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Found 36 results

  1. Good Morning, I'm seeking some advice/direction from you for my mother following my fathers death in 2014. Her mortgage started in 2002 and was called a Natwest Foundations Mortgage, it was effectively an arranged credit line that allowed you to borrow up to the value of the property and pay off extra amounts when suited. Natwest withdrew this product and started locking peoples money in, there was widespread complaint online about this. At this time from research, many customers moved to other products offered by the bank however my father insisted he was staying on the product. Still to this day that mortgage is in place, it reached the 14 year term in 2015 and has rolled on a SVR extension for 3.5 years... I have drafted for my mother with her consent, the issues that she has with her mortgage. Some advice and direction would be greatly appreciated. Issue 1 - Natwest Payment Protector sold as Life Insurance with Mortgage Foundations Mortgage Account taken in 2002 – This was done 100% at home by an Natwest advisor called XXXXXX XXXXX. We have hand written letters that were included in the SAR that show this. Natwest say that they have no records to indicate he ever worked within the company. I feel this is crucial to my complaint as XXXXX XXXXX completed the mortgage with myself and husband at home and advised us on everything. We were advised we had to take a life insurance product called ‘Natwest Payment Protector’ in order for the mortgage to go ahead. From the beginning of the mortgage up until my husband’s death in July 2014, we were led to believe that the Natwest Payment Protector was Life Insurance on the house. It is proven that this is what we believed as when my husband had his first heart attack in May 2008, he contacted Natwest to try and freeze the account. At no point did he use the Natwest Payment Protector whilst sick, which is apparently what it was for! We both were led to believe this was Life Insurance. At this point, I am upset that Natwest did not inform us what this product actually did - If they had, it would have covered the payments whilst he was sick and also would have made us aware of the product they had mis-sold at a time when we could have done something about it. This has had a huge financial effect on myself. Natwest have produced after many letters to the bank, a document with my husbands signature agreeing to the costs and benefit of the NatWest Payment Protector… This was not signed by myself nor do I believe my husband signed this understanding what it was he was signing – I stress, the Natwest advisor forcibly made us take this product as part of the ‘deal’ and this product was ‘Life Insurance.’ Issue 2 - Failing to supply information under SAR My initial SAR request was handled carelessly and was to say the least, incomplete. It was missing huge amounts of information and the majority of what was sent was not legible. I complained about this and specifically requested it to be resent as well as information pertinent to the mortgage to be sent. Following this second request – there is still clearly information missing. Issue 3 - The original mortgage agreement/contract and terms and conditions Despite two subject access requests being submitted a Natwest complaints handler has informed me that – quote ‘A further search has been completed by the Mortgage Operations Centre and they have been unable to locate a copy of your original mortgage offer’. I find this un-acceptable and ask on what grounds this mortgage is enforceable under the CCA between 2006 and 2016? Further to this, despite two subject access requests and specifically asking via letter to the Chief Exec’s office on more than one occasion Natwest have failed to supply the original ‘Terms & Conditions’ of the mortgage. Nor have I been supplied a reason as to why these are not available. In fact, since asking for this information shortly after my husband passed away in July 2014 I have not seen any paperwork produced by Natwest that form an ‘agreed mortgage contract’ nor an ‘agreed credit arrangement’. Issue 4 - Status of mortgage agreement during the years 2002 to 2018 leading to issues surrounding compliance of the CCA in 2006 and FCA Regulations at the ‘supposed’ end of term. My understanding from recent research is that this mortgage is a pre-2004 First Charge Mortgage that was unregulated when put in to place in 2002. 2002 – 2006 Between these years the mortgage should have complied with the CCA, however from research it seems like the £25,000 barrier stops this from being required… In the Natwest supplied SAR upon opening the loan, I find it very convenient that there is a column entitled CCA (Consumer Credit Act) – marked with ‘NO’. I would like this explained to me as the bank deemed this important information to record however I was never informed of a regulatory body nor law that would be/become important… Is this a fair relationship? 