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arsen lupin

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  1. Dear all, I think this brings this subject to an end, leaving us no choice but to apply for probate, The same probate, HM Probate & HMRC have told us is not required. Our conclusion is that currently there is no provision provided for cases such as ours, or many others. Thank you
  2. Dear Manxman in Exile, Your knowledge makes clear, a possible way in OUR situation. I shall write to the CEO (providing copy of the Will) offering to comply with his request for probate after he review his assessment on the risk of the building society being later sued by the any beneficiaries. Based on the facts that the Will names only three beneficiaries, who are also the only three executors and known Members/Customers under his own appointed leadership! Should that risk be zero, and he still insist on probate, this would then be classed as being unfair towards his customers and open to complaint! Thank you
  3. To Hightail and slick132, Please refer to the original post in which our circumstance is made very clear. Thank you to everyone else, who appreciates that this is a larger issue, than us personally saving a few bob.
  4. Hi Ethel Street, We're seeking a possible alternative for people in our position, who have only one financial institution to answer too, we feel some provision should be made for those in our situation. Possibly through a county court and simplified process.
  5. In answer to slick132, Everything has always been divided equally between the three of us, Tax wise if we went down the probate route we only have complete 2 forms IHT205 and IHT217 plus copy death certificate. The IHT217 is for transfer of unused liability. The property was transferred to us in 2015 see notes above.
  6. Hi Andyorch, Having studied the 1925 act earlier today, can you possibly point out which para makes this clear. If this is the only act, a county court have the power to grant the same indemnity?
  7. Sorry 12345, For your wait. We wish to seek other possible options before committing ourselves. We find hard to believe there isn't one.
  8. Thank you for the above notes. To be straight, after being fully transparent, it was the HM Probate that said we didn't require probate, HMRC advised looking into other options, informing us that if probate wasn't required neither was filling IHT forms.
  9. Hi Andyorch, Thank you for the above link, unfortunately we don't see the answers to our questions. This is a subject that affects thousands every year. Everyone complains, no one likes it. Some banks have raised their limits, HSBC did away with it completely! (well done) But what is the legislation that gives them the legal right and what alternative is available?
  10. Thank you honeybee, We may all agree with hightail, but the questions have yet to be answered. To satisfy your own query. There is no IHT liability, as all property, gifts and current savings came well under our mothers threshold, (with the addition of our fathers unused nil band) and the matter already discussed with HMRC. Who surprisingly informed us, when probate is not required, neither any requirement to complete IHT forms. It was also them, who recommended seeking an alternative solution!
  11. Thank you Hightail, Sounds like you have been very fortunate. But before going down that route, as both HM Probate and HMRC said it would be saving them unnecessary work during the current crisis. The questions we ask are as follows, What legislation gives financial institutions this right and what is the alternative solution to release the funds? We can then make a decision based on these answers.
  12. Our mother recently passed away, her property had been gifted to us her three children in 2015, along with most of her wealth. We are the only executors and beneficiaries of her Will. She had left £60,000 in a building society account, which along with a substantial pension would have stopped any accusation of deprivation. Having contacted HM Probate they have confirmed we do not require probate, as no IHT liability HMRC are also not interested in any unnecessary paperwork at this time. We have informed The Building society, (which all three of have also held accounts for over 40 years) of our loss, and have offered copy of Will, death certificate, our own ID and letters of indemnity from ours or their solicitors to release the funds and close the accounts: As it's over £20,000 they refuse to release funds without probate, this is from their CEO As this appears do just do with indemnity, what legislation gives financial institutions this right and what is the alternative solution to release the funds?
  13. Thanks guys I have contacted WHICH and explained the situation,Yet two weeks later and still no reply. It looks like this company will carry on making millions as their policies and marketing are so clever, I cant even find one wrong word about them - 'online reputation management' maybe, who knows !! looks like this one will have to down to bitter experience.Oh I don't suppose anyone who read into the policy could shed some light on page 14 B4 where it tells you what the 'essentials' policy will not pay out on- but does not say what the 'optimum' policy I had -would pay out on ? and I think a letter to the FCA wouldn't be a total waste of time-thanks Unc.
  14. Sorry folks Please feel free to check the T&C's and policy variations over -see attachments attachments and maybe review the companies web site, After my last correspondence via email where I stated what I thought- obvious findings, They added a 'we give notice' at the end of theirs -basically put up or shut up, as I understand it.[ATTACH=CONFIG]42934[/ATTACH][ATTACH=CONFIG]42935[/ATTACH][ATTACH=CONFIG]42936[/ATTACH][ATTACH=CONFIG]42937[/ATTACH][ATTACH=CONFIG]42940[/ATTACH]
  15. Sorry if I give the impression of ranting - the insurance side of things you refer to can not be claimed for according to their small print, it would be a long drawn out futile waste of time and money to pursue, The insurance company in correspondence have indicated they would love nothing more than to lead me down that track. Leaving my only coarse of action left which is to prove I was misled into purchasing their product in the first place, and my loss is a result of that. Two weeks ago I informed the insurance company that I would be prepared to take legal action against them for misrepresentation, This time I have given them to resolve my case has just been used by them to reaffirm their position and to try and guide any legal activity away from my initial complaint. Needless to say communications are such that I am seeking advice from you guys.
