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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5037
Experience:  Solicitor
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We have found that the care home where a friend is have

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We have found that the care home where a friend is have cleared her bungalow of all her possessions and her home is sold subject to contract by Newcastle council without contacting her family or friends who they had telephone numbers for. On a visit this week my friend asked us to check on her home and this is what we found. I approached the home and they couldn't give me any answers saying she didn't want anything out of her home. She said this because she was hoping to go back. She is sound of mind. She has. Been in the home for approx 12 months and she had enough money in her bank etc to pay fees for most of this time. Although she is not in touch with her relatives now she does have relatives. She wants to go home as they told her she could get day care at home for 25 pounds a day which she can afford. We gave social care a lot of her jewellery which we had for safe keeping and they said it would go in the safe! We know everything she had in her home and her financial situation. She had a computer with all her contacts on for Xmas and birthday cards et. What can we do as this is cruel and disgusting and surely criminal
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you with this.

Did she give permission for the house to be sold please?

Customer: replied 1 year ago.
If she did it would have been under duress. She is 85. She had made a will with beneficiary Douglas Macmillan and then air ambulance. I have just returned from visiting her but she was traumatised because she has been told that her house has been sold. I am not a relative but have known her all my life and she had my sister down as next of kin. I think she will just give up now. They have now told me at the home that it is social services who have done this. There is nothing we can do about it now but surely they should have contacted us and should have taken an infantry of what was in her house. Her car was also gone from the drive. They were quick enough to contact her helper when she had to go to hospital for a short period to visit her. Can we take it any further.
Customer: replied 1 year ago.
We are horrified that we were not informed
Expert:  Jamie-Law replied 1 year ago.

When did all this happen? Did she know what she was signing?

Customer: replied 1 year ago.
I am sure she didn't because they would just fire questions at her and she would get upset. Her house was under offer still at the beginning of this week. My previous visit she was fine watching countdown on a tiny tv someone had put in her room at the beginning of the week but I don't think I will now get any answers from her she has deteriorated so much in week and will not talk only to shout go away. It was one of the carers that told us she has been told her home
is sold. Why now I don't know. I wouldn't have told her all her memories had been thrown away. There was a lot of stuff in her home and some of it was of value ie pictures cut glass silver pottery but all her photographs of her parents etc. She still had a repayment mortgage on the property but she had good nhs pension and all her bills were paid by direct debit
Expert:  Jamie-Law replied 1 year ago.

The only thing you can do is potentially seek an injunction to stop and reverse everything.

You would need to complete form n208:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n208-eng.pdf

And N16a:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n16a-eng.pdf

The court would list the matter for a hearing.

But it is all going to hinge on whether she knew she was signing the house away. If the answer is yes, then she does not have a leg to stand on. She knew it was for that, even if it was under duress.

If she didnt know it was signing the house then she has a chance, this is called the law of mistake.

Can I clarify anything for you about this today please?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank u but I don't think I can take the upset as I am old myself. She probably will not talk to me again thinking we have let this happen so will not be able to prove anything even though she expressed a wish to go home and pay for carers. I will get in touch with her god daughters parents if I can as I think she possibly bequeathed some possessions to her.