barclaycard £705 (with CCI) ONGOING!!! NATWEST CA ONGOING!!! LLOYDS CA x 2, CC, LOAN ONGOING!!! HFC LOAN ONGOING!!!

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  • 2 weeks later...

I decided to accept their offer and wrote saying I require payment by cheque as the account they wanted to pay into is now closed. This was on 22 February but I have not received the cheque as yet. I have since learned after contacting the court that they intend to appear in court on March 6. It seems strange to make an offer and then defend the case in court. Not sure if their is some tactic here or if there is no communication between customer relations and their legal people, so it looks like I have to go to the court on Tuesday with their letter of offer which seems a bit pointless. Is this normal? Does anyone have any experience of this?

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