ADVICE REGARDING DIFFICULT CIRCUMSTANCES

Hi, 

this is my first post. I could really use some advice regarding my current situation. 
I am diagnosed autistic with OCD, Moderate Depression, Anxiety Disorder, GAD7, Agoraphobia and Panic Disorder as well as social phobia. 
my physical health isn’t great and I have a diagnosis of Fibromyalgia and I’m currently seeing an immunologist, Haematologist & a Rheumatologist. 
I have been receiving disability benefits from 2006. I had to quit work due to my mental health and well-being. 
I was living with my mother at the time. My mother insisted that my benefits be paid into her account if I wished to live under her roof. Given that I had nowhere else to go I unwillingly agreed to this, (I was told on many occasions that if I had them changed back into my account I would have to leave home, Being that I am autistic and vulnerable and physically ill I knew this was not possible and this is how my mother maintained control over me, 

In 2012 after my gran passed away my mother asked me if I would like a new car as I have a driving license. I said yes as this would greatly benefit my quality of life as I would be able to attend hospital appointments etc… (as I was and still am unable to use public transport). 

My relationship with my mother has always been turbulent. 
in December 2019 I came to Bewdley to visit my fiancé. His mum and him drove me from Scotland to England. This was supposed to be a visit but then CoVid happened and I was unable to travel home. During my time here I had to start paying for housekeeping/digs but my mum was still receiving my benefit payments into her account. I advised that I would have to have them paid into my account so that I could pay my fiancé’s mother for living here. 

After I took back my benefits my mother ignored me for 3 months. I had a bad argument with my fiancé and contacted my mother who then told me that I was not all to go home. (Bearing in mind that all my belongings, my cat, car etc… are still in Scotland). 

My mother said I could go and collect my car etc.., however I just found out yesterday that she has sold my car. The problem is I do not know who’s name was on the V5 document because my mother dealt with the paperwork due to my autism deficits. 
I am heartbroken and in shock, I am also terrified that she may have started to or has already sold my possessions/belongings. I’m 400 miles away and she will not talk to me and states I cannot go home, I made monthly payments on the car for 5 odd years which she supposedly deducted from my benefits. 
I do not believe that this is fair or legal and I don’t know who to turn to or what to do as I do not have any other family, just my mum. 
Does anyone know whether I have any grounds for taking legal action against my mother. She has essentially extorted and taken advantage of my vulnerability as a person with autism and mental/physical health problems. 

I would be very grateful if someone could perhaps guide or advise as to any action I can take or if there is anything I can do? I’m very distraught and in shock. 

thank you 

Regards Charlotte 

Parents
  • I found this.

    Section 76 of the Serious Crime Act 2015

    An offence is committed by A if:

    • A repeatedly or continuously engages in behaviour towards another person, B, that is controlling or coercive; and
    • At time of the behaviour, A and B are personally connected; and
    • The behaviour has a serious effect on B; and
    • A knows or ought to know that the behaviour will have a serious effect on B.

    A and B are 'personally connected' if:

    • they are in an intimate personal relationship; or
    • they live together and are either members of the same family; or
    • they live together have previously been in an intimate personal relationship with each other.

    There are two ways in which it can be proved that A's behaviour has a 'serious effect' on B:

    • If it causes B to fear, on at least two occasions, that violence will be used against them - s.76 (4)(a); or
    • If it causes B serious alarm or distress which has a substantial adverse effect on their day-to-day activities - s.76 (4) (b).

    Taking money for a car registered in her name for your use with the intention of selling it or insisting your benefits get paid to her in order for you to live there may count as controlling or coercive behaviour. It may also be fraud. Beyond the car selling your property without consent may be theft. #notlegaladvice

    tl;dr talk to a lawyer.

Reply
  • I found this.

    Section 76 of the Serious Crime Act 2015

    An offence is committed by A if:

    • A repeatedly or continuously engages in behaviour towards another person, B, that is controlling or coercive; and
    • At time of the behaviour, A and B are personally connected; and
    • The behaviour has a serious effect on B; and
    • A knows or ought to know that the behaviour will have a serious effect on B.

    A and B are 'personally connected' if:

    • they are in an intimate personal relationship; or
    • they live together and are either members of the same family; or
    • they live together have previously been in an intimate personal relationship with each other.

    There are two ways in which it can be proved that A's behaviour has a 'serious effect' on B:

    • If it causes B to fear, on at least two occasions, that violence will be used against them - s.76 (4)(a); or
    • If it causes B serious alarm or distress which has a substantial adverse effect on their day-to-day activities - s.76 (4) (b).

    Taking money for a car registered in her name for your use with the intention of selling it or insisting your benefits get paid to her in order for you to live there may count as controlling or coercive behaviour. It may also be fraud. Beyond the car selling your property without consent may be theft. #notlegaladvice

    tl;dr talk to a lawyer.

Children
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