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Showing content with the highest reputation on 13/02/20 in all areas

  1. 2 points
    The problem you will face in getting information is that although you are next of kin but you are not either (1) the Executor appointed under his Will (I assume he hasn't got a Will) or (2) his legal Administrator appointed by the Probate office. ['Administrator' is the equivalent of Executor when someone died without leaving a Will.] As a general rule only Executors or Adminstrators have the legal right to information. Next of kin have no rights. It also sounds like he has died leaving no money at all. Is that correct? There are two key things to bear in mind: (A) As next of kin you have no legal obligation to do anything. The law does not require you sort out your late father's affairs. Anything you do to help is purely giving some voluntary and informal assistance. You can stop 'helping' the DWP any time you want to. Did you register the death? If so, that also doesn't put any duty on you to sort out your father's affairs. (B) Next of kin/family members are never responsible for paying anything back to the the DWP out of their own money. So if your father died leaving nothing (after funeral and care home costs paid) then that's tough luck for DWP. They can't recover your father's overpaid benefits from you. If they think the overpaid benefits are in an old Post Office account you could simply tell them you found no information about any such account and can't help them. Then they can go look for it themselves if they want to! The only reason you might want to keep searching yourself is because the account could contain far more money than DWP are owed which you would then inherit.
  2. 1 point
    I should have warned you by the way that if you send a letter like this with a threat like this then you must follow it through. Be aware that there will be a fee because you will have to make an application notice for summary judgement.
  3. 1 point
    I suggest that you write to her: I suggest that you send this by first class post tomorrow morning. We may as well keep the pressure up.
  4. 1 point
    Yes, we will see what they say – but I'm wondering whether it might even be worthwhile applying for summary judgement. Have a look on Google – County Court summary judgement. It might be CPR rule nine but I can't remember
  5. 1 point
    I would tweak point 4 and emphasise you skills set but dont say a word about anyone else's lack of the same. no-one is indispensible and making this point, even if true can look like a dare to the company. I knew someone where I worked who spent more time than he should on personal stuff in work time. When pulled up on it he said prove it and they did. if he had said sorry and kept his head down he would have got a ticking off but they dismissed him to make a point about managements right to manage.
  6. 1 point
  7. 1 point
    Fine, just wait. I expect that she's asking for advice from the insurer.
  8. 1 point
    So do us a favour Stephen....no more phone calls to anyone......relax for the rest of the day.....and If I need you you will get an email conformation tomorrow.
  9. 1 point
    He'll probably spend his time accepting £15000 free holidays from Tory donors as he did over Christmas. How anyone can be happy with these fools is beyond me. I'd get fired if I openly took a £15000 free gift. But then again, we have left the EU, and the bribery laws must be ones brexiteers want to get rid of
  10. 1 point
    Good points. Has anyone added up how much Bozo has spent on infrastructure projects without actually starting building them?
  11. 1 point
    Something doesn't sound right here. You have been formally appointed as Administrator. So that means you have a legal duty to deal with your late father's affairs. That means you have to pay his debts' including what he owes to the DWP (if he did in fact owe them money when he died). But you are only required to pay his debts from his money. the money he had when he died. You don't have to pay it from your personal money. So I can't understand why DWP are taking the money from you. Have they explained why they think you personally have to pay? Or are they alleging that you took money from your father's Estate after he died and spent it yourself before paying his debts to the DWP?
  12. 1 point
    Have you asked the Care Home Management how his fees were being paid and if they dealt with his day to day expenses ? You can DSAR the DWP and use Freedom of Information Act request to the relative council to get the information required. The request will also clarify why they are requesting repayment. Andy
  13. 1 point
    Nothing in their Companies House filings suggests they are linked, but that's not conclusive RLP: https://beta.companieshouse.gov.uk/company/04802733/officers BLP:https://beta.companieshouse.gov.uk/company/08220660/officers
  14. 1 point
    No, I didn't claim anything as I thought RyanAir had been pretty decent. The fog was terrible. I'd guess the constant putting back of the take-off time was the airport authorities hoping the fog would clear enough to allow take off. Then when the flight was eventually cancelled coaches were put on to take us to a nearby airport. I got where I wanted to go, not at 14:30 as scheduled but around 20:00, so not a disaster. Which of course begs the question if what was done for me at Treviso, and indeed for passengers on the other 10 flights you mention at Krakow, wasn't done for you.
  15. 1 point
    and it would have to be a certified bailiff taking the car not a powerless repo agent
  16. 1 point
    Just to add, if they take the car from off your property they need a warrant for that also.
  17. 1 point
    So contrary to what you sometimes read on the internet, there's no part of the Regulation 261/04 (or the subsequent binding case law, of which there's quite a bit) that says "knock on" delays cannot be extraordinary circumstances. The legal test, which is set out (I think) in the Wallentin case is that the cause of the delay must be extraordinary AND the airline must then have taken all reasonable measures to mitigate the delay. If either test fails, you are due compensation. A 30 hours delay does not sound reasonable in these circumstances, especially for what is presumably a short-haul route. Pursuing the case on the Small Claims Track is unlikely to be speedy - unless Ryanair concede as soon as you serve papers (unlikely I think). It might be quicker and cheaper to use the CAA-approved Alternative Dispute Resolution process in the first instance. Even if you don't win, this doesn't stop you from going to the Small Claims (which in truth can still be a bit of a lottery on this). I wrote a guide to the law on this, and what passengers should do, a few years back after I successfully sued Monarch Airlines. You can probably still find it on the internet by Googling Vauban and flight delay guide. Good luck!
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