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    • https://www.consumeractiongroup.co.uk/topic/406231-the-pre-action-protocol-for-debt-claims-is-made-by-the-master-of-the-rolls-as-head-of-civil-justice-1st-oct-2017/#comment-5145126  
    • Quick update. I've now recieved a letter before action from them with a PAP form to return enclosed, still no credit agreement however. I assume just a case of following the PAP thread and returning form with no CCA as the reason?
    • Thanks for coming back and letting us know. Obviously we totally disagree with their decision.  Their remortgaging could only have gone wrong if they had ended up with a CCJ.  And how do you get a CCJ?  If you lose in court and then defy the court and don't pay.  Even if you lose in court, you don't get a CCJ as long as you pay within the 30 days ordered by the court.  Even had they lost in court the judge would have disallowed the interest and the £70 Unicorn Food Tax that PE made up.  There was no advantage whatsoever for giving in and paying now. But thanks to you for letting us know - a hell of a lot of users don't.
    • Hi everyone.   Before I say anything, TFL finally responded to the email I sent last week:   Thank you for your email, we acknowledge the signed documents you have returned in preparation for your hearing.   We note that this matter is causing you some stress and anxiety, however this is not a reason for TfL to discontinue proceedings. It is not unusual for passengers that have been summonsed to court to experience these symptoms, and we do have some empathy with your concerns.   However, as previously stated, TfL do not accept out of court settlements, and you will have the opportunity at your hearing, to provide your mitigation to the court prior to a decision being reached by them on how they intend to deal with this matter (usually a fine).   I am sorry that this decision is not more favourable.   Yours sincerely   James Vallis     At least he sounds more sympathetic in this email…   Only one week to go until the court hearing and I am so so nervous. I’ve prepared some questions and answers in preparation for what to say to the magistrate. It will help calm me down if I know roughly what to expect. If you could give feedback on it that would be great. If you have anything to add please do let me know.   As far as I know the court hearing will happen in these stages: Introduction and statement of facts Pleading guilty for the journeys I made with my mother’s card Penalty sentencing Appeal (if charged with a criminal record)   Am I guilty? Yes.   Why did I not pay the fare legally? Last year there was a lot going on in my life and I was struggling financially so to relieve some of this I used my mother’s Oyster card. I know it’s not an excuse and it’s still wrong.   Why do I not accept a criminal record? I really don’t want it to affect my chances of finding a job in the future. I will be the one earning money in my family so I am doing my best and studying hard to be able to get a good job. A criminal record would mean that regardless of how hard I’m working I won’t get the job I want after I graduate. This fills me with so much regret, sadness and disappointment in myself. I just want to be a good daughter for my mother because she’s already had to deal with many hardships in her life and I don’t want to make it any harder for her.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Probate Legal Issue


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Devils advocate here.

 

How do you know your late father didn't give her permission to use the card or cards when he was alive?

 

Although after death she should of stopped as the asset's become part of an estate.

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Well the Step daughter confirmed she used the card to get shopping this was known,

however she had been withdrawing large amounts of cash from different cash points

coupled together with mobile top ups,

Paypoint transactions,

food from KFC,

MacDonald`s

and wine & beer from a shop across the road from where she lives

( We have found out the address ),

 

 

we have now confirmed that over £11,000 has been withdrawn from cash points.

 

We have requested that we meet at the property to discuss the items within the flat,

but she has stated she will be removing all the items in the morning,

we have clearly told her that the goods are not hers and she cannot remove goods as they are part of the estate.

 

We are travelling to the flat in the morning with a view to sorting out the flat and its contents,

however she is still refusing to meet up and hand over the keys.

If she still refuses to meet up can we legally change the locks,

 

 

also we have found out that our father has been renting the flat

so the landlord has also requested keys

and if we cannot find the keys they will arrange a locksmith.

 

Our father did request that the step daughter arrange the funeral,

however she has now stated the policy payout is only £1,600 and has requested cash sum of £2,500.00 towards the cost

and has requested we now sort the funeral and has walked away from the situation.

 

Due to the missing cash from the bank and now having to pay the funeral costs ourselves when clearly if she had not taken the funds the funeral would have been paid by the estate.

 

 

Seems strange that when she found out about the policy amount she panicked and requested we take over the arrangements.

We have now sorted the funeral itself and we have managed to find the money,

but it`s not fair this person can treat the situation like its nothing and has just walked away laughing

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We could do with some help from you.

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  • 2 weeks later...

Yes I was aware...but it does offer guidance and basis.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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  • 3 weeks later...

Well finally gained access to the flat only to find it the step daughter has been living at the flat for sometime, overall the flat has been stripped of all furniture and completely trashed and in shocking condition. The police have confirmed they will find to hard to charge her for taking funds before he died as she could state she had his consent, however they maybe able charge her for taking funds after his death.

 

This has now left myself and my family is a complete mess as we are having to find the money to pay for the funeral ( she also cashed in the policy ), we feel she will now just get a warning as most of the funds were taken before he died.

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Well the police are helping now and have stated there has been a fraud, However the biggest problem now we are facing is paying for the funeral, we have an a funeral policy which only covers £1,603.00 and we have been quoted around £2.300 from a few funeral firms, my brother is on benefit and we have tried to claim but have been told we cannot claim the funeral payment as there are 2 other siblings myself and our sister, we have explained that we have had no contact with our father for many years in fact around 30 years but they have refused the funeral payment.

 

According to the Benefits department we cannot claim as other sibling are not on benefits, so the benefits system is a joke.

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  • 4 weeks later...

Well totally shocked, after the step daughter refused to deal with the funeral arrangements and we now hold all the paperwork, she has tried to claim the funeral payment.

 

Firstly the insurance company accepted all my ID and sent the cheque which was covering only pat of the cost, they called yesterday and confirmed they have stopped the payment due to the fact the step daughter has sent in paperwork claim the funds belong to her, we are now unable to pay for the funeral. I have reported this to the police but had no replies.

 

We feel like sending the death paperwork by recorded delivery to the step daughter and inform all parties she is dealing with the funeral and paying the balance as well

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