2006-2016 Between these years the CCA was amended significantly and as this loan is a pre-2004 first charge mortgage, from my understanding it was subject to compliance with the CCA between 30th March 2006 and 21st March 2016 when the mortgage becomes regulated by the FCA – see PS17/6. During this period, several compliance failings occurred however two of which I feel are significantly important: Failure to send NOSIA – At no point was a specified notice of sums in arrears sent, by trawling through statements I can see that this should have happened several times. The first of which took within the 2006 onwards period is May 2008. Failure to do this would make the agreement 'unenforceable' until notice is given. Failure to send Annual Statements – None sent. Failure to do this would make the agreement 'unenforceable' until notice is given. During this period of time, my husband had passed away and I was completely unaware that the bank had these obligations to me. Further to this, I made several complaints via telephone and in branch as I didn’t even have access to my mortgage account online. Furthermore – I still don’t have access to this online now! (August 2018) Issue 5 - Product Extension Concerns June 2015 – August 2018 (Taking into account FCA Regulations enforced on 21st March 2016) It is my understanding that the verbally agreed extensions following the ‘supposed’ end of term mortgage are subject to the rules and regulations of the FCA now. This loan extension and all monies paid on this ‘extension’ should have been a ‘Regulated Mortgage Contract’ and there should be certain paperwork in place, such as a Loan Contract, Terms & Conditions, Key Facts, Annual Statements etc. There have been serious failings by the bank to comply with FCA regulations during this period. ----------------------------------- Thank you for any advice and direction in advance.
  2. Hello people, My name is [removed - dx], I am 26 years old., From Bedfordshire. I have 4 kids (please don't judge) with 3 mother's, 2 of whom we are good, my youngest child's mother always causes issues if I give her money like the other 2, she is not grateful and wants more, which is unfair to the other mother's, she went to CSA and claimed I never got involved with my child and also went to my work place and put in a complaint, claiming I was breaching data protection a case was brought up but I was okay as she kept changing stories. But it got to me mentally and I eventually quit my job, I took a few weeks out of work and worked in a new place now CSA sent me a letter saying they'll take 50 pound each week from my new wages which was less than I was giving her, then I received a new letter stating they was going to take 120£ a week. At the time I was living in a shared house and could barely afford to pay rent with this new job, let alone pay for my other kids, I ended up working overtime everyweek and loosing out on sleep, so I could hardly see my children, this started to affect my health, my life and was making me really weak, I wasn't eating. I rang them and pleaded with them, supporting my case with what I could and saying I couldn't afford what you was taking, but they had made it so it came straight out of my wages, I couldn't pay a single penny to my rent, I couldn't afford food, or even to pay for my other children, I eventually became homeless and turned to alcohol (iknow that isn't great, please don't judge) with no home, I lost my job (which was night shift) I had nowhere to go. I've had various mental health assessments also. Until I met a very old primary school friend and he took me into his home up north in Lancashire, he housed me for a bit while I started work, and got myself a place.. things was going okay, my mental state really improved. Until I received another letter this morning, stating they will be taking even more money. Is there anything I can do, I'm sure it is illegal to make someone feel so low and homeless. If anyone can help that would be much appreciated, even if it's something small.... I just don't know what to do.
  3. Hi, would appreciate any advice regarding the situation of a relative who is a single Mother. She had an outstanding housing benefit overpayment which was being repaid monthly over a payment plan for the last few years. At the beginning of this year the council got in touch to say that they needed to increase the amount paid each month; following a review of her income and expenditure a significantly higher amount was agreed to be paid which she has paid without fail. The council also stated that they would review the payment plan after 3 months, however they sent a letter 4 months later with a means statement saying she needed to respond within 10 days. She was out of town and didn't see the letter until she returned 11 days after it was dated; she called the council who said that they have now passed the debt onto a debt recovery agency and she has to deal directly with them and that there is nothing they can do now. She is now very worried and has been sent letters by the debt collection agency. I think the councils behaviour is unfair and unacceptable, she has always made the payments agreed and was compliant with the agreed payment plan, they sent the means review later than they had indicated but are punishing her by handing her over to debt collectors because she did not respond to their late letter within 10 days. Does any one have any advice as to how she should deal with the council and the debt collectors? She is willing to repay the debt within her means and doesn't think it is fair to have to deal with bailiffs and risk losing her possessions or work to their aggressive repayment plans.
