Yes mileage tallies up ok. GF are emailing me the letter now so I think i'll print that off and write a letter rejecting the car and send it recorded delivery later today. I don't suppose anyone has any pointers on what to put which parts of SOGA to quote etc?

Thanks again for all the replies. I'm very ill all the time and stress makes things so much worse as it causes 24-48 hours of non stop vomiting it's been a real relief to get the replies i've had.

Thanks will forward on the letter from GF when I get that along with listing all the faults again and write something along the lines of it categorically wasn't my fault and they need to either repair or refund the total purchase price?

Sorry if it wasn't clear in the first post. Yes their garage is claiming the torque converter has been damaged in such a way that they are adamant that it has been caused by me driving too fast in 4wd or by having the vehicle towed.

Green Flag are happily writing me a report to say they didn't tow it they just put it on the back of a lorry and delivered it to the vendors forecourt. I have checked and there is no speed limit on driving in 4WD mode anyway plus of course as above 4WD wasn't working and was on the list of warranty work to be done when the car was booked in. The vendor wants me to drive over there to see the damage which I don't really see the point as they could show me pretty much anything and I wouldn't know what I was looking at and it's quite a journey just to go "have a look"

Purchase date was 24th June I let him know about the airbag light was on and the oil leak 2 days later and the other faults became apparent as time progressed

That's true hadn't discounted anything by that.

It's not a bought warranty it's from the vendor

Transmission fluid was bang on in the middle when hot & running & cherry red. Warranty is 1000 mile or 1 month we're inside both.

Hi any advice desperately needed:

Bought a automatic car recently, it came with 1 month/1000 mile warranty for nearly £3000. Immediately after collection became apparent there were a number of problems:

airbag light on

Squealing noise when accelerator more than half down

Slight oil leak

Transfer shift does not work (to put in 4wd, 2wd, 4wd low etc)

Stalling when engine hot when pulling up at junctions (like it was staying in gear and trying to drive off)

I contacted the garage and we arranged for it to go to his garage on a Tuesday, he then cancelled it saying his guy couldn't look at it until a few days later so rearranged to take it in on Thursday.

In the meantime we were driving along on Wednesday and the car made the most horrific noise i've ever heard and the engine died, when trying to restart just made a horrendous banging noise. Recovery guys recovered it and delivered to the garage on the back of a lorry NOT towed.

Had a call from the garage today saying his garage are saying the torque converter has failed in such a way that it's from either being driven at high speed in 4wd - 4wd wasn't working anyway and i'm sure the car is capable of doing 50mph in 4wd anyway?

The other thing he said was it was damage caused by towing which it categorically has NOT been.

I don't see how a little back room countryside garage has the ability to analyse an autobox that has got 154,000 miles on it and say the damage has been caused exclusively in the last 200 miles that i've owned the car which is what they're claiming.

Fortunately the car we were selling we still have so have a car to use but the dealer that sold the car wants me to go over to look at the torque converter, I don't see the point as I don't know what one looks like let alone what the damage would look like.

I've driven automatics many times before so I know the do's and don'ts, I checked all the oil levels every day so I know they were right. I suppose this is going to need some kind of independant investigation but I really don't have much in the way of money to pay for one. I've explained all the symptoms to the garage this afternoon and he's going to go talk to the mechanics he uses who have made this claim to see what they say to that.

If anyone has any advice at all I'd be really really grateful, i'm really ill with 2 neurological conditions and i'm so distressed about all of this now it's making me physically sick.

Hi

Long story short:

Was driving along local Road outside my house at 30 when an elderly female driver failed to stop at a give way sign & Road markings and ploughed into the front wing of my car (03 plate mondeo ghia x v6).

I immediately stopped she post control went off to the right hit a bank nearly rolled her car, bounced back down all the way back across the road hitting that kerb before coming to a stop, she then instead of getting out drove off. At which point I restarted my car and chased after her at which point she immediately stopped.

Her first words were "why didn't you see me?" then I didn't see you. Clear day, dry Road you can see to the left from that junction about quarter of a mile.

Anyway relatively minor damage to my car however due to age/mileage it's been declared a total loss today & am due a call tomorrow with a figure. So that's all well & good.

In the meantime a cheque has appeared in the post today for £1810 from a company I've never heard of (thru googling found they settle claims for her insurers). No letter etc just one line that says

Preliminary payment for total loss less salvage

Spoken to claim company I'm dealing with they don't understand, spoke to my insurers they don't understand and no number to call these others.

Now I'm not complaining about the money but no one seems to know why I've got it already & it seems really high for an old car (altho I value higher as just spent £500 ON TYRES & £700 ON servicing & repairs for mot next month)

I was expecting a fight tooth & nail for anything.

