Villaman
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Everything posted by Villaman
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I have lived there for the past 18 months, but before that was 20 years ago. I am not on rent book, nor council tax or electoral register though but have proof of living there for the past 18 months. Also I previously lived in another council home with my wife for nearly 20 years and am listed on that tenancy, council tax and electoral roll. I didnt get round to changing things over as the move to my mothers was only meant to be temporary.
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I've told him as much. I do have proof of living there but not electoral or council tax bill. Its mainly bank statements and utility accounts over the past 12 moonths. The property is a secure tenancy hasnt been handed down through succession previously and has been my mothers home for the past 54 years. I did live there previously but that was over 20 years ago.
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My mother was on state pension so no involvement with HMRC
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Thanks for the replies guys its much appreciated.
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Tax liabilities? What about overpaid benefits, I.E housing etc. If the deceased was receiving them but wasnt entitled to? 99% certain this isnt the case but you never know, just covering every eventuality. I need to put his mind at ease as he is a panicker.
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What kind of HMRC purposes? Next of kin is a tricky one, My elder brother is named as next of kin of my mothers passport, my sister is named as next of kin on all medical documents and there is another eldest brother, does he not become next of kin being the eldest? But in a nutshell, The bother who signed for the death certificate is not legally responsible for anything? Only that he informed the resistry of death?
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Thanks for the replies, Its not me thats worrying I didnt sign the death certificate. I may have complicated things slightly. The exact situation is My mother passed away recently and I am in the process of trying to obtain succession of tenancy with the council. The problem is my brother who signed the death certificate believes he will be financially liable for any debt etc I build up while going through this process, like running up electric, gas, phone bills etc which are all in my mothers name at the moment. I have every intention of paying these myself but older brothers being as they are, he thinks that if things go south regarding the tenancy I'll just walk away leaving him with debts. Ive tried to explain to him that he isnt liable but he knows better!!!! because his name is on the death certificate.
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The possessions that were split are only of sentimental value, The complete total of "financial wealth" of the deceased was paid directly by the bank to the funeral directors and that account is now empty and closed, so as such there is no estate to speak of, its no hardship for us to all chip in and pay the outstanding utilty bills. Just asking about the legalities of signing a death certificate as the informant of death, does this person legally become the executor if the deceased hasnt appointed one and no will exists.
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Can anyone tell me the legal responsibilities of a person who signs for a death certificate as the informant of death. The deceased left no will as no money or property is involved. The deceased lived alone in council property and the only finances were all used to cover funeral expenses. Anything of value has been divided equally between family members with all in agreement. The only items left are furnishings etc, do the family have to pay for these to be removed or will the council take care of this when the property is handed back. Any other responsilities for the signee of the death certificate? There are a few unpaid utility bills outstanding totally less than £300 Thanks
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Just to update. I have heard absolutely nothing since sending in the letter requested. Hopefully it'll stay that way. Thanks to everybody for the advice.
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Thanks Andy, Letter sent. I'll keep the thread updated on my progress.
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Thanks for the reply Andy, How do I word a statement of truth? This is the letter I am intending to send to court, Is it OK? Name XXXXXXX Adress XXXXXX RE: Host Portfolio Holding 2 Ltd v Mr xxx xxx Case Number xxxxxxx Dear Sir/Madam, As Requested here is a copy of the defence submitted previously which was lost. 1 The Claimant's claim was issued on 13/02/17 2 The Defendant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. . If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant. . 3 The Claimant's claim to be entitled to payment of £2617.45 or any other sum, or relief of any kind is denied. Yours sincely Name
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Update with my progress on this case. I had the call from Mediation, told them it was statute barred nothing to mediate. Received letter saying case has been transferred to my local court. Heard nothing for weeks, then received another letter asking for me to resubmit my defence as they have "lost" it from my file!! Do I just write down the original defence I was given or do I need to word it differently as I have to put it in writing and send it to the court? Thanks
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Thanks for the advice DX, feeling a bit more confident now. If it does come to a hearing though think I'll take some documents just to prove beyond doubt that its been over 6 years approaching 7 now since I made any payment or had any kind of contact regarding this debt. Thanks for the help
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Thanks for the reply Martin, If/when I get the call i just state what was in the original county court defence and have nothing further to add and that If they wish to continue I will gladly see them in court. If a court hearing is required I should just take printouts of my credit report listing when the last payment was made? Could I ask Barclays for statements covering the last 7 years if needed? I havent used my Barclays account for the last 7 years. Thanks for the help
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The claimant sent a copy of their N180 and it has been filled in. Sorry DX i completly missed that you said "typically NO" to mediation. Yea I did read it just wondering what happens when they ring. I selected yes to mediation as I thought it would go against me if I said no and don't want any more costs added if things don't go my way. I didn't think they would have selected mediation TBH.
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Update. Just received their N180 They have asked for mediation by phone!! What does this entail? And what do I say to them? Does this mean they haven't paid any fees yet? The court wouldn't/couldn't tell me when I rang last week. The N180 and letter from them was dated 2nd May , this was the deadline date for submitting the N180.
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Thanks DX, What if they havent paid the fee to lift the stay? and What happens next if they have? Forgive me for not spotting the obvious but do I select yes to small claims is the appropriate track for this case? What answers do I give for the following, Do I want the courts permission to use written evidence from an expert? yes/no State why/who etc. This is all geting very daunting and confusing, is this common practice for DCA to go down this route in statute barred cases?
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Yes the N180 is from Northampton County Court Business Centre, The letter is a bit confusing as I think its a copy that they have also sent to Hoist Portfolio telling them that I am defending the claim originally made by them. The letter asks do I agree that the Small claims track is the appropriate track for this case yes/no if no what track do I think it should be allocated? Also asks if I would like mediation? hat would be the my next steps to take? Do I disagree that it should go to small claims stating the previous defence as the debt is statute barred? Any help would be really appreciated. Thanks
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I have today received a Notice of Proposed Allocation to the Small Claims Track. It states that this is now a defended claim and the defendant has filed a defence, A Copy of which is enclosed. But this as been crossed out and no defence documents are enclosed. I have a directions questionnaire for small claims track which gives me options for settlement or mediation. It asks if I agree if this track is appropriate and asks about hearing venue, expert evidence and witnesses. What do I do with this form as I am completely at a loss as what to do now. Does anyone have any advice as what my next course of action would be. Thanks
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Thank you for all your help, It is very much appreciated and hopefully will "kill them dead". I'll keep the thread updated if/when I hear from the courts. Thank you once again Rob
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Just found on my credit report, it states that I "closed" my Barclaycard center account and my Hoist Portfolio account in June 2011, What would this mean as I have had no contact with Barclaycard since 2009 and have never had any contact with Hoist Portfolio. Who or what would close these accounts? Does this information have any bearing on my next steps? Thanks
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Thank you Dx100uk for your help, I have submitted the Service of Acknowledgement stating my intent to defend all of the claim. Shall I submit my defence now or would it be best to request a CCA and Send a CPR31.14 request to the solicitor named on the claim form. I am a bit uneasy with regard to the 2 £0 late payments made as listed on my credit report, are they mistakes by the credit report company or an attempt by Hoist Portfolio to circumvent the 6 year statute bar?
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Thank you
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Hi, Can anyone tell me, What contest jurisdiction means on the service of acknowledgement? Do i contest or not? Thanks
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