  4. My elderly mum 76 was very ill so I made an emergency GP appointment for my mother. I suspected she had pneumonia she was finding it difficult to breath, had immense aches and pains she was vomiting throughout the day. She was unable to stand up herself and was on the verge on collapsing. She had visibly got worse and worse as the day professed. Me and my brother struggled to get our mother into the car to get to the GP. My mother was in immense pain it was terrible. She was made to wait in the GP's waiting area for at least 20mins in great pain and her lungs were tightening up and restricted her breathing (no body from the GP's office took any notice of the state my mum was in). We were repeatedly told 'your will be next soon'...we struggled to get our mother to get up off her chair she had to be supported by me and my brother on each side getting her out of the house and into the car and from the GP car park inside the surgery. Eventually it was our turn and me and my brother held our elderly mother on each side and struggled to gather off the chair and to walk the distance along the corridor into the GP's room. Once inside the GP room.. .the GP just looked with a blank expression at my mum. ..my mother was struggling to breath and tell him she was struggling to breath and had a terrible burning sensation in her chest and terrible pain in her head as well as chest. Then GP checked my mums temp and heart rate and said my mums heart rate was a little high. The GP told my mum 'I'll give you antibiotics and go home and rest you should be ok.. .the antibiotics will take 24hrs to start working and if she gets worse you can call the ambulance' I turned around and said I think my mums got pnemonia and he said 'what makes you say that?'. ..I replied 'She's 76 she's been coughing for last 4 weeks but today she is on verge of collapsing finding it hard to breath..' then the DR used the stethoscope to check my mums lung and said 'She's got Pneumonia in the right lung' 'I suggest she goes home takes her antibiotics and rests'...I replied 'no I want her to go to hospital look at her state...' The GP gave us a letter and told us to go to the hospital with the letter to the 'Medical Assessment Unit 4'.. . I asked the GP can you please call the ambulance the GP turned around and said to me 'the ambulance I just like a taxi all they will do is take her to the hospital...you can take her in your car' I was left gobsmacked at his response...we struggled to get our mum out of the surgery not the car. At the hospital I went to main reception whilst the car was parked outside the main reception to the reception. There were 4 porters sat behind reception and I asked 'I need a wheel chair fort elderly mum, she's got pneumonia' The porter turned around (with 3 other porters sat around him) and told me 'go find the wheelchair yourself we have to do the same as you and look for a wheel chair. ..go find one somewhere in the hospital' I replied 'its your job to find a wheelchair, there's 4 of you sat in reception your porters' he looked at me and then instructed one if the porters to find a wheel chair. I needed the wheel chair to get my mum into the hospital from the car park. I turned around and saw my brother bringing in my mum into the reception, just as the porter was bro moving the wheel chair' We then went to the medical assessment 4 gave paperwork to a girl behind the counter who to is to wait in the ward on a chair instead of a bed. As 'no beds were available' we waited close to 2hrs my mum was in agony day on the chair. I went back to medical unit assessment reception told them my mums in agony with pneumonia she needs a bed asap. I was told again to wait. I saw a consultant walking towards me and told him 'my mums 76 she needs a bed asap'. He replied 'I'll go speak to someone for you' Eventually a health care worker came over snd said 'your GP sent you to the wrong ward. ..he should have sent you to ward 3 which is for elderly people'. I told my superior to send your mum to A&E and she over rode my decision, we are sending your mum to another ward and will find a bed for her' She got a wheelchair and took my mum to the other ward. ..where she was eventually a consultant came examined her too her blood pressure, heart rate and bloods and examined her chest. ..she said your