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Ethel Street

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Everything posted by Ethel Street

  1. 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.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. 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]
  7. 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.
  8. 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
  9. 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.
  10. 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
  11. Do you need them to send you a scanned copy before you can reply? Surely you kept a copy of what you sent them?
  12. 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
  13. Did you complain to the dealership about only having one key back in 2017 when you collected it? If not and this is the first time you've said anything about it to the dealer I can't think how you could ever prove your argument. So yes you probably will have to suck it up and buy a new key. The moral of the story is to complain at the time. Maybe they can't prove they gave you two keys, but on the other hand you can't prove they didn't and two keys is what's the standard provision by the manufacturer. Go through all the documentation you got when you collected it. Does it mention keys anywhere?
  14. Just a thought about replying to the solicitor, maybe the experts can comment. Let's suppose OP's parents do get persuaded by their solicitor to take their claim to court, despite how weak their case appears to be. Would it then count against OP that he had not replied to the solicitor's letter, directly to the solicitor? Maybe the judge would say that if OP had replied to the initial letter the case could have been resolved earlier and that would influence the judge's view on costs, for example? (Obviously if OP receives a formal 'Letter Before Action' he must reply, but I'm thinking about what he should do about this first letter from the solicitor.) That's a question, I don't know the answer. It might be something that's on OP's mind.
  15. Sorry, can't help with your specific question, but just wondering how this affect your ability to sell the timeshare? I'd have thought that any potential buyer of the timeshare would be told by the timeshare operator that there £3,000 + owing and refuse to permit transfer to the new owner until you pay it. Bear in mind that if a debt is SB it doesn't extinguish the debt. You still owe the money, just that creditor can't recover it through the courts. So the timeshare operator could still require you to pay the debt as a condition of approving any sale. (Assuming English Law applies)
  16. When did you formally accept their offer? Was that 8 weeks ago, approximately 7th October? Did you sign their formal documents accepting the offer? If so I'd expect them to have paid by now Who are you trying to claim damages back from? If it's from the third party that could be why there is a delay (because the TP may be pursuing their claim against you and not accepting a 50/50 settlement). Did your solicitor recommend you made the claim against the TP? Have Admiral offered to renew your policy on 5/1/20? If they have offered renewal at a premium £600 higher than last renewal why is it a problem that your claim hasn't been paid to you yet?
  17. People usually sell through estate agents near to where the property is located so try searching for 'estate agents near [postcode]' and go through the results to see if one jogs your memory. Likewise for solicitors.
  18. One question for clarification. Is your uncle, your mother's brother who the court said was entitled to 50% of the property, still alive? If so is this solicitor saying they are acting for him as well?
  19. Good point from HB. Before you see a solicitor start trawling everything you have for relevant papers - emails, letters etc. + All the documentation you have relating to the purchase of the house. And copies of everything else that you mention about bills, tenants etc. That could all amount to a lot of paper. Then take a photocopy of everything you have found ready to give to your solicitor. And make some notes for yourself in detail about everything you remember. Incidentally, it's just my opinion that will need more legal advice than can be given here. Maybe someone will come along who is an expert in this. But TBH I think that is unlikely, that's why I recommend you get your own solicitor asap. Because (a) it's legally complex and (b) there's a lot of money at stake for you.
  20. My thought is: you need a solicitor yourself, and quickly. The legal situation sounds extremely complicated. There's only question that I feel confident in advising you on. You ask "The letter was also not recorded in case it makes a difference." No it doesn't. It might have done if you hadn't received the letter, but you have.
  21. Could you make an objection to Companies House opposing the strike off application? I don't know whether that's possible or whether there would be any point.
  22. XS Direct website says this. I read that to mean it's a single £3,000 excess relating to the whole claim, not per section. So you'd only pay one £3,000. That's just their general statement on their website though, the only way to be sure of your specific situation is to ask them. Our standard excess is £3000. That means that we pay everything above and beyond this amount, in the event of an accident, where a claim is made on our policy or by our client. Comprehensive policy Our policy fully covers you for damage to your vehicle and any third party damage and/or injury in the event of accident, over the policy excess of £3000.
  23. Did the dealer say why? Probably because the dealer has to pay a % of the amount to the credit card company. It wouldn't be a significant cost on the deposit but quite a chunk out of the dealer's profit margin if the dealer accepted the full £5k balance on CC
  24. That's good to hear. I hope it all works out well for the future.
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