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Ethel Street

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Everything posted by Ethel Street

  1. 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?
  2. I don't know enough about benefits to advise what you should do next, sorry. Hopefully one of the benefits experts will comment. But it is important to know whether you have been formally appointed as Administrator and given 'Letters of Administration' by the Probate Office. Have you? When you apply for Probate/Administration you have to say how much money your father had when he died, the value of his Estate. How much was it? And how much do DWP say he owes them?
  3. I don't understand how DWP can be deducting money for your father's alleged debt from a benefit you receive. Can you tell us what benefit it is? As there was no Will can you confirm that you have now been formally appointed as Administrator and given 'Letters of Administration' by the Probate Office? What was the value of your father's Estate when he died (after paying all the money owing to the care home and paying for his funeral)?
  4. 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.
  5. 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
  6. In general I wouldn't expect expect a minor change like that justify a regrading or pay increase but we don't know enough about the context to say for certain. It sounds like a minor change to me, your core tasks and responsibilities are the same I presume. Are there other line managers doing exactly the same job as you will be doing - line managing 3 people - who are on a higher grade and pay than you?
  7. I don't see how you can claim back both of those amounts. You can claim back the money you paid them for the buggies you brought from them, but you can't also recover the cost of buying alternative buggies from someone else.
  8. I have a feeling that the statute barred rule doesn't apply to CCJs that have already been issued but if the creditor has taken no steps to enforce the CCJ for a long time they need the permission of the court to take enforcement action. So it is more than 10 years since the creditor last made contact with you about the CCJ/debt? Hopefully one of the experts who knows more about it than me will be along soon.
  9. If you had been an employee the procedure they followed would certainly have been improper (no investigation, no formal hearing, not allowed to respond to the allegation etc) and you would have been able to bring claim for unfair dismissal. But unfortunately you aren't an employee, you are a trustee and cannot use those procedures. What does the charity's trust deed say about removing trustees? What do you want to achieve? Considering the way the way the chair has behaved and that the other trustees have backed up the chair and not supported you why would you want to get back onto the charity board? What do you want to happen to the rescue rabbits you are looking after? Do you consider they have been permanently re-homed with you and so are now 'yours'? Or are they the charity's that you are temporarily looking after?
  10. See what the HMRC employment status checker says https://www.gov.uk/guidance/check-employment-status-for-tax What the contract says he is has little relevance. It's what the substance of the job is that HMRC and courts use use to decide if someone is genuinely self employed. Car valeting has a poor reputation for dodgy practice in determining whether they are self employed to avoid paying the minimum wage, paid holidays etc. It's also not well paid, will he earn enough to go over the tax threshold? Sadly in practice there may be little he can do about it. Complaining about it will probably just get him fired with little or no redress. If they are paying less than minimum wage he could try reporting them to HMRC . Anyone can reprot it, so you could do it, and it can be anonymously. https://www.acas.org.uk/national-minimum-wage-entitlement/if-an-employer-does-not-pay-minimum-wage
  11. So is the Estate solvent? ie when you get the payment from the life insurance policy will there be enough money to pay the funeral expenses + all the crdit card etc debts + pay off the outstanding mortgage? Have you been formally appointed Administrator with 'Letters of Administration' from the Probate Office? Have you submitted the claim to the life insurer? Have they agreed the claim and paid you?
  12. Your friend does seem rather vague about all his business and tax affairs. I still think the only practical way forward is to, first, use the form CA 5403 I linked in post#6 to find out if he has a NI number. Without knowing that you are just going round in circles. If doesn't have one then he cannot get a state pension in his own right because he hasn't made any NI contributions - NI contributions cannot be paid without an NI number. If he does have one he can use one of the routes already suggested to find out his contribution record or contact the Pensions Centre directly to find out what his entitlement is. Find his Pensions Centre here: https://www.gov.uk/find-pension-centre I found this article about whether a man can get state pension based on his wife's contribution record. Possibly seems to be the answer, but I don't know if your friend would meet the criteria. https://www.thisismoney.co.uk/money/pensions/article-7555243/Can-husband-claim-state-pension-wifes-NI-record.html
  13. What's been suggested already. Use the link in post #6 to find out if he has an NI number, then ( if he has one) ask for a pension forecast. The pension forecast form asks for details of spouse (including spouse's NI number).
  14. That's my understanding too. RLP's website used to have a list of cases they'd won which they put there, they said, as a warning to people not to be mislead by online advice that said RLP had no power to recover any sums of money. I don't know if it's still there but when I looked at it a couple of years ago what stood out was that their list of 'successful court cases' were all employee theft/fraud cases, not shoplifters. I believe this is because the legal obligations of employee to employer are different to those of shoplifter to shop. Doesn't mean RLP are entitled to what they asking in this case, of course. EDIT I think ther were some shoplifting cases but they were all default judgements where the shoplifter had received an actual Letter Before Action and Court papers and ignored them all.
  15. At the moment Ladbrokes are likely to keep on refusing to give you information by saying that the account isn't yours so Data Protection law/GDPR prevents them telling you anything about it. One thought, if your wife provided written authority to Ladbrokes instructing them to provide all information about her account to you that might enable you to move forwards? Not sure exactly how you'd word it, someone may a suggestion. Or possibly simpler, she submits a SAR herself and provides a copy to you of everything Ladbrokes give her. I appreciate that because of how all this has left relations between you this might not be possible.