mums got pneumonia I'll get her onto a bed asap. Eventually my mum was placed on the bed still in agony with her burning chest and difficulty in breathing, later she was placed on a drip for fluids as she look pale and very dehydrated. The next day I was told they had also given her antibiotics and the oxygen mask to loosen her lungs. I was told the bloods would be sent and looked at and a chest X-ray would be done the same night to determine what damaged if any happened to the lungs etc and the course of treatment. The next day I rang the hospital to enquire about my ma and was told 'she has a virul infection' when I got to the hospital the healthcare nurse dealing with my mum said 'it's not pneumonia but a viral infection.. .' I replied 'Our GP confirmed it as pneumonia' She replied 'it's a viral infection like people get it's common...' She said said we are waiting for her xrays which have been taken this morning (I was told the xrays would be taken last night!) She tells me 'your mums asking to go home, she's been walking independent...she'll be home today' I went to my mum and told her this is what the nurse is saying my mom said 'I never said I want to go home, why they sending me home I'm in agony. The nurse helped me get out of bed and helped me to the toilet' This healthcare worker kept denying my mum had pneumonia and it was just s viral infection. The way she came across was that she wanted my mom of of bed even though she was unconscious and in pain on the bed with pneumonia. They put the oxygen mask on her face again. Later in the evening I went back and the same healthcare nurse told me 'she's going home she had no pneumonia she's needs rest and to take her medicine at home. We asked for a wheel chair as my mom was not strong enough to walk ...the ward had become empty of healthcare workers who had disappeared too I asked a consultant who was passing through we need a wheelchair as my mum is being discharged. He rang the porters downstairs to ask for a wheel chair to be brought up. We waited 20 mins and nothing do I faked a nurse on the ward I need a wheelchair, she told me 'go to reception and find one yourself' I waited close to 30 mins and nothing do I faked another nurse who asked another nurse. My mom was sat on the bed still in agony. .. I went down to reception and the told the guy at reception 'I've been waiting for a wheelchair for over 40 mins'. He just looks at me and goes 'there's one behind you use that' I took the wheelchair to the ward gotynmum into it and took her home, The discharge letter confirms my mum has 'community related pneumonia' and the xrays showed some damaged or cackles in the lungs etc - complete opposite to what the healthcare assistant who was keen on my mum to leave kept sAying 'it's just a viral infection' My mum is 76 with pneumonia she's been sent home with medicines and antibiotics. She's ill and should never have been sent home until the pneumonia was cleared. What can I do to get justice with the horrendous way my mum has been treated and what action against the GP can I take and against the hospital? My mums health is important and I want justice even if it means taking the legal route and going to solicitors who deal in medical cases like these? Now everyone on the household is ill and coughing - my elderly father is coughing very badly and wheezing sometimes. The hospital and GP are to blame, why was my mum discharged if she at 76 still has pneumonia?
  5. My 97 year-old mother has just been discharged from hospital (after a fall) to a care home. She now wishes to return to her own home which is unsanitary, unsafe, structurally unsound (part of the roof has collapsed) and is in a state of terrible neglect. She is in full command of her faculties. She is self-paying at the care home. I have a power of attorney but it is not activated (or whatever the legal term is). If she returns home she will surely fall again or some other disaster will befall her. She has begun to twist the arm of a family friend to take her home (against all her family's wishes). Are there any legal means (or indeed non-legal, I don't mean illegal) means I can employ to prevent her return or at the very least delay her return? Any advice on this matter will be much appreciated. I acknowledge that this is probably only a quasi-legal post.
