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Found 160 results

  1. I am having an issue with a very slow moving solicitor who is the executor of my mother's estate. In an attempt to be proactive I have just been looking on the government probate search site (https://probatesearch.service.gov.uk/#wills) and on there it shows a Probate Number and a Date of Probate for her will. Does this mean that - the probate process is now concluded and the funds from her estate can now be distributed? - does it indicate that the process has been started and that the case has been assigned a number but that is it not yet completed? Thanks in advance for any guidance you can give.
  2. Hi All This is my first post as I'm currently having issues with Samsonite and a suitcase I bought. I bought a small cabin bag size suitcase from a genuine Samsonite outlet store in York during the Black Friday sales at the end of November. It cost £41 which I knew was really cheap for Samsonite as I already have a couple of their cases. I used the case for the first time during a trip to London in mid January, during which time the retractable handle broke while waking along a train platform (so much fun!). I took the case back to the Samsonite store where I purchased it, and was told it would have to be sent away for repair as it was more than 6 weeks since I bought it. I've since received a voicemail from the store advising that the case could not be repaired, and to visit them to discuss. I'd really like to know what my rights are before I travel to the store (which is 90mins from where I live, so I need to be prepared), as to what I can get as a replacement. I do not want store credit or my money back, as I know I won't be able to buy a replacement suitcase without putting a lot more money towards it. As far as I can see the suitcase wasn't fit for purpose, and I'd like a replacement at no cost to me, but is this what I'm entitled to? Any help would be much appreciated so I can be prepared to fight my corner. Thanks Claire
  3. Hi all Wondered if anyone could help or offer some advice as I am in quite a stressful situation at the moment and this forum has been very helpful in the past. I was recently involved in an accident on the 5th April 2017, I am technically at fault as I went into the rear of someone at around 15-20mph, put Pedestrians went to cross a zebra crossing and the car on approach slammed his brakes early in realization of this and that forced the car in front of me to slam his and I was unable to break in time leading me to go into the back of this vehicle. Aside from me asking if we can handle the incident privately he still decided to claim through insurance after agreeing with my verbally to handle it privately. My insurance (Insure Your Motor) has an excess of 3k, they will not ask me for whatever the estimation is below that and ask me to pay as I am at fault most likely... I am worried as I simply cannot afford any of these payments in my current situation and just wanted to find out what the following steps were. Do they get debt collectors to try and retrieve this... Is there any way feasibly right that I can somehow not have to pay such a ridiculous excess or is there any way I'd be able to get my way out of the debt collectors at a later stage? I had no other choice but to go with these insurers with 3k Compulsory excess as every other price at the time was above the £300 figure a month and this one was £247 monthly. Any help or advice would be appreciated Apologies for the essay Kind Regards
  4. Well, we are looking for help and advice regarding United Utilities, our water bill is now £1,121.27 and we have been struggling to pay, i have requested a payment card so we can start paying towards the bill, however today they sent letter demanding the full amount in 30 days if we don`t pay they will start court action. Over the last few months both our wages have been reduced over £400.00 month so in reals terms we cannot pay all our bills. They have attached income form so happy to fill in and return which clearly shows we just don`t have the income or funds to pay in full. I have spoken to the company and they told me the min monthly payment has to be £160.00 which we cannot pay so just not sure were to go now. Any advice would be helful
  5. I am a new user to this forum so I don't know if any one can help. I completed an I.V.A. and got the completion certificate in October 2016. I also have a letter of no interest in any P.P.I. or subsequent awards. If I claim for P.P.I. redress will I receive this or can it be used as set-off
  6. The driver has just received a letter from a solicitor regarding a traffic violation in Italy four years ago. All the information provided seems correct, i.e dates, type of car name and address of driver. At first we thought it was a [problem], this is now looking less likely but still possible. What is the best course of action? The requested amount is €300 from waters&gate
  7. i am writing on behalf of my wife. she was employed as a manager for just over 6 months, her employer phoned her up just under a week ago and told her they was terminating her contract as of immediate effect. This was done without any probation meetings and no meetings prior to raise any concerns. I don't want to go into much detail as at the moment she has just started by raising this problem with ACAS. The employer has since claimed via a letter a fictitious probation meeting took place AFTER the dismissal via phone call! This was probably done by them to distract from they acted unprofessional and possibly against employment law. She had disclosed all her health problems at the original job interview and recently was found to have some other problems arise during her employment. She has had time off because of her disclosed health problems but these have been for hospital appointments and she was told to put them in as sometimes sick and sometimes annual leave. Just before the phone call terminating her employment she had informed her Line manager she was going to the GP as she has been under a significant amount of stress with her