johnhowell
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Everything posted by johnhowell
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Go here and read the link to another detail website: http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=12563&sid=300bfb4bb46463f1a27316a71707cc02 Good luck, John
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Before posting your P60 - take a couple of photocopies. I was asked the same a few years ago. I did not hear from HMRC for sometime so I telephoned the number on the initial letter and requested the P60 returned. I received a letter stating they can not find the P60 and gave the amounts of total pay and tax paid. Yet another couple of months later the P60 arrived - obviously some one found it in their In Tray... Good luck, John
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Crane9, Without commenting on the legitimacy of claiming these monies - especially beyond the 6 years limit - and why your mother never chased the payments since 1980... I calculate the following: The number of months between Sept 1980 and August 2010 - first month payment NOT received and last payment before your mother died = 359 months. Interest rate per month = 8%/12 = 0.6667% Therefore, the first months £30 accrues £71.80 (30 * [0.08/12] * 359) each subsequent month accrues £0.20 less then the month before Thus, the total interest accrued for 359 x £30 is £12,924 The loss of payments would be 359 * £30 = £10,770 I hope this helps. John
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House Deeds - when property is owned outright....
johnhowell replied to PriorityOne's topic in General Consumer Issues
When you initially purchased the property you would have been recorded as Proprietor to the Title of the property. The mortgage lender would have placed a charge against the property - recorded at HMLR. Once the mortgage is paid up, then the mortgage lender would have their charge removed from the Title at HMLR, morethanlikely a fee charged to you. But you was alsways the owner (proprietor). Nothing more needs to be done. HMLR may send you confirmation - I received confirmation when I sold my property 4-5 years ago. I strongly recommend that you keep safely the Deed Pack that you should receive from the lender. The electronic version held at HMLR can be a very truncated version of the original "deeds", they only transcribe the bits they are interested in, they "CAD-ify" the original deed plans to the latest Ordnance Survey base map. The original plans and deeds can contain more useful information that you may not find on the HMLR version - eg the T or H marks on boundary features... All the best John -
If the estate is worth more than £7000 (I think) then it has to go through Probate. If you have concerns over the actions of an executor/excutrix then contact the Probate Office as they would have to have interviewed them before Granting Probate. Good luck, John
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change of management
johnhowell replied to GS2010's topic in Residential and Commercial lettings/Freehold issues
Your contract is always with the Landlord. Notices to the Landlord as per the contract. Just because he wants someone else to act as his agent then that is his affair - does not change the contract. I would suggest always contact the Landlord, but now copy in his agent. With regards DHL/Special Delivery - read other messages on this forum and the Notices only have to be posted as stated in your contract. You can do Proof of Posting at the post office - your contract makes the statement that the letter will be deemed to have arrived within two days. Someone here also mentioned that if you send Special/Sign For/DHL, your Notice may actually be refused and will have to be returned to you! Regards, John -
This is incorrect. The neighbour owns and should maintain their property. Sometimes boundary features may have joint ownership (H symbol on deeds as compared to a T symbol). They should ask permission to enter your land to maintain their property - however they can obtain a court order to enforce access under the "Access to Neighbouring Land Act". But again they can not damage your property doing so. You should not attach anything or cause damage to your neighbours property. Go to Garden Law web site for plenty of examples of these types of issues. Summer30 - your discription is a little difficult to visualise. However, if your garage wall faces their garden as the boundary feature, you can check that their have not attached anything to your rented property. Without your landlords permission, etc... John
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As I said before, if there is no money in the estate they will go away. With my step father - one company did call but when we sid he only had £250 in the bank they went away. The difference here is my step father did not part own the property - it was my mums only. However, as MrShed said above, there is value in the estate - half the value of the house at the time of death. It could be argued that the finance company have a valid claim on this part of the estate. John
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When someone dies, debtors can claim off the estate of the deceased. You, as family, are dealing with your fathers estate - in essence you are the executor of the estate. It is the executors responsibility to handle all debts and monies owing to the estate. If there was money in the estate then the debt would have to be paid. Was the credit agreement only in your dads name or joint with mum as well? Lets assume from the postings above that it was only in your dads name, then: Write back to them, as they ask, stating that there is insufficient funds in the estate to satisfy the outstanding finance. We did this when my step father died, nearly all of them went away. The only outstanding debt was to a local department store that he owed £350 for shirts - as it was a local family store my mum wanted to pay this. Good luck John
