DWP claw back long after all funds dispersed by appointed solicitor

[Openlaw15]

Re: DWP claw back long after all funds dispersed by appointed solicitor

Wow.. thank you for your immediate answer.

I think I have confused the issue. My sister and I used this company for us (my sister and I) to have Enduring Power of Attorney for our mother, as she was already struggling with alzheimers. I should not have said Lasting Power of Attorney. Papers were drawn up in November , 2005 and Registered with Court of Protection on 01 June 2006.

Thank you.



QUOTE=Openlaw15;633086]Update: I would not pay them a penny unless it is by a court order, as at that point you can argue you mother did not have capacity to know there had been a change of circumstance. The estate is responsible for any claims according to DWP law but not the personal representative, ie the executor. The estate has been distributed so I cannot see how they will prove a claim against you in Canada. That is the point; if you're in Canada you'll have to be served by court documents to your home address, then you can defend it in your local court. I just cannot see this happening...it will cost DWP too much money. They will not throw away good money after bad ..as they know it's a dodgy claim anyway. I think these lawyers are just trying it on. Remember it's only a civil claim which means they (being DWP) have to prove they're a debtor.

They are not two separate issues if the lasting power of attorney and probate issues were being dealt with by the same lawyer company.

[/QUOTE]

Hi JudyCC

DWP either have to sue for the money in a County Court in England or sell the debt to debt collection agency to trace you in Canada. However if they can't prove the debt in England and serve you in Canada, they can't prove there is a debt in Canada to sell to a debt collection agency to trace you in Canada. I cannot think of anything else that DWP can do! The company used for the EPA should have dealt with the DWP at the point in time when your mother did not have capacity and all these problems would have gone away.

[Judycc]

Re: DWP claw back long after all funds dispersed by appointed solicitor

Thank you Openlaw 15.
It still all sounds rather disturbing to me. I am a bit of a wimp and thoughts of collection agencies and court cases are more than daunting! Nonetheless, I don't want to pay my sister's share, yet feel very conflicted on what to do next. I know you are saying 'sit tight' - any other thoughts?

[charitynjw]

Re: DWP claw back long after all funds dispersed by appointed solicitor



3823 miles

Distance from England to Canada

(Just for reference)

[des8]

Re: DWP claw back long after all funds dispersed by appointed solicitor

https://www.justice.gov.uk/courts/pr...pd_part07c.pdf

"CLAIMS WHICH MAY NOT BE ISSUED THROUGH THE CENTRE
...............................................
(7) a claim where the claimant’s address for service as it appears on the claim form is not in theUnited Kingdom;"


and so court action against you is a no no.

[Openlaw15]

Re: DWP claw back long after all funds dispersed by appointed solicitor

https://www.justice.gov.uk/courts/pr...pd_part07c.pdf

"CLAIMS WHICH MAY NOT BE ISSUED THROUGH THE CENTRE
...............................................
(7) a claim where the claimant’s address for service as it appears on the claim form is not in theUnited Kingdom;"


and so court action against you is a no no.

Thanks for this Des. JudyCC, now this is stating no matter what a claim cannot be made against a person if they live outside the 4 countries of the United Kingdom. It is also implying that the debt cannot be proven in the UK so the debt cannot transferred or sold to a third party collection agency to trace you in Canada. There is no other remedy that am aware of. You have done nothing wrong so I wouldn't pay them a penny.