Laying Down The Law: Falsely Reported To The DWP By A Malevolent Phone Call

I’ve been falsely reported to the DWP by a malevolent phone call. DWP are now investigating me. Who would I best approach to help me with this?

Certainly a solicitor can help and you may very well be eligible for legal aid. Assuming so, your solicitor can find out more detail about what is being alleged, and help you get the evidence together to contest it. If benefits are cut or withheld, you are entitled to make an appeal against that. If you don’t want a solicitor then you could start with local CAB office for preliminary advice.

My neighbour refuses to trim back massive overhanging branches on my side of the fence. They are causing all sorts of problems – including the leaves blocking gutters and us having to clean our monoblocking five times a year.

You can cut back his branches overhanging your garden and give the branches back to the neighbour if he refuses to trim them.

My aunt suffered a stroke, and is in a care home. Her brother has declared that he is next of kin. He stated that since he is the next oldest he is automatically in charge and has taken control over my aunt's financial affairs. I think this is wrong as my aunt is capable of speaking for herself and can state who she wants to take care of her. I do not know who my aunt’s lawyer is or if she has appointed a power of attorney either. What can be done to protect her?

It doesn’t matter who is oldest or indeed closest in blood ties. Speak to your aunt to see if she wants you to be appointed as her attorney if one is not yet in place. She will presumably know, but if not, you can find out if there is such a document registered with the Public Guardian’s Office. Indeed I would suggest you urgently contact the Office of the Public Guardian (tel  01324 678300) www.publicguardian-scotland.gov.uk who can advise you as to your rights to be appointed and what paperwork is needed, or get a solicitor who is familiar with creating powers of attorney.

I have been married for eleven years with three children. I am registered disabled, my husband works so we bought a house in January with joint deposit money. The house is in my husband's name. The marriage has broken down. He says no matter what he is not moving out, I asked him for some money so I could move out he said no, I have nowhere to go with three small children. The atmosphere is unbearable and not good for my children.

You are entitled to a share of whatever capital there is within the marriage, even if some assets are in your husband’s name alone, as long as under law they are defined as matrimonial. A family law solicitor will go through the financials with you and advise in detail on what you’re entitled to which may be a half or even more of everything. Both you and certainly the children are likely to be eligible for substantial financial support from your husband even if you leave the house.

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