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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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Reply to prelim but advice needed


DaleP
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Hello,

 

i sent off my prelim letter and statements which was received 12/01.

 

Today i received a generic letter from the imfamous Colin Langdale asking me to send the a summary of charges rather than statements with charges highlighted (i saw the BBC's how to claim before i found this site)

 

Now i will send off a summary but what do i do about time frame? do i treat this as the prelim letter and give them 14 days and then send off the LBA? or treat this as the LBA? as a week as passed since my original prelim letter.

 

Many Thanks

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letter wise, you can say you asked for the money back - that's the prelim - they just want it in another form - so do the spreadsheet, then use that as your breakdown of charges and i'd proceed to the lba - address this next one to the honorable c.l. - he does all the offering for the bank. so you've come to grips with the cag step by step instructions now?

you might want to take a look at my handy spreadsheet and interest link for those needing a little extra tuition (i wrote it for myself!) if it helps - fine! if you don't need it - that's fine too. it's post number 9 on this link:

HONEYGIE sees you HSBC! (multipage.gif1. you might follow the advice and look once more at the statements to see if you

pick up anything else - just read and try the link. there are some helpful other links on it, as well.

good luck. get back if you need help. just polish up the spreadsheet to send with the lba.

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Thanks lateralus,

 

I shall proceed as you say. Yes ive done the spreadsheet (with interest @ 8%) as per the link in the new users section.

 

yes i'm fully upto speed with the cag way of doing things.

 

Thanks again for your help!

 

Dale

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just checking - then you'll know not to ask for the 8% until the claim stage, right? just use the spreadsheet as your breakdown without the 8% for the lba, then add it on when you file your claim.

just stick to the schedule - no matter what stalling tactics they throw at you. and always post recorded delivery.

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Yes i know not to put on the 8% until MCOL time.

 

should i send the LBA now (its only been 7 days since the prelim) or wait until its been 14?

 

Just asking because i dont want to junp the gun and get egg on my face!

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i see it like this - you gave them 14 days to respond - they did respond - so, move to the next letter - you might tweak the lba template to say something like: thank you for your response dated xx/xx/xx. then put what the lba template letter says then say i am enclosing a revised breakdown of my charges. sending it in the spreadsheet form and using the cag template - they know you've got your act together and i doubt you'll hear from them again - they are just sitting there picking off the ones they can with stalling tactics (put your charges in another form, take this offer of 75%, we are looking into it )- whatever they can come up with. the 100% offers come - not from hsbc - but from their solicitors after you file your claim - usually about a month after - sometimes earlier.

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