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Found 6 results

  1. I have argued that the claimant did not serve demands for payment in writing in a competent manner. I never received a Notice of Assignment to Cabot from the original creditor, Halifax. Further more, when I received a letter from Cabot, I wrote (in May 2013) to them with a section 78 request (CCA), enclosing £10 and stated that as far as Cabot were concerned I had no knowledge of any debt that was outstanding to them, which would not be subject to the Statute of Limitations Act 1980 (the original agreement having been taken out with Halifax pre 2007). Furthermore, despite asking Cabot to supply the original creditor’s statements of account, showing when the last payment was made and when the account technically went into default (according to the accounts terms and conditions) I received no direct response. Finally, I have been making nominal payments as a token of goodwill & acknowledgment of the debt. This was done upon the advice and guidance of the Consumer Credit Counselling Service. I notified Cabot of this and caveated the correspondence that unless they heard otherwise would assume that this arrangement was to the creditor’s satisfaction. Wright Hassal have now issued court proceedings only yesterday I received two letters in the same envelope, one stating they would look to have my defence struck and proceed with the court case and the second offering me a 10% discount to settle by the 28th March 2015. Am I on a hiding to nothing and should I just get on with negotiating a better discount? I presume that Cabot would not have paid more than 20 p in the pound?
  2. My brother and I are both executors and sole beneficiaries of our late mums estate. We would like to distribute the estate as simply as possible, but we're having difficulty finding clear answers that don't assume we are trying to achieve some form of tax evasion or ripping each other off. Any legal adviser to date is just creating work for themselves and leaving us more confused, which was the same as just before I decided to manage the probate process myself saving between £700 - £1000! Mums estate is made up of a few hundred pounds (let's say £2k max) and her mortgage free home, recently valued by Esurv at £85k. Note: on the hmrc forms we estimated house value at £120k as there had been no similar house sales in the area for some time. There are debts to be paid from this before distribution. We would like to distribute mums estate as follows: 1. Pay mums debts and all bills relating to mums estate and the upkeep since mums passing from the estate. 2. Transfer the house directly into my name with land registry. We have the physical deeds and mum is the registered owner with Land Registry. I would then like to pay my brother the sum of £35k in 3 parts, which we think will be equal to 50% of the remainder of the value of mums estate. And is the sum agreed to given my input in the upkeep of the house since mums passing. This would be a payment from me and would be paid: £10k immediately and a promissory note/agreement to pay the remainder in two parts; £10k spring 2015 and the remainder by September 2015. My brother is trying to help keep mums house in the family and wants to help me to achieve this. He does not need the cash in a lump sum and knows that, once I can achieve a high street mortgage next year, he will have access to any monies outstanding. At present I cannot access a mortgage as I have a 5.5yr old ccj for £252, I own my own business and will not have full two years of accounts until November 2014 and we have technically only 'owned' the house for less than a year as grant of probate was given in November 2013. So, we need to know: 1. Can we do the transfer with Land Registry? If so, is there a place/formal way to set out why we are transferring to one and not both of the beneficiaries, which is acceptable, legal and binding? I understand that we must leave a clear trail not just for ourselves but for future owners/purchasers. 2. DIY Land Registry: As I successfully completed documents for the grant of probate we assume/have been advised that land registry assent/transfer would be achievable save for the part where the exchange is to one not both of the beneficiaries? 3. Conveyancing: Do we need to do this? It is likely that, should I need to take out a mortgage next year to fulfil my debt to my brother, I will need to through the conveyancing process at that time. 4. Can we use a promissory note to note the payment schedule to my brother? 5. Can we draft this promissory note ourselves and have it notarised by a solicitor? 6. Do we need more than one lawyer to achieve this? Some are saying 'yes' as I am executor, beneficiary and 'purchaser'. I am hoping that someone out there can either provide or signpost us to a less biased responses to these queries and we can move forward at this painful time! Many thanks in advance.