job, within 10 minutes of notifying the line manage she received the call from the owner of the company terminating her contract. The doctor who assesses her gave her a fit for work note stated work related stress. i would like to point out that they are not going down the health route for sacking as that would be discrimination and they was made aware of that by my wife about 5 months into her employment after they was complaining about time off for appointments. She told her employers she was going to acas as she felt she had not been treated fairly to which the owner said they have a lot of businesses and have a lot of solicitors that they can seek advice from if she chooses to go down that route. anyway i went off course a little but i felt i needed to share a little info as a lead up to my question. As she has already seeking advice from acas under the new data protection rules would/should she make a SAR request to see exactly what info they have or wait until it goes to tribunal? is there a template for an SAR request with the new rules listed and also what can she ask for... also is it possible to ask for any emails, possible taped phone conversations although my wife was never told of any phone conversations that were being recorded, texts, correspondants etc which my wifes name is included in. any info would be greatly appreciated thank you
  8. I recently moved town nearly a year ago and joined a new doctors surgery. I was diagnosed with Celiac Disease by my previous doctor. I attended my new doctor for a problem with my skin and I told him it must be connected to my celiac problem. He said he doesn't have that on record which was odd and he did another blood test Assuring me I have not got celiac and can eat anything. instead transferred me to a demonologist. So did eat anything and my skin condition also went worse. I was told that 100 percent I have celiac and had been to specialist in hospital and they agreed in the town I lived previously. have gone back to gluten free diet and that’s improved my health I’m still waiting for the skin appointment which is this year. My point is once you have celiac you have it all your life you just goto stay gluten free. I presume the blood test came clear because I have been on the gluten free diet over a year I guess it’s right it wouldn’t show on new blood test I went back to doctors and said that he just ignored me and said wait for skin appointment. I don’t know what to do with the doctor who I believe has not done his job properly which has made my health worse.
  9. Hi folks, I've always paid my CT on time in the past. I recently went onto ESA and the DWP asked me if I'd like them to apply for Housing Benefit and CT benefit, I said yes. They did neither, I found out about this a month ago. The DWP then admitted they'd made a mistake and started paying my Housing Benefit but didn't pay the Council Tax Benefit. My post is sporadic at my home address and so I use a correspondence address that the council is aware of and has sent many things too. However the Council Tax department claim they don't have that and have been sending reminders to my actual address - needless to say, I've not received them. They've just issued a summons - the first I knew about this was when I got a text from them today telling me this! I've not physically received the summons yet. I don't want to pay the £102 summons fee. I've just applied online for CT benefit. I can probably just about to afford to pay the £450 that they are demanding (although it would be a huge blow if I have to pay if I have to). I can't make the court date as it is less than a week away. Advice please: Can I avoid paying the summons fee? If so how? Can I ask for the court date to be deferred so I can attend in person? Is there anything I can do to stop this action and then return to monthly payment? Any advice gratefully received.
  10. Good evening, I need some advice as I am having trouble with a charge back via PayPal for an item I sold back in early January. I sold an Samsung Galaxy S8+ in early January 2018 via Gumtree, I got an offer from a user (who's name on Gumtree did not match the one on his PayPal, this was an alias apparently) and we agreed to an offer so I sent him my PayPal details etc and he sent me his address. I sent the phone via Yodel 48 which was booked via Parcel2Go and it was delivered the next day with a signature, however, I got some very abusive emails from the buyer claiming I never sent the phone and that I was ripping him off when I simply asked him if the phone had arrived ok. A couple of days later I got an email from PayPal saying the buyer has submitted a charge back via his credit card company claiming the item never arrived and that my PayPal balance was now -£455. I sent in all the evidence to the PayPal charge back team, copies of everything including the signature Yodel got on delivery but tonight I got an email back saying the charge back has been decided in the buyers favour which I find baffling. I reported this to the Police a couple of weeks ago I sent them the same information, all the emails etc and they decided to investigate it, I was asked to fill out a form on Action Fraud to get a crime number, a couple of days later (Saturday just gone) I got a call from the investigatory officer saying they had interviewed the buyer and he still claimed that the phone never arrived and denied everything even though there is a signature (I can't see Yodel delivering to someone random). I was told by the officer that she had spoken to the forces fraud department, however, due to reasonable doubt they would not be able to take this any further, she said to me 'someone could have been sat on the side of the road waiting for the van and then signed for the item' which again I find baffling and I was advised to take it to a small claims court but if I can't get the support from PayPal and the Police, what chance do I have in the County Court? I have had the phone blocked but I am still down £455 plus a £14 charge back fee. Does any one have any advice for me, I could really do with some. Many thanks in advance.
