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I haven't been on CAG for a while for the last 18 months I have had an ongoing battle with my electricity/gas supplier who have applied 3 times for a Right of Entry. Each time I have attended the magistrates court to contest the application and on two occasions it was refused and on one withdrawn . I just wanted to say it can be done and if you present your case calmly give an overview, a chronological history of who said/did what and when, actions you have taken, what you would like to happen and a conclusion, then the magistrates, at least in my experience, seem to appreciate you bothered to turn up and came down on my side. The three Enforcement Officers, all different, applying for the warrants at court have all been pleasant. One was so surprised I had turned up he said he wasn't going to apply for the warrant as he knew nothing about the back ground to the the issues surrounding the warrant application, so withdrew it. The second time, I went on the stand and the enforcement guy beforehand was actually very helpful. The third time he was OK but had a slight whiff of bailiff attitude about him. All three were woefully ill prepared and did not seem to have any information beyond they are there to gain a warrant. On the three occasions I have attended, I have been the only person with a warrant application for Right of Entry to have turned up. From what I saw the magistrates ask some very cursory questions and rubber stamp all the warrants. So my advice is take courage, go to the court, put your case and fight your corner even if it is just to by yourself some time.
long ish story grandfather remarried, v happy were together ages they both had same will if they die money left to other partner etc if after one partner dies the other dies within 30 days the estate is to be split between her 3 children and his 3 children. well she died 12 years ago, 6 years ago he decided to remake a will as his deseased wifes children made no effort atal to contact him or play a role in his life, so he left the estate to his 3 children, but did leave 5 grand to one of the children and 3 grand to the other two so atleast hes given them something. now he died few weeks back, low and behold they are all popping out of the woodwork one had even requested copy of the will, now they are saying they are going to contest the will put a cveat on the house and kicked off about letting him be burried in his wifes grave, how cruel and twisted is that!! anyway we know they cannot do that bit and funeral for him to be burried in his wifes grave will go ahead thankfully. any thoughts and opinions on this?
Hi, I'm not sure where to start with this I suppose first thanks for looking and I appreciate any advice you can offer I will be as brief as I can. When my dad passed 4 days after my step sisters mother landed on my door step demanding 50% of his estate which had been left to me in his will. I of course refused since she was an ex wife of approximately 20 years but my step sister (who dad hadn’t seen for years, but paid CSA till she was 18) said she had grounds to contest his will. My Farther also had an insurance policy for around £20,000. She wanted the lot but I was advised to offer her £15,000 to avoid going to court and she accepted. I was advised that dad’s debts come first so I used the money from the policy to clear some of them leaving a mortgage and few credit cards to pay off. After a lot of messing about getting buildings signed over it was finally late 2013 all buildings where signed over and in December we had the bank onto us saying that they would give us till April 1st 2014 to sort out the money for the house we are living in that my dad mortgaged for us or they would take it back leaving us homeless. We have been unable to secure a high street mortgage to pay the amount owing on the house and now my sister too. We did get the go ahead on bridging finance to cover the cost of the house pay my sister off and clear off my small amount of debt to be able to have a better chance at a High street mortgage to put me back on track. Which we are in the process of finalizing now. My sister (or her legal aid solicitor) has taken me to court for the £15,000 which is the main reason I’m here. The court suggested I apply to stay it. I’m unable to get representation as I really can’t afford it at the moment with everything else on my plate with the completion of the bridging finance close their solicitor has informed me that trying to stay it giving me a bit of extra time is doomed to fail and I should withdraw my request saying loan is imminent I have a stay hearing tomorrow and I have no idea what I’m going to walk into if its just talking to the judge or am I going to end up being bullied by a solicitor? Thanks again in advance for reading. Sorry she didn't contest the will this was a settlement she wanted and this hearing is because she couldn't wait and has applied for a CCJ this hearing tomorrow is to set aside the CCJ
HI Caggers! I need your help with this! November last year, I had received my initial FOS assessment in my favour about PPI complaint registered against Barclays. On 18th of February 2013, I received another letter from FOS informing me that Barclays contested the decision for the reasons below: please find letter sent by Barclays to FOS. i never had anyone either on phone or face to face who explained to me anything about the PPI policy. it came through the post & i signed it off to them. Dear Sirs We refer to your assessment in relation to Mr xxxx complaint concerning the sale of payment protection insurance (PPI). Please accept our apologies for the the length of time it has taken to respond to your letter. My understand of your assessment is that you believe the complaint should be upheld because you feel that reviewing the Payment Protection Insurance (PPI) policy element of their Barclaycard is not clear from the evidence available that the policy was optional. We have reviewed the complaint relating to the purchase of their PPI policy and have identified that their application form was completed over the telephone with one of our advisors. We believe that our evidence suggest that the optional nature of the policy was made clear to the customer. We have set out below our reason for this, using both our generic evidence and where applicable customer specific evidence. Sales Process Evidence We note that the Payment Protection Insurance was sold 2003 over the telephone. Attached is a copy of our telephone sales script and attach this in appendix 1. We note the following from this script which indicates the optional nature of the policy: · The customer was required to give positive or negative response when asked if they would like to take out PPL policy; · Following positive selection, we in addition make the customer aware of their right to cancel within the first 30 days without obligation; · Even following a positive response the customer is requested to reconfirm their decision;4 · We also note that at no point customer is informed that the policy is obligatory in order to take a Barclaycard. Following positive selection for PPL, a pre-populated Application Form will be sent to the customer following the conversation. We attach in Appendix 2, 3 copies of Application Forms use during this period. We will have sent our original submission a copy of the application form if we hold on file, howeverdue to age of sale, we may not retain copies. The Application Forms are per-populated for convince the customer’s decision. Sections required, then there was further opportunity for it to declined at this stage. In this instance, acceptance was confirmed by signing and returning this documentation to Barclays. The customer would then the application form to the insurer’s, who would review it and if the application was accepted would forward a certificate of insurance to the customer. The certificate of insurance confirms the full terms and conditions of the cover, including all exclusions and highlighting the right to cancel cover within the first 30 days without obligations. As a result of the sales script used, the process following the initial sales call, and the fact that the customer’s recollection of the complaint does not indicate his script was not used, we believe this is sufficient evidence to demonstrate the optionality of cover. Customer Specific Evidence in addition, we note from our investigation, that the customer has not provided any evidence or any testimony that indicates the customer was unaware optionality of the policy. Conclusion In summary, given the above, we do not agree with your assessment of this complaint and would ask that the point raised is considered. We await response In due course. Thank you in advance for helping me with this