  16. If you are asking me Mart, it's not my opinion that it's bizarre. What I found bizarre is the suggestion from another poster that having that amount of money in your current account somehow made the theft your fault.
  17. I find the idea that it's OP's fault that their money was stolen because they shouldn't have had that much in their current account in the first place rather bizarre and not a view that the police or the CPS would agree with. It's akin to victim blaming. Nor is it reasonable to say that OP's wife isn't to blame because she wouldn't have got away with it if the bank's/site's security had been better. Bottom line = she chose to steal OP's money and shouldn't be let off the hook as the primary wrongdoer. It's theft, however uncomfortable that makes it.
  18. That isn't the same thing at all dx. In your example the partner is using the card with the cardholder's authorisation and the cardholder isn't trying to recover the sums charged to the card. In OP's case, let's be blunt about it, OP's wife has stolen £13k from him and spent it on a gambling site.
  19. No. I can't refer you to any published policies or personal experiences on this but my instinct is that you cannot be certain that your wife wouldn't be prosecuted. It's true that the bank itself wouldn't prosecute - it's the police/Crown Prosecution Service who prosecute, not banks - but if you recover £13k from the bank I don't think you can be certain they wouldn't refer it to the police. Unlikely, but not 100% certain. But I'm also not convinced the bank is much at fault here anyway. I suspect (with no evidence!) that the reason the bank won't do anything unless you yourself report your wife to the police is because they think you could be in collusion with your wife to defraud them. I'm sure you aren't, but the fact of life is that other people do carry out frauds like that and your bank is only too well aware of that. They won't say it like that to you of course. [EDIT I see Unclebulgaria is thinking on this line too]
  20. I also think the company has acted fairly. You ask if you should have been put on a "performance plan or coaching plan". You were. The daily review of your work and reviewing with you the errors found is, in my opinion, a coaching plan. Re payment for unpaid holidays. Yes you should be paid for those. But that's not for your full 28 days annual entitlement. Normally you only get paid for pro-rata amount of untaken holidays. It depends when the company's holiday year runs from, but if your 28 days was for the year beginning 1/1/2020 and your employment terminated on, eg, 14th January then your pro-rata holiday entitlement 1st - 14th January is one day. So If you didn't take any holiday since 1st January that's what I'd expect you to receive, one day's pay for untaken holiday. But you need to check with HR the company's specific policy.
  21. If he can't find it on anything the 'last resort' is to fill in form CA 5403 and post in to HMRC and they will tell him what it is (if he has ever had an NI number). https://www.gov.uk/government/publications/national-insurance-get-your-national-insurance-number-in-writing-ca5403 If he has never had an NI number I'd have thought he couldn't ever have paid any NI contributions. In which case he wouldn't be eligible to for any basic state pension at all, would he? I'm not an expert on this though. Why would a GP's practice know your NI number? Surely it would have your NHS number? I wouldn't be too quick to tell HMRC he never filled in any tax returns but used to run a business even if it was 40 years ago! Stick to what's asked on form CA 5403
  22. My understanding is that if they make an overpayment in state pension they have a duty to recover it if they can. Whether by deduction from future pension or by seeking immediate repayment in full. So if you suspect that £1,000 overpayment has been made but you spend it hoping they won't notice/won't ask for it back is high risk for you (your father). Query it with them now to avoid future hassle.
  23. Sorry to hear about your father. As next of kin you have no personal liability or responsibility for his debts, not for consumer credit debts or any other sort of debt (not unless you had been a joint borrower or guarantor, which I assume is not the case here). But the debts don't disappear on his death, his Estate is still liable for them. It sounds like you are applying to the Probate Registry for Letters of Administration appointing you as Administrator to your father's Estate (sole Administrator, or jointly with your brother?). (Administrator is what you are called instead of Executor if there is no Will). If you are appointed as the legal Administrator of your father's Estate then, as Administrator, you do have legal duty to pay all the debts of his Estate, including credit cards, but only so far as your father's Estate has sufficient assets to pay all his debts. If there aren't enough assets in the Estate to pay off all his debts then his Estate is insolvent and you don't have to make up any shortfall from your own money. It appears that your father's Estate may be insolvent. His debts - mortgage and credit cards - are greater than is assets. Is that what you have calculated? If it insolvent you, as Administrator, have to comply with certain rules about settling debts. Have a look at this https://www.bereavementadvice.org/topics/probate-and-legal/insolvent-estates/ You'll also need to check who is entitled to inherit the Estate as your father died without a Will (died 'Intestate'). Probably shared equally between you and your brother if you are the only children but you can check here: https://www.gov.uk/inherits-someone-dies-without-will
  24. Do you need them to send you a scanned copy before you can reply? Surely you kept a copy of what you sent them?
  25. Did you get to this page on RM site? https://personal.help.royalmail.com/app/answers/detail/a_id/6905/~/what-email-%2F-text-%2F-facebook-message-scams-should-i-be-aware-of%3F
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