  16. 'WHICH' have a short list of companies they recommend - this company is NOT one of them-it only has its rates displayed on their site ,yet the company displays the WHICH recommended image on its policy literature-misleading customers into thinking that its the company itself recommended to the consumer by WHICH. This is legal misrepresentation and not a case for the FOS , the company in question has been trading like this for some time and has made no attempt to change anything. As for house hold policy claims- true I could look at claiming, But I don't see the relevance in this matter ? unless someone takes a stand this company will just carry on misleading consumers into buying their policies over more suitable plans from other companies, and maybe I would now have had my claim settled. The companies name for time being is irrelevant, but I doubt it will take anyone to long to find them on the WHICH site. Come on guys I would Love to hear some positive legal stuff based on fact from some one in the know about such matters.
  17. The theft happened after checking in a locked suitcase at one airport and arriving home - the only time the case was out of view was when checked into hold luggage - and why put camera/ipod's/blackberry tablet/spare watch etc. into hold luggage- the airline used only allows 5kg hand luggage, which was taken up by a far more expensive items such as a new 64gb i pad - books, clothing,duty free. This thread is about being misled into buying a policy in the first instance, what subsequently happened I don't believe is important at this time-as that would come under cause and effect. The cause being misled into buying a policy, the effect being not then purchasing another policy which may or may not have paid out - But I am now out of pocket.
  18. Hi Seq. Thanks for your swift reply, Yes I have looked at it but need to be sure I have a firm case, some may argue that I would still have been out of pocket regardless with another insurance company- which is possibly true. But then thats assuming I wasn't misled by the current one first and hence the case. Under the Misrepresentation act 1967 who would decide Negligence or Fraud ? As there is more than one misleading item, would that imply intent to deceive and therefore be Fraud ? and how would the small claims court view such a case.
  19. I purchased a travel insurance policy from a UK online company- based on what they advertised on the internet-that stated 1.The policy would pay £2500 personal items,£400 valuables and £300 single item in its summary-(just suiting my needs). 2. The company is WHICH recommended( A big plus ) 3. I could find no adverse publicity about this company (another bonus) 4. I was assured verbally that the policy was a good product-when paying via the phone.(job done) Unfortunately a theft from my luggage while checked in at an airport security system has left me out of pocket. And because my bag was classed as unattended !! refuse to pay my claim. (So much for utmost good faith !!) So when looking into the policy wording and the product details I have discovered the following. 1. The policy I was sent and the policy their appointed loss adjusters use to settle claims lists only £1500 personal items,£300 valuables and £250 per item (which would not have covered my personal items). 2. The company is not on the WHICH recommended list at all - it mealy has its rates quoted by them. (And this had been the deciding Factor In purchasing the policy) 3. I still cant find any adverse publicity or consumer review for this very well established firm- to discourage any purchase of their product(which for me wasn't worth the paper it was written on) I feel that through misrepresentation of the above I was misled into purchasing the policy initially , that I would not otherwise have bought- (regardless of the document conditions) and have as a direct result found my self out of pocket. Does anyone feel there is case to answer or have any advice. I like'n it to a one armed bandit- we all complain when we lose our pennies - but if you knew the machine was fixed to start-would you still put your money in ?
  20. No finance,all paid for and that's more than I owe -I have a justified dispute(altho they may disagree) with two credit card companies for approx.£25k debt-one small one large-Yet both have now passed on my details to debt companies(against the data protection act while in dispute) -who I have so far now not answered or responded to-as I still consider myself and the credit card companies in dispute , yet I don't want them pulling a fast one.where the first thing I am aware of is some new legal loop hole these charming people have acquired to screw me ! my current understanding is that unless they can get a CCJ against me-they cannot enforce any action legally.and the credit consumer act only covers England and Wales So I cannot be pursued in another EC country.Should anyone else have any other advice or information regarding my plight,I shall be most interested.
  21. I am a non resident and have been living out of Blighty for some time,I still owe money on credit cards to UK companies-non enforceable while I stay abroad and still in dispute,But I also have one or two vehicles registered to a family address in the UK-could a debt collection company or Bank be able to get a CCJ on me through this link to the UK even though I can prove I live abroad as that is where my creditors write to me, or Would a court except the fact I had cars registered to a UK address therefor issue a CCJ for the same address even though Ive not lived in the UK for more than five years ? Hence my interest in what DVLA are really giving away.
  22. Yes I fully understand that-but the question is, will the DVLA supply information or does it have the facility to supply the information based solely on a persons address-in the case of our debt collecting fraternity-fishing for our hidden valuables,as they would otherwise not known about these assets.And if so what can be done to stop this type of investigation?
  23. So the DVLA will pass on an address should a verified company provide a number plate to check-the million dollar question is-can debt companies just give DVLA an address and gain the details of any vehicle asset owned by the occupier ??
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