Anyone come across this before an "interim payment"?

Any thoughts?

Thanks

We DIDN'T declare the money as ours! We told the council the whole story Inc bank statements, death certificates, insurance payout letter & all the letters from solicitors because we didn't want the council to go snooping and find this money and end up with an interview under caution.

We were being upfront & truthful with the council because we didn't think they'd say it was our money when it isn't.

Tried opening an account as above but only bank nearby is Santander and they wouldn't/couldn't do so.

As for knowing what we're doing, no worse than anyone else does when asked to do so. There's no property involved just £10K of capital, funeral costs (paid already) and the rest taken up by debts to be paid.

Not really interested in a debate about settling the estate no offence intended but just wanted advice in relation to the COUNCIL claiming the money is ours NOT us.

Hi

Thanks I will mention that to them, we specifically opened a new account so that the 2 estates didn't go anywhere near our joint account because I could see this coming. What really annoys me is we told them about that account, sent bank statements etc to be totally honest as didn't want to be accused of anything and they accepted the claim back in January and we're only hearing about them getting huffy now. Find it incredible how disorganised etc they are.

We're going to try and get into overdrive tomorrow. Going to get bankers drafts made up offer all creditors 50% which is going to be the most any of them get. At least with bankers drafts the money is out of the account instantly unlike with sending them a personal cheque. We've got 4 weeks to send the new claim in so I think the easiest way out is just going to be pull our fingers out and get rid of the money. If common sense isn't going to apply then seems the only other way.

There's a few hundred spare from one relatives estate so we said they'd want that donated to an animal charity so we'll get that done as well.

Very stressful esp as Nationwide (the £4,000 credit card) have been a nightmare they set themselves up as preferential creditor by seizing all the money in the current account to pay themselves. Got that sorted after threatening them with ombudsman and suggested what they were doing was illegal they backed down pretty quick then.

Thanks for suggestions esp re the bank account glad to see we had the right idea with that in the first place.

I might try and speak to a different person at the council tomorrow and ask why I need to make a new claim given I am in receipt of income related ESA a "passport" benefit as they call it....

Dealt with this on Friday phoning DWP and council etc and then had to go to bed at 2pm because I felt so ill and then spent the next 24 hours being sick. Just can't handle being put in situations like that makes me so ill.

Oh well at least phoning DWP I found out my ESA support group award is for 3 years so that's a huge relief esp without having a WCA which I was terrified of.

Thanks all, lets see what tomorrow brings....

Sorry been ill again. All the money is in separate accounts in my wife's name. We sent death certs, insurance payout letters etc, we told them the estates are bankrupt as more debt than anything (found a credit card for FOUR THOUSAND POUNDS for a lady on benefits, totally shocked by that)

Anyway despite all that council say they will count it against us as our money, it's over the £6000 threshold unfortunately, I just can't believe this is the first time this has come up & there's no way around it, really upset.

We lived next door and spent twenty mins doing cpr before ambulance arrived then had to deal with ICU etc before switching stuff off, never thought this would turn into such a nightmare too.

Hi

I'll try to do this briefly. Nov wife's aunt died, December MIL died, my wife is administrator of both estates

There was about £7,000 of life insurance paid out, which went into a new bank account in my wife's name. In the meantime I left my job 31st Dec due to poor health I have now been put into the support group for 3 years for income based ESA (without an assessment BTW)

We declared the money in the bank account to the district council and sent copies of the death certificates to prove that's what the money was for. There is way more debt than cash so been trying to talk to all creditors to reach an amicable resolution, unfortunately most of the creditors have ignored her letters (worst was Argos refusing to talk to her at all and sending out default notices to the MIL address). So we haven't been able to pay them because of this so the money is sitting in wife's new bank account.

Thought no more of it because we'd done the right thing and told the council immediately when we started a housing benefit claim in January.

Today had a letter stopping our housing benefit primarily because they claim im now receiving contributions based ESA (i'm not confirmed by DWP THREE times!!) and also they want to count the MIL estate as OUR money and reduce our housing benefit and council tax benefit accordingly.

Is this correct? I know it looks like the money is ours because of this new account with the money in but I can clearly demonstate it's not but we can't get rid of it due to ongoing negotiations.

County council has accepted that we're on IB ESA as given the kids free school meals, DWP say we're on IB ESA but district council won't accept it.

So I suppose questions are:

1. Is there really no way of handling the estate money without it affecting us?

2. How can I get the council to accept that we get IB ESA so I shouldn't have to fill out another 30 odd page form, plus produce ID, bank statements and travel 25 mile round trip to visit them?