  6. Hi all, Just a bit of advice required my mother is getting letters and calls, most recent from PRA over my sons debt but he has not lived in the UK for over 2 years and lives in Riga, she has ignored the calls and returned the letters back to the collectors but some are failing to stop harrasing her. Even his credit report shows his address in Riga but they are still bugging a 75 year old woman who has none of the debts to her name. Any advice greatly appreciated
  7. Hello All A friend of ours mother passed away last year. She sent our friend for adoption when he was 9 months old. His mother then had a daughter, who was fostered out. After this, the mother moved to the USA and had 3 further children, which she raised herself. The family in the USA have distributed the cash and other belongings between them, however there is a mortgage free house in the USA, which the family want to dispose of. Would my friend, as the eldest child have a claim for a share of the house, despite being sent out for adoption many thanks in advance EOS-5D
  8. Acting on behalf of my mother, she like many others on here seem to have been caught with the Stemologica/Beutemer [problem]s going around. Just need some advice on how to best proceed. My mum in mid Nov saw a internet advert for free tesco vouchers £100 if she took up the free trial of this product. She insists that at no time was she made aware that she binding herself into any contract with them or that the she would if she didnt cancel and return the free products within 14 days. She has had two debits come out of her account before xmas. This has almost ruined xmas for her to the point that she hid it from the entire family and juggled money to get by over the xmas period without telling my father. I have found out as she confessed it to me in the past week. So now you now the back story, I am making it my personal mission that I get this money back for my mother. She is in her early 60's and the little savings she has I dont want to see being stolen from her. What is the best way for her and myself to proceed. She has cancelled the payments to the company (Card Payments, i assume) but is now 2 x £97 down. Is there a realistic chance of her getting this money back. Whilst my mum can be naive on the internet, she isnt when it comes to money and agreeing to contracts etc so i know she wouldnt have signed up to this willingly. I would be grateful for any help or any pointers in the right directions.
  9. I find this story quite amusing. The Mother has said she was made to feel like a rubbish mum - but instead of a quiet word of complaint to the Manager/Head office - she rushes off to the Newspaper ? Was the store right to ask the Mother and child to leave ?
  10. Hi, My father passed away 6 weeks ago, he has been divorced from my mum apporx 13 yrs, but did remarry. My mum has recently been pursuing a PPI claim on joint accounts / mortgages they had together. she received a letter today stating that the full PPI claim has already been paid out, almost £4000! which suggests that my dad has forged her signature to claim 100% of the share... ...She was only wanting her 50% Where will she stand on this as he has now died, but his now widow is still alive, and would have benefited from this? As you can imagine I am livid, but she does not want to take it any further to cause distress to the family..... ............ I think I may be acting in anger over this, and will get no where for her but I feel I must try something.
  11. The following is an extract of an article that appeared on SCOOP yesterday: Full story here: http://www.hulldailymail.co.uk/Hull-mother-chased-bailiffs-carving-knife-walks/story-28348975-detail/story.html#ixzz3uVapzLee
  12. I've got some tenants running some sort of Pregnant Mother assessement centre, basically subletting the property on a residential AST. A lot of pregnant mothers have visited the property. As well as several large families. A confused pregnant mom was seen on the property, & then rushed off to hospital a couple of hours later. I've tried contacting ofsted, & they dont seem to care the tenants dont have the correct permission of the landlord. Can I get an injunction on the tenants or some other legal action, without having to file a section 8? I'm concerned about damage to the property, as well as the safety of the heavily pregnant mothers, as our building insurance doesnt cover business use of the property. Not to mention our mortgage contract.qq I'm also trying to contact the correct authorities, I'm contacting ofsted again, but I have no idea who to contact about the illegal planning permission granted to them. Does anyone know who I should contact about the illegal planning permission granted to them? & if I can get an injunction on the tenants or some other legal action, without having to file a section 8? As theyre subletting illegally, not to mention illegally dealing with vulnerable members of the public. Also because of the large number of families damage to the property. I'm based in London btw ... Thanks!!!
