My fence posts and panels removed.

Bendy_House

Taking down YOUR fence is not a 'civil' action (in any sense...), but criminal property damage. The police might raise their eyebrows at this  - they would need enough 'evidence' to act - but 'criminal' it is.

By referring to it as 'civil', the police are probably looking at it as a boundary dispute, and they won't want to become involved in that.

But, if it CAN be added, then do so :-) Not only do they deserve it, but it might help scupper/delay their (presumed) house-selling plans.

Have we asked if you have LP on your house insurance? If so, then they would hopefully take this on as a civil case if the police don't. And it'll be a claim for a complete new fence...

Yes, contact the police again, explain your concerns, show them the correspondence, and ponder how these folk can be doing so much work on the house if it has now't to do with them. It should surely be very simple for the police to find out who, if anyone, has POA, and whether the owner is being properly represented. For instance, is there a solicitor amongst the 'attorneys'? This would be usual in a case where immediate family was not available, or not enough variety.

If these folk genuinely have PoA, then all the sale proceeds should be going to the owner - who will likely need it for care.

It could, of course, be quite innocent, and the neighbour is genuinely being helpful. But it doesn't seem like it, does it?! Not just the aggression, but by not putting the house on the open market, it is surely not going to realise its full value - which is PRECISELY what PoAs should be trying to do for their 'client'. Care is expensive.

janbeno

No we don't have LP on our insurance

I will have a word with hubby and I think we will inform the police of these developments. Hopefully when he is charged and it's concluded we will then hit him with a personal injury claim .

SuzeQStan

I was really excited when I saw new messages on this thread and was hoping all the best for you @janbeno - it’s so frustrating to hear the run around you are getting right now.  I would seek and follow your solicitors advice to the letter. Worth the money for another letter to show the (very reasonable) steps you have taken to be given the stonewall treatment as your solicitor terms it.  All of this would presumably be recoverable in a civil case. Hope you get the outcome you need - thanks for the update - thinking of you

DanDare999

janbeno said:

Victim Support phoned before and she confirmed that it had been sent to CPS on 17th. I mentioned about all the extra stuff regarding the fence and the police regarding it as 'civil' and that if they do charge it may be possible to add criminal damage onto the charge?

I did also mention about the totally secrecy involved on his side and that the solicitor regarded his reply as 'funny' and not in the ha ha way.

I have sent an email to the PCI that's dealing with the assault, asking for an update. We were wondering whether when she does reply to attach the 2 letters . The solicitors to him and the reply, saying he's totally stonewalling and the solicitor and we think that there may be some sort of underhand dealings going on?

janbeno said:

Victim Support phoned before and she confirmed that it had been sent to CPS on 17th. I mentioned about all the extra stuff regarding the fence and the police regarding it as 'civil' and that if they do charge it may be possible to add criminal damage onto the charge?

I did also mention about the totally secrecy involved on his side and that the solicitor regarded his reply as 'funny' and not in the ha ha way.

I have sent an email to the PCI that's dealing with the assault, asking for an update. We were wondering whether when she does reply to attach the 2 letters . The solicitors to him and the reply, saying he's totally stonewalling and the solicitor and we think that there may be some sort of underhand dealings going on?

Him refusing to cooperate with your solicitor isn’t a police matter.

Adding a charge of theft/damage to the fence isn’t that simple. Did you provide evidence of this to the police by way of a statement and had be been questioned about it?

janbeno

the police were told about the destruction of the fence and I started off my statement with off with the reason why I was talking to him before the assault. 

Although the assault is the most important issue, I do worry that something underhand is happening with regards the sale of the bungalow?

Bendy_House

janbeno said:

the police were told about the destruction of the fence and I started off my statement with off with the reason why I was talking to him before the assault. 

Although the assault is the most important issue, I do worry that something underhand is happening with regards the sale of the bungalow?

This person's behaviour is highly irregular and very suspicious at best. Or, he could just be a knuckle-grinding thug with a heart of gold.

You have legitimate concerns that the welfare of your neighbour might not be their priority. Taking advantage of a PoV is a serious matter. You are passing on your concerns - and that's what a good neighbour should do.

Bendy_House

I'd hope that the police would make some basic inquiries based on this person's behaviour, and your suspicion that they may be trying to sell the house quickly and quietly.

It might be innocent and helpful, but they are not 'behaving' like altruistic folk. 

Worth a read here too: 
https://www.gov.uk/report-concern-about-attorney-deputy-guardian

Mojisola

janbeno said:

Although the assault is the most important issue, I do worry that something underhand is happening with regards the sale of the bungalow?

Have you bought the Land Registry documents for the neighbour's house - you can see who is named as the owner and where the boundaries are.

Like you, I would be concerned that the elderly neighbour is being ripped off somehow - is there any chance that the solicitor who has control of her finances is the daughter of the man who assaulted you?  It seems strange that he has control over what happens to the neighbour's house.

I would contact the local council and report your concerns to the adult/vulnerable people safeguarding team. 

elsien

If you want to find out if there is a financial power-of-attorney or deputy acting on your neighbour’s behalf, then there is a form you can fill-in and email on the OPG website.

It is a matter of public record and you do not need to explain why are you are you are requesting the information.

If there is no one shown, it could mean that it’s still going through the court of protection but if you were so inclined you could contact the local authority and raise a financial safeguarding on her behalf.

DanDare999

janbeno said:

the police were told about the destruction of the fence and I started off my statement with off with the reason why I was talking to him before the assault. 

Although the assault is the most important issue, I do worry that something underhand is happening with regards the sale of the bungalow?

How exactly was that phrased, along the lines of its your fence and no one had permission to remove or damage it?

Have you been told what he said in interview? It may well be the case he has denied any damage and that is the reason they've gone to CPS. If that is the case the. I'd expect CPS to send the file back with an action plan for further work before they make a decision. The additional work being can we prove who the fence belongs to and how. They will want sight of an documents before they decide.