Thanks for reading this far, apologies if it's in the wrong place or if i've rambled on stress like this makes me really really ill on top of my usual "problems"

Hiya thanks it's something like this:

Money in

£7700 insurance

£680 current account

Funeral £3700

Money out

£4000 credit card (older lady sole income. benefits, crazy)

£700 JD Williams

£120 Freemans

£280 another credit card

£80. Witt

£600 argos (worst company so far won't communicate at all except phone the ladys carer and send bills, sent letter and death cert nothing back, formal complaint raused)

There's probably a few more but you get the gist. Only one has written back with a signed cca the others have either not contacted us at all or have put it straight over to their legal dept to "assist us"

Good idea, but that doesn't deal with the debt aspect re the we don't have to supply a signed cca

Thanks

Yup, they aren't disputing that side of things but they say in that letter that we cannot alter the address. Just seemed very strange and what with claiming they don't need to provide a signed cca. They're being a bit of a mare

It's not mine it's related to a family death as there's so many debts was part of checking things were valid as there's more debt than money. Know we can't inherit the debt personally.

Also to do with the fact they won't deal with it properly, won't stop writing to the old address, keep phoning the original phone number etc

The company asking for the money which is still the original creditor, JD Williams who have then sent the above back this morning.

Thanks

Can't do that on a phone sorry, I'll try and get on a proper computer later on but don't have access right now

Received the following today (date on letter 13th January, arrived today have kept envelope)

They claim:

When responding to a section 78 request, a lender does not have to provide a photocopy or other literal copy of the executed agreement nor provide a copy bearing or some other proof of the customers actual signature.

Any thoughts?

TIA

It looks like funeral payment did go out ok don't know why nationwide included that on balance in their letter as debit would have gone out before mil died but they did.

Have written to them enclosing a copy of the life insurance letter regarding the aunts payout so they can clearly see the difference between the debit card transaction and the insurance payout is due to her Estate not the mil's

I was advised elsewhere to cca to make sure debts valid given there will not be enough to pay everyone everything.

Solicitor not really an option as funds not available, I've just been made redundant on ill health grounds, yes there's money in the estate to pay for one but it's not available "upfront" to pay a solicitor and we only have tax credits as income at the moment so rock/hard place

The aunts Estate still has debts to settle now the funeral has been paid there should be just shy of £700 leftover after paying funeral costs with another £120 to pay for interment plus electricity, catalogues etc but there should be enough if Nationwide release it.

Mill's Estate is several thousand short using rough figures off the top of my head

Sent letter to Nationwide today saying the balance of that account is not part of the mil estate it is the remnant of her sister's estate (I said at the time to open a new account but no one listened to me!)

Also said even if that were not the case you can't arbitrarily remove money from the estate to pay the money owed to you. Said will make formal complaint if necessary and take to FOS

See what comes back there.

Cap 1 will write to at end of the week, cca will have expired by then.

If there is money available to pay creditors do you have to be completely honest with them or is it like poker and you can bluff them to accept less/nothing?

Thanks everyone, great to know we're not alone

That was my thoughts re the offsetting given you can't favour one creditor over another, will fire a letter off to them Monday and see what happens.

everyone's CCA 12+2 runs out Weds and had nothing from any of them so far

Thanks for replies

Thanks,

I know they can't as funeral costs come first.

Going to check with funeral director on Monday whether they got the money or not,

even if they did there will be an excess of a few hundred pounds which again does not belong to the mother in law as it's her sisters Estate.

I was more worried that the bank has possibly cancelled a legitimate payment out of the account (to the funeral directors)

just so they could pay themselves their credit card money back especially when they haven't responded to the CCA request.

Is there any requirement to disclose the finances of the estate?

Capital One have sent a big form for value and expenditure (they're owed under £200)

or do we gather the money together,

pay the funeral off then add up all the debts and say offer everyone the same %?

Really? Just say no money go away?

Capital one have already sent income/outgoings forms

So really just say there's no money get lost? Is that legal, are they going to then demand proof?

No solicitor, LV insurance policy have a legal helpline as part of the service but can't afford a solicitor (I've just been sacked because I'm long term sick)

Hi

There's no will for either Estate unfortunately, the aunts Estate was a couple of hundred pounds more than the funeral cost so tiny really and she only had small debts fortunately.

The problem is there was nearly £4,000 in her account as the insurance payout for the aunt so that was the aunts Estate, while mother in law was in hospital BEFORE she died we made sure the funeral directors were paid from that knowing the problems that were about to occur.

It looks like Nationwide have cancelled that debit card payment and are using that money to clear the debt to THEM!

not one of her creditors has responded yet to the CCA requests. All we've had from Nationwide is a letter saying this was the balance on death and we're keeping the lot.

There's no will. There's no property etc involved just 2 life insurance policies for about £8,000 before paying for the funeral and there's over £6,000 in debt in total