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Mumsnet has not checked the qualifications of anyone posting here. If you need help urgently or expert advice, please see our domestic violence webguide and/or relationships webguide. Many Mumsnetters experiencing domestic abuse have found this thread helpful: Listen up, everybody

Is there someone with legal experience on here please

36 replies

Karend123 · 22/02/2024 10:00

Advice needed please!!!
I do online shopping for my elderly mother (I live quite a distance from her) that includes both food, gifts and special event cards. My brother started to look through mum's bank statements for last year, quite rightly, and highlighted any queries as mum had given me authorisation on any purchases made. He highlighted charges from Amazon of about £70 which was my fault but hadn't realised had occured, I accepted the error immediately and told him it would be repaid on March 4th plus a bit more as a sort of compensation, so £100 would be paid. I set up the payment from my bank account and sent a copy of it to him. He (with the help of his wife who is ex police officer and ex PA to a Barrister) have written staying they want screenshots of the transactions in question and they should be received by a certain date. I don't see why I should as the error was agreed to freely and will be repaid. I have been made to feel like a criminal under investigation. Can he take me to court even though I will be repaying and apologised for the error? By the way, the error came about because I had done shopping for her on Amazon and I had hit the default button when adding her card. I did not realise. This is the honest truth but I'm sick to my stomach that this has happened.

OP posts:
TraitorsGate · 22/02/2024 14:39

Mortimerat · 22/02/2024 12:59

I’m going to go against the grain. He discovered you had used your mother’s accounts to pay for your shopping and decided to take a deeper look to make sure it wasn’t more than that, because frankly these things do happen. I have Amazon and I can’t see how I could inadvertently pay for my purchases with somebody else’s card.

It's easy especially if mum gave permission to use her bank card for something op may have ordered for her. I used to buy for my mum, using her card and also mine, but once managed to have my whole food delivered to her carehome by mistake as I hadn't selected the right delivery address that day. Its easy to forget to switch the default card and address.

Karend123 · 24/02/2024 14:59

Well update due. It looks like my brother is going to recind his Power of Attorney as he visited my mother and removed her copies, then returned them marked with "taken in error" by registered post. Mum is now beside herself because she thinks he won't visit her again. I have messaged him twice, the second time pleading with him not to blame mum, all she had done was ask for her documents back and told him to stop, as she would have with me if the tables were turned. Should I try phoning him after tempers have cooled, I know I have lost him as a brother, but it's not right that he disownes mum

OP posts:
Sparklfairy · 24/02/2024 15:08

Let the dust settle OP. He overreacted initially and he's overreacting now. I'm pretty sure he'll calm down, he'll be sniffing around with an eye on his inheritance soon enough so unlikely to cut her off completely. He's just trying to punish you both for 'stopping him doing his so-called job'. He can frame it in his own mind that he was protecting your DM but deep down knows it was an honest mistake and he went the wrong way about it, so is doubling down.

TraitorsGate · 24/02/2024 15:13

Leave it. He had no right to remove her copies, he knows that which is why he returned them marked taken in error. It doesn't make any difference anyway because the office of the public guardian have a copy, if he wants to recind he has to go through the proper channels. Ask mum to remove him as poa if he is going to be a twat and put yourself and your other brother down instead or appoint a solicitor. People lwith financial poa often love of power they think it gives them. Don't plead with him, if he doesn't visit then he can't upset anyone.

TraitorsGate · 24/02/2024 15:21

He needs to fill out a disclaimer form which he can download from the OPG

BMW6 · 24/02/2024 15:45

Mortimerat · 22/02/2024 12:59

I’m going to go against the grain. He discovered you had used your mother’s accounts to pay for your shopping and decided to take a deeper look to make sure it wasn’t more than that, because frankly these things do happen. I have Amazon and I can’t see how I could inadvertently pay for my purchases with somebody else’s card.

I can see how it can happen, as I also use Amazon.

You put in your card details to purchase goods for yourself.

If you want to get stuff for someone else and pay with their card you have to change the card details from your previous purchase.

If you then revisit the site to buy yourself something you'd have to remember to change the card details back to yours.

Easy to forget.

MinervatheGreat · 24/02/2024 16:13

Sending a big hug and hoping that when the dust has settled you can carry on being the lovely caring daughter you clearly are.
Just repay the £70 and nothing more. That’s absolutely all it needs to be.

Tell your bullying nasty brother to “do one.” He sounds awful. He hasn’t got a leg to stand on. What a prat.
Meanwhile, brace yourself for the day when Mum/Dad pass away. Then you might really have to be strong and stand up to him. Start learning how to do that now. Today! 💐

TempleOfBloom · 24/02/2024 16:51

OP, you have done nothing wrong. Please do not wear yourself out trying g to appease your brother, all he is doing is being a nasty bully, to you and your Mum.

My siblings and I all had POA for our parents, it doesn’t just have to be one.

And it doesn’t give the holder carte Blanche to start interfering in the affairs of a parent who still has mental capacity and hasn’t asked for help. It sounds as if he is abusing his POA.

@Mortimerat if you can’t see how it can happen I can only assume you only have one card linked to your account. I have 4: my bank acct, my credit card, an Amazon cc that I didn’t really want and don’t use, and a card of a v elderly relative . If you don’t double check which card is ‘ticked’ or if you do a quick ‘buy now’ purchase it is so easy for one of the other cards to be used. Just because you don’t understand how it could happen doesn’t mean the OP is guilty.

LemonySnickets · 04/03/2024 20:11

I have Amazon and I can’t see how I could inadvertently pay for my purchases with somebody else’s card

3 adults have access to Amazon prime in our house. I have my bank card and credit card linked. My DP has a personal and a business account linked to it and his DD also has a card. Myself and DSD have on more than one occasion accidentally used each others cards as it's mainly just us using it. We often have to transfer funds between us! It's so easily done!

Zaxi · 04/03/2024 20:15

Karend123 · 24/02/2024 14:59

Well update due. It looks like my brother is going to recind his Power of Attorney as he visited my mother and removed her copies, then returned them marked with "taken in error" by registered post. Mum is now beside herself because she thinks he won't visit her again. I have messaged him twice, the second time pleading with him not to blame mum, all she had done was ask for her documents back and told him to stop, as she would have with me if the tables were turned. Should I try phoning him after tempers have cooled, I know I have lost him as a brother, but it's not right that he disownes mum

He's just a petulant fucking arsehole

MILTOBE · 06/03/2024 21:14

It's very easy. My daughter and I both have cards on my Amazon account and both use the account regularly. If I buy something I have to remember to change it to my card. If I don't remember (eg if I'm distracted) then it comes out of her account and vice versa. We just message each other to say "Oy" when that happens. No offence is taken.

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