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lolo1

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About lolo1

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  1. The DCA. So what I was asking, as you guys know all about this stuff, was a) is that true that they can (Link) ask for a list of the creditors vs what his estate was worth? b) Will they have a way of checking if I have listed it all (you have answered this above) and c) if they don't agree with my submission, can you go to a court to say that the executor hasn't given them what they need?
  2. I contacted a solicitor today for advice (no fee, it was via a friend) and they said that as the executor, they will send you a declaration of the estate assets and if you don't reply, or don't like what you have written down/ don't believe you, they can apply for a court to ask for that information.
  3. Thank you- sorry it's tiresome. I find it so stressful. This is my life and if I end up having to pay 100% of what is down as owing, it will mean nobody else gets a thing. People have shelled out for stuff after my dad's death, friends owed money and if get it 'all' that will be so many people left in the lurch. I have been told to expect a letter to me as executor asking for a list of assets and debts and I have to comply with that unless I want to be taken to court for it. This was why I was asking if in that I can send back = this is the monies, this is the debts (no creditors named just a total amount) and this is what portion you can have. I am VERY sorry you are finding in tedious but I REALLY appreciate you helping, I have nobody else to guide me.
  4. Can anyone tell me about the access people like Link have to my dad's affairs? By this I mean, when they ask for a list of his assets/other debts, will they accept a list or will they demand receipts etc? I am wondering how much legally I have to release (paper trail wise).
  5. I don't have those statements. According to MBNA, he double paid when he missed some. Those finance charges should be illegal. I think this is what killed my dad- the stress. Is there anything I can do to make / force them to take a reduced offer (link).
  6. It's so fishy. It's come from mbna via the ombudsman. He applied to mbna for the statements despite me saying I didn't want him to as he was helping Link with their evidence. What is ridiculous is the ones I attached had no headed on. The other ones on the same email to me been sent through, have mbna statement and his address etc (as you would expect) and show the account listed as £5000- then a balance of zero (as says was sold on). So any idea what I can do with these finance charges? It is absolutely ludicrous he was paying mbna over those years the dd and they have charged huge fees. Would that be the interest on the balance that of course they are keeping high as it means he is never paying off any of the balance when the interest/finance charge exceeds his £202 pcm payment. Please tell me what to do next- I need an idiots guide.
  7. So all hopes now dashed. This statement has been sent through - however what is finance charge? All of those huge amounts? No wonder the balance is thousands. Could I dispute those? I don't want to give these cowboys a penny more of my darling dad's money that isn't fairly owed. There isn't enough to pay them the balance anyway.
  8. Thank you. Indeed, regardless of who took it out allegedly. It's in my deceased father's name so I just need to focus on that and whether it was SB before it was sold on to Stink. Re: the ppi. The only letter I have is dated 2017 which declines a ppi payment owed and alludes to one having been paid out. I'm assuming therefore it was for this alleged debt. My dad tended to keep all sorts of documents and letters so particularly suspect that there is 'nothing' from stink apart from the ppi payment one above (2017) plus one from 2014 saying 'sorry we haven't been in touch, we were clarifying your address.' No mail from mbna the OC.
  9. Thank you everyone who has taken the time to post and help me. It's such an awful thing to have to deal with as a grieving daughter. I believe that perhaps this was another credit card taken out in my father's name by his unstable girlfriend - it transpires that she also (same period of time 2004-6) took out a store card in my name and my date of birth (basically as me) and this only came to light after his death. I have managed to prove it was not me and the store have now disassociated me from the account which had 2k debt on it. My dad hated credit cards and store cards- I'm 100% certain of that. He didn't need them also as he earned good money. My father was abroad working also in those years - I think it will be impossible to prove it was not him and the only hope I have in proving it was her and not him (identity fraud) would be if I can actually see a signed contract with his exact signature on it. As he 'loved' her supposedly, he also wouldn't shop her (but did get very mad) and he realised that she (before him) had taken out 70k worth of debt and had ppi. It looks like on this card he applied for the ppi back (and got some). Again this will mean that they will say he 'admitted' to the debt. I 100% believe that IF this debt exists, it was not his doing. What an absolute mess. She's still alive and living in a house now paid off as she used to take £300 every two days from his account and hide it under her mattress. Obviously wasn't allowed a bank account as she was declared bankrupt.
  10. Thank you. According to stink, when they were sold it in 2014- they were told by the OC that a payment had been made in 2014- soooo 'patiently' waiting for their evidence to come from the OC.....tick tock tick tock. Until then....they will not be getting a cent. IF they come back with a statement of a payment, I will then check where/who that payment came from, knowing they are prone to making up such random payments. According to the ombudsman they do not have to provide the original signed agreement - so I will also be querying that if they forward on the reconstituted one. It's a 2006 debt so am sure it comes under the 1974 law. I have also seen a couple of threads that state, this will depend on the judge- if it gets that far.
  11. Thank you- it wasn't that I ignored the experts, it was that different things came to light so I had to ask about those eg: the debt counsellor letter that surfaced so I was checking in with what that may mean. Before that, the estate ceased being insolvent and so I asked about that. I appreciate everyones help. I don't want this to be plaguing me for years to come. Link sent an immediate letter to a solicitor they 'believed' was looking after my dad's monies (they were told it was not my dad's solicitor but his deceased mother's) so they sent a letter stating what he owed. Can I ask what evidence your DCAs sent to tell you that monies were owed?
  12. this part- If they wish to enforce the agreement in court through litigation in theory the Original signed executed agreement would be required.The changes were never retrospective....others would argue yes but they superseded.
  13. thank you- I'm not au fait with these terms. What does that mean in 'simple idiots guide terms.?
  14. Thank you- he resided in Scotland and had been since the 80s so it would be 5 years. It would mean that they have to show payment 2009-14. He was abroad for all of that time, so that will be interesting. I have a couple of his statements from 2012 and no sign of any 'payment' to mbna in those. The ombudsman has said something about receiving a reconstituted agreement but I 'think' that they were only allowed for 2007 +. By law do they have to state 'it is enforceable' 'it is unenforceable' if asked? I have asked that question and no response. I thought I read that they 'had' to state that when asking for monies? IF it turns out it has to be paid- has anyone successfully offered Link less than supposedly owed? I'm so sad for my dad as 1 year later (2019) it was statute barred even after the debt counsellor contacting them.
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