  3. Hi I was wondering if anyone could help me. I inherited some money just before my husband and I decided to split up, can you tell me if he is entitled to any of this money please?? the money was in my name only. cheers S
  4. Hi we have inherited my fathers house I will be recieving the letters of admin next week My sister wants to keep the house and has agreed to pay me my half of the value ... Due to her not working her partner will be obtaining the mortgage in order to pay me my half , the property value is approx 250000 ...So i will be recieving 125000 the property is still in my fathers name I will be transferring the deeds to my sister or her partner , is there any tax implications when we do this or is it basically him sending the funds and then we transfer the deed .. the whole estate value was approx 270000 including the house so we are below the IHT threshold .. any advice appreciated ...
  5. Greetings! I havent got any sleep for weeks since the Lloyds TSB is chasing me. The story goes as following (pardon my broken English, I live in eastern parts of EU): About 5 months ago a close relative of mine died. I was the sole inheritor of her property, consisting of an apartment and several loans. I have taken care of 2 out of 3 debts. The third one is Lloyds TSB and the sum is 3000 GBP. Since one of those 3 loans pretty much crippled me financially (I am still quite young) and the apartment is, well, everything I have! Lloyds got my address through solicitor, who took care of the inheritance process. By the local law inheritance goes as following by my best understanding: Inheritor notices the solicitor -> solicitor notifies all the local banks to get information about outstanding debts and assets, as well as gathers other information about assets. (this is the part where I did wrong - to my knowledge, she had some assets held by Lloyds so I listed it down and solicitor contacted them about me being the benefactor) -> 30 days is given for other relatives to claim their part of the inheritance, if they have any legal reason to get anything. -> benefactor is notified about the debts and assets and the case is closed if there is no dispute. The benefactor is obliged to cover all debts marked up in the documents then received, as well as any new ones that surface within a year. About a month after receiving the mentioned paperwork, I got a formal letter from Lloyds, claiming that my relative had a debt (suspiciously round amount?) with them and I should notify them if there are sufficient funds left from the estate to cover it. Well, there is the apartment but selling that would mean me being homeless, since the market value is quite low and I can not afford a rental. Enclosed was also a quite massive form, called the Assets and Liabilities Form, that demanded quite a lot of sensitive information, including bank acc. numbers of the deceaseds' other bank accounts, list of valuables, contact information of other benefactors and so on. I decided to ignore that letter, about 3 months have passed and I received another letter, this time in a more discrete envelope. The letter again asks me to confirm if there are sufficient funds blah blah and they can not drop the account until I have returned completed assets and liabilities form, which, as stated on the form itself in veeeery fine print, is pretty much a legally binding contract - if I fail to inform the bank accurately about ALL the assets the deceased had and the bank finds out, I have agreed that the bank should take legal action against me. quoth the letter: We would remind you that if the late XXXXXX had any assets then there is a legal requirement for outstanding debts to be settled before monies are paid to family or friends. To sum things up: I am certainly unable to pay that 3000 quid. I would like to avoid responding to them. That would be the last line of defence for me. Making the inventory of the deceaseds' assets can be only handled by a solicitor and before the inheritance is finalized. Furthermore, asking about bank details should be a violation of information protection laws in my opinion. But telling them that could mean that the debt could be handled by local inheritance law, meaning that I most certainly must pay it. The latter letter seemed quite computer generated. Signed by Mrs. XXXXX, Centre Manager. Scare tactic? The deceased was not UK national, neither am I. Long story short, how long would the ignoring tactic hold and how much chance could I actually stand avoiding that debt? I am quite scared here, I just started independent life. Any help is appreciated! Thank you!
  6. could you good people qive views on what may in time become likely senario. now no assets at all,,making token £1. payments,,, if inherit house,,i become asset rich but still cash poor,,,but my own place to live, how would this in your opinion afect dealings with collectors if they knew i had saleable asset, a...would they try force me to sell home to pay... b..would they still offer f/f if could find funds,,, c...or simply try to bankcrup me to sell my home n pay em:evil: d..just keep on token payments as still id have no more cash even though id have home... thks you good folk in antisipation
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