  13. Couldn't find a suitable forum for this... unbelievable. http://www.bbc.co.uk/news/uk-england-berkshire-34412120
  14. She appealed to Smart with the same mitigating circumstance and they told her to pay. A complaint to the principle who hired the [problem] gets the charge cancelled.... http://www.itv.com/news/meridian/2015-09-23/mother-fined-70-because-she-stayed-in-asda-car-park-after-doing-her-shopping-to-breastfeed-baby-daughter/?ref=yfp
  15. Hello, I am brand new to this forum so please excuse my lack of knowledge. My mother is a pensioner who was missold PPI from Littlewoods on a credit card years ago. (Barclaycard?) She has no documentation for this currently. What I'd love to find out is 1) How do I make a claim/Who do I need to contact or address a letter to? 2) What proof/documentation would I need to do so? 3) Is the process very complicated, would I be better going through a company to do it for me or is the percentage they usually take too much? Sorry if I sound completely clueless, as indeed I am I'm afraid! Thank you so much in advance for any help.
  16. Hi, just want to say you guys do an amazing job with all the information and advise you give. To cut a long story short, my parents have a property portfolio of a few properties with Natwest bank on a commercial loan. Unfortunately in 2010 we lost my mum, Natwest have wanted to breakdown the contract due to my mothers death and want to increase the interest rate to a much higher rate almost making it impossible to make repayments. Our previous lawyer has managed to delay the case up until now, we havent signed the new contract as of yet, however natwest are pressurising us even more with threats to default our account. We have kept up with payments as stipulated in the initial contract. we have recently spoken to another solicitor (quite expensive lol) who has drafted two letters one to Natwest and one to Vince Cable MP out lining the situation as natwest have taken advantage of our tragic situation and made a business opportunity out of it. I appologise for some lack of informarion as my father was dealing with this but has been stressed and overwhelmed by the situation. I am trying to sort this out the best way possible and would appreciate any help and advise. I feel natwest have morally done wrong and taken advantage of the tragic loss of my mother.
  17. My mother is a pensioner her last years insurance direct debits for her house insurance were taken out of her bank account by a company called mypremiumcredit Her renewal came through 2 weeks ago and last week my mum received a letter from mypremiumcredit stating the company dont have her bank details on file in order to commence the direct debits for the new insurance cover (when she had cover the previous year with them already!) and if my mum does not pay within 2 weeks she will have to cough up the full amount which is almost £250 in one go!. They have also sent my mum a default letter - my mum is stressed out by the default when it is not even her own fault - she's never missed a direct debit with this company I rang the mypremiumcredit asking them why have they sent a default letter, the advisor said it their fault for not having my mums bank details on file, i replied the bank details have never changed, so why the default letter, the advisor said the default letter is a 'generic' letter thats sent out and it wont effect my mums credit rating - my mum is stressed out and worried - that the company even before her new renewal commences which is next week has alread received a default letter! What action can my mum take, where does she stand and can this complaint be pushed all the way to the Financial Ombusman?
  18. After obtaining probate to deal with my late mother’s estate I was contacted by the DWP in one of their standard fishing exercises re: benefit overpayments. This initial letter included the line “We will let you know whether or not we need to make further enquiries within 20 working days”. If only. Despite returning the form the next day I was chased for a response a month later. 2 days after that they confirmed receipt of my original response! Based on this my expectations of response time from DWP are poor. That was 2 months ago and I have heard nothing further. I have no desire to wake these sleeping dogs but as executor I would like to finalise and distribute the estate and would like to know if there is any legal limit to how long I can be forced to wait. I know that a Trustee Act notice in the London Gazette provides a time limit for creditors to come forward but in this case a letter notifying a potential debt has already been received prior to publication of a Notice. If this case got lost in the cracks would I be expected to hold the funds permanently in limbo awaiting a response or is there a limit? I haven’t been able to Google an answer so I thought I’d ask the experts! DR
  19. I'm posting this on behalf of my Mother who is looking for some advice. My Father has unfortunately recently died. He and my Mother separated about 20 years ago. A few years later they were granted a Decree Nisi but for various reasons never followed up to get a decree absolute. My Father has been living with his partner(aged 59) for about 19 years, but obviously they never married. My question is has my Mother(aged 68) any claim to my Father's private/state pension? She has her own small private pension and her own state pension. As I understand it, her state pension is based on the years she was in work i.e. not "claiming" the years she was married to my Father when she was a housewife and Mother and not in work. I would be most grateful for any advice you can offer. Many thanks.