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Enduring Power of Attorney has been replaced with Lasting Power of Attorney - October 2007 - if I remember correctly. The LPoA is a two-part document (financial and medical) and should not be too difficult to fill out. But has to be registered now (£150?), rather than EPoA which was registered when required. LPoA is for use when someone becomes mentally incapable of looking after their own affairs. But, they have to be mentally capable in the first place to write a LPoA ;-) If they are mentally capable, then a Power of Attoney could be put in place to look after their finances, etc. With a PoA they will still have access to their funds. This is a tricky situation and it may be worthwhile talking to Age Concern or even the Police. Good luck, John
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USA collection agency
johnhowell replied to johnhowell's topic in Overseas Debt/Overseas Account issues
All, Thanks for your comments. Regards, John -
Would a USA collection agency have authority(?) here in the UK? I was treated at a hospital during a holiday in California, earlier this year. I eventually received an invoice and forwarded to my travel insurance company. However, today I received a Final Notice which states that a collection agency would be given my account within 10days - the letter was dated 13 August!I have chased the insurance company to ensure payment is made, but was wondering if the US agency had any authoity here?Regards,John
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Sillygirl1, In Oct 2007 Enduring Power of Attorney was replaced with Lasting Power of Attorney. The big difference was to separate the wishes on finances and health care, also it has to be registered now rather than when the donor becomes mentally incapable. I am unaware that a LPoA would exist beyond death of the donor - only a Will does this. Regards, John
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This happens alot on the death of a loved ones - sad to say. As joint executor you have the right to all the estates documentation. You do not have to employ a solicitor if you feel confident to carry out the duties of an executor - you can not be forced to employ one - however, if this solicitor is being difficult you may have to. If your brother has employed a solicitor to act for him, the costs for this solicitor comes out of your brothers share of the estate. Usually the solicitors costs come out of the estate before distribution to beneficiaries - not in this case... Sadly, with a situation like this the estate is going to be eaten up by the legal industry. A way out would be to agree with your brother to employ a single (another) solicitor to deal with Probate and the estate. A solicitor could be employed just to carry out specific tasks rather than the whole process. Good luck, John
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Selling cars from residential property.
johnhowell replied to 1stlifeline's topic in General Consumer Issues
Contact HMRC as I understand that if you sell too many cars privately then HMRC are interested as earned income. It may be as low as 6 cars a year. There was a TV programme some years ago that showed a local council seizing vehicles for sale as they were park on the highway verge - not private land. Good luck, John -
Have a look at this thread in Resdential and Commercial letting forum: http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/248933-landlord-refusing-show-electric.html Regards, John
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House sold, FENCE DISPUTE matter ... Please help!!
johnhowell replied to papadak's topic in General Consumer Issues
I have said this so many times: The title plans you buy from HM Land Registry do NOT show the boundary feature "T" or "H" marks in the majority of cases - and as part of my job I have seen hundreds of Titles. The Land Registry transfer only information they are interested in from the original deeds to their Index Map - sometimes missing large numbers of clauses. To know precisely what you as owner is responsible for - get the original deeds - check with your mortgage lender. For our property, the deeds had not been transferred to the most recent lender, but was still with the previous solicitor. Good luck, John -
Rabet, If the executor does not full fill the role correctly as outlined in the Will, then you can report him to the Probate Office and may be have the account audited. There may not have been enough monies in the estate after expenses to pay out the Pecuniary Legacies. However, in such a case the executor should have informed all those mentioned in the Will. It may be that you will have to take him to the Small Claims Court Good luck, John
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Red, As a point of information your father would be next of kin under intestacy rules - however he does not necessarily become the executor of the estate. If the total value of the estate is less than £5000 you do not necessarily need to apply for Probate. As you have applied for formal recognition as executor - you do not become the executor of the estate until you recieve the Letter of Administration (LoA) from the Probate Office. As stated before the deceased debts do NOT become your personal debts, they remain with the estate - to be administered by the executor. Write to this company and explain that LoA has been applied for and once granted and other costs are covered (funeral, etc.); debts owing will be paid - if funds are available. Do also cover your expenses whilst acting as executor (although your time can not be paid for). All the best, John
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But the fourth paragraph states CT arrears of £1200 OP - visit the Debtfreewanabee forum on Moneysavingexpert.com for lots of advise on debt. As dx100uk says contact the free debt advise agencies. Good luck, John
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Vehicle access rights.
johnhowell replied to hallsy81's topic in Residential and Commercial lettings/Freehold issues
Try www.gardenlaw.co.uk for more relevant help to this issue. Good luck, John
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