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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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Urgent help: I have made errors and I'm at Allocation Questionnaire stage

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I initiated my case using Money claim online. Barclays have lodged their defence and now I must complete the allocation questionnaire by next Monday, 15th Jan 2007.

However I have a few problems of my own making.


I tried to be clever and claim the contractual interest Barclays charged to my account. My argument was that I picked a point in time when the sum of unpaid referral charges on the account exceeded the current arranged overdraft limit (the current OD limit is the maximum it has ever been in the history of the account). This meant that as the account has not been allowed to go over the OD limit and unpaid charges accrued on the account over a 6 year period exceed the current OD then all monthly interest charged by Barclays after this point is unfair in my view as it was against their illegal charges.


1) My dilemma is that one of the charges was more than 6 years old meaning that I have to readjust the point in time from when I can start claiming interest in accordance with my argument. It would only mean knocking off one month's interest charge of £4.99.


2) As you've probably gathered from 1) I also need to knock off a single unpaid referral charge as it was more than 6 years old.


3) I claimed Statutory interest at 8% from the point of issuing the claim on Money claim on line, 27th November 2006, rather than from the statutory interest on each individual charge made to the account. I know this sounds stupid now but this is what a so called solicitor advised me to do but when asking them further questions since submitting the claim they've turned round to me to say they don't know anything about civil cases.


What can I do to unravel this muddle I have created for myself. The claim is for Charges £1510, Contractual interest £153.19 and Statutory interest of £4.01 accruing at 36 Pence per day.


Do I write a letter to Barclays to include a new schedule dropping the charge more than 6 years old and drop the contractual interest as this is causing too much confusion for the sake of £153. Can I do this if I'm at the stage of having to complete the Allocation Questionnaire or is it too late. I presume its to late to generate the Statutory interest from the start of the charges.


I know I've been stupid but please can you help asap as I need to act quickly.

Many thanks



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okeef - I would personally just let the case unravel of its own accord. You cannot submit an amended schedule at this stage, and I don't really see much point in it anyway...I'd proceed as normal and let Barclays decide on what they will and won't pay you. They will settle before a court hearing anyway, so if they offer you an amount you are willing to accept (less any contractual interest/old charges) that you're happy with, then take it. You may get lucky in that they settle the whole amount without question. I personally wouldn't rock the boat at this stage as it will probably highlight incompetence, and you don't want to give Barclays any room for bullying/delay tactics.






DAY 1: 12/09 - S A R to British Gas

DAY 45: 27/10 - Data Non-Compliance sent off

DAY 67: 18/11 - N1 Deemed served

DAY 114: 03/01 - Judgment served £60 cheque rec'd; Prelim sent for overpayment refund of £393.06

24 Days: E2Save Settled in full £70

59 Days: Barclaycard claim Settled in full £134.39

162 Days: Halifax Settled in full £1543.80

179 Days: Barclays1 Settled in full £2450.45 + £447.02 in costs

254 Days: Barclays 2 Settled in full £1450.91


Advice & opinions offered are personal, and are offered informally, without prejudice & without liability. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Bit of a mucking fuddle!!! But I agree, the simplest course of action is to let it go ahead as is. You can't claim contractual as well as s69 8%, only one or the other and Barclays may pick up on this. But at the end of the day they will settle rather than risk going to court.

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