  20. Hi, I’m giraffes and you may remember me from a post I made back in 2011, when my GPs wrongly took me off their patient list. I got nowhere, but spent over £600 in disbursements. Despite that, here I go again… This time my problem is similar to that of davey1309 (28th July 2014) whose brother hijacked his inheritance. My mother became mentally incapable due to dementia about 1998. My eldest brother (“EB”) obtained power of attorney to conduct Mam’s affairs. I have another older brother, “OB”. Mum died in January 2014, leaving no will. EB assumed responsibility for making her funeral arrangements, and did a bit of “tidying up” of her affairs. He did not apply for letters of administration because the value of the estate was (apparently) comparatively small. I told EB Mum did not want to be put in the same grave as her husband; our father (“Pop”), despite which, EB interred Mum’s remains there anyway. When EB sought the consent of OB and me to place a tombstone for Mum, I made my consent conditional upon his inscribing it additionally to mark Pop’s burial in the same place. EB abandoned the placing of any tombstone and later wrote me that I had withheld my consent to a tombstone for Mum. In addition, although OB and I had consented to his obtaining a transfer of a relatively small sum of money that he had said he would share out, he never mentioned it again and left it where it was. By August 2014, there was still no marker on the grave, so I wrote to the Probate Registry to ask if I could be granted letters of administration over the right to erect a tombstone and the aforesaid small sum to finance the project. The Probate Office’s arm’s length reply was very sniffy, so I took it to be a refusal, and applied for and was granted the administration of the whole of Mum’s estate. That obviously comes with responsibilities, which included answering to the Department for Work and Pensions (“DWP”) in the matter of the amounts, in life-changing proportions, that EB had already distributed to OB, me and himself. The DWP wanted to know where all that money came from. EB had merely told me it was “the residue of Mum’s unused pension”. The DWP told me that if I did not disclose where the money had been kept, they would treat it as if it had been fraudulently secreted, instead of being declared, whenever Mum had applied for means tested benefits. They would deem the estate in debt to them on that basis. They have since decided that is the case. In the meantime, I have written several times to EB but he has been extremely reluctant to cooperate in the supply of relevant information. In the course of that correspondence, EB has disclosed a number of assets, which, however, he had not mentioned in the preceding months. He had kept back a “contingency fund for unexpected debts”, but had written me he was sure nothing was left owing after he had “tidied up”. He had also retained a fund “for the tombstone”, but still had access to the small sum he had promised to distribute but had abandoned. He has now offered to transfer those funds - again of considerable proportions - into the administrator account I opened, but describes them as “the residue of Mum’s pension” - a description he is using for the second time. The accounting he cobbled together for this money is nonsensical, and bereft of a single original supporting document. While claiming it is a transfer of all the money left in the account, he refuses to turn over the pass book to me. At the very least, it is plain that when EB sent me money and stated it was “1/3 of Mum’s unused pension”, his subsequent words show that was not true. Finally, he has also revealed the existence of a life insurance policy, but he is keeping the policy documents. I have also made enquiries of third parties. My mother’s pension had been paid into a high end credit card account in EB’s name. EB was fairly frugal in his spending on Mum’s needs (she was “locked in” by her dementia), so over the past 16 years, he was in a position to invest and re-invest the balance remaining from the payment of her State Pension and Pension Credit. When I tried to obtain my mother’s credit report, I was asked questions for security purposes that centred on the identity of certain financial transactions including a newly taken-out mortgage. Naturally, I could not answer the questions so I could not obtain the report, but I am suspicious that these transactions have been made in her name. Can anybody please tell me, what are my powers as the estate administrator, can I take my brother to court on the basis of a suspicion that he is withholding estate assets from me and OB, what is the class of the action, and what is the law that applies?
  21. Here is a brief overview of the situation: A few years ago my mother, who was suffering with just severe anxiety/depression, took out a loan with Provident Personal Credit Limited. She was in receipt of just ESA (WRAG component). Just over a year ago she was at our house and burst into tears. I asked her what was wrong and discovered to my horror that Provident had been taking over £172 per month from her in repayment of a now £3000+ loan. It meant that she was paying over 50% of her fornightly income, before the deduction of gas, electric, food etcetera. This can't be right I thought as I have been informed in the past by Provident agents that they are not allowed to loan money to a person when they only have £30 per week left after deducting the above. So, I sent them a leter, along with a budget sheet and offer of repayment at £10 per month, which is all my mother could afford. They accepted it, after a bit of mssing around, and all was fine. August last year my mother had a stroke that has left her with many ongoing health problems, including post-stroke vascular dementia. Bear in mind that provident have been told not to phone or visit my mothe, and that all correspondance must be in writing. Well in July she received a phone call from some cretin at the local office who as far as she could recall wanted to discuss the repayment of her loan, which she is repaying. This made her very stressed as she could not understand what the cretin was on about. I phoned the local Provident office and enquired into who had contacted my mother and they completely denied that any contact had taken place. So I checked with BT and discovered that it was them who had called, and it was from that office that the call had been made. I then sent another leter of complaint. Their reply completely denies that they phoned her and stated that the debt will now be passed onto C. K. Edrupt & Co. On 02.08.13 my mother received two letters, headded 'Notice of Acting', from them and they are demanding full repayment of the loan by 09.08.13 or that she fill in another budget sheet. If she fails to do this then they will either commence court action or pass on the account to a DCA. Any advice?
  22. Hi All I really need some assistance on this matter. My mother in law is claiming money from me for a period that i lived with her 4 years ago. I lived with her for 4 months, i moved on and am still going through the divorce process with her son. She is claiming £4500 from me for expenses, food and travelling costs. She said there was a verbal agreement that i will pay her back and i can't remember ever agreeing on any amount. Does she have the right to do this? She said "dont worry you are family, i will look after you"
  23. Hope I'm on the correct page, my recently deceased mother took out finance for me to be able to get a car as I had an adverse credit rating, I would like to know what happens now as I have been paying it for 4 years, thanks for any advice, she also did the same with a static caravan I have been paying for 2 years, now my sibling is saying that she is entitled to half the caravan and the car as it will be getting paid out of mums estate, surely that can't be right . Please help.
  24. My father is now quite elderly and unwell. He has gambled heavily for many years and has run up large credit card debts. We don't know quite how large, but he has a number of cards and only pays off the minimum. He is still gambling and I don't think he will stop. My mother is very worried about what will happen should he pre-decease her. The house is in joint ownership and the mortgage has been paid off. We aren't really sure whether she would have to pay his credit card/gambling debts and whether the house would form part of his estate, or pass directly to her. We are wondering whether it would be sensible to try to put the house in her name only, should my father agree. A possible complication is that the bank appear to have lost the house deeds. I would be grateful for any authoritative advice. I've read a few forum threads here and elsewhere, but I'm still not at all clear what the legal position is. I know I'd certainly want to fight any judgement against my mother, because she has worked hard all her life and constantly saved to try to safeguard herself. Also I feel the credit card companies have acted irresponsibly, allowing my father to borrow more and more, when they must know very well that the borrowings are going straight to the bookmakers. Thank you.
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