  11. Hi everyone Just a quick check on something. Does a LBA have to include an offer or show of willingness to attend ADR? I'm owed money from a previous employer, I'm still in time for the CC but not the ET and I just want my money asap so I don't really want to be messing around talking, if the LBA is unsuccessful I want to go immediately to the CC and not to any third party that I have to pay a fee to with the chance I'd still have to go to the CC in the end anyway. It's a small track case, owed under £1000, evidence is in my favour so I don't need to negotiate I want the full amount either voluntarily or by force. Thanks
  12. Sent my appeal off with some brief details of why i was appealing , Had a Letter from DWP confirming that they received my appeal, and about how much ESA i will get until it's heard, But so far over 1mth since requesting the full written statement of the Atos wca Form IB /ESA85, But so far i have not been sent it, The person that i recently spoke with from DWP ,Confirmed that they could see that i had previously requested it, but could not understand why i had not yet received it, What can be done to force them to supply this info,(assuming it actually exists) ?
  13. Hi, I don't know if this is in the right section. My mum passed away in may and my brother is sorting out her affairs. She inherited her house from my Grandma and Granddad. We are trying to sell her house and the buyers solicitor has asked a very strange question. My grandma and granddad brought the house in 1940 and the house did not have a fitted bath at the time. My dad had just started a building business and installed the bathroom for them. The solicitor is now asking if they had permission to install the bathroom which of course we don't know. Is there any period of limitation regarding this or anything else we can do. Thanks JJ
  14. Hello All I need some help. We went to SCS on 26/12 and placed an order on a sofa. The total cost was around 6000 pounds and we decided to go on 4 year finance. We paid a deposit of around 500 pounds and signed all the paperwork and everything was good. The very next day, I was informed that my mom unfortunately was diagnosed with cancer. It is a devastating news for us. I am in the process of arranging everything for us and it is a lot in terms of finances for us. I decided to cancel the sofa as I need money now! I went to the store again and explained the whole situation to the sales person he said let me speak to the manager. He than came back saying that unfortunately there is nothing they can do. He said either you pay 1500 pounds (25%) of the contract or we can delay the sofa for 6 months, but apart from that they can't do anything. I never said anything and came back. Today, I went there again because I am desperate and would like to cancel it. I spoke to the manager directly and he was very unhelpful. He repeated the same thing. I said can I speak to the regional manager and he said no you can only deal with me. Is there anything I can do? The contract that we signed states that we cannot cancel the order. It was never mentioned when we were signing the contract. It is totally my fault that I never read it correctly. But I would really appreciate your help on this? Is there anything I can do to cancel the order? Many thanks
  15. Hi, I received a call earlier today from Lowell group in regards to an old o2 debt around £900.00 in total. I disputed the debt was then told the court had proved in 2013 I owe the debt which Lowell group purchased from o2. I told Lowell I would not be paying a penny I asked that all future correspondence is stopped, Lowell said my mobile phone calls will stop I will Start receiving letters as I am responsible for the debt I told him not to make any contact at all but Lowell did not listen he said a ccj was given against me and it was proved in court in 2013 I need to pay the debt. After a long chat I decided to telephone o2 and ask for any previous accounts that may have ended up in arrears. After a thorough check with my details and address the o2 representive said I have no outstanding debts on previous accounts and nothing is showing up as being sold to a debt collection company. I was advised to ignore Lowell group I wanted the o2 rep to do one more final check which showed up a business pay monthly account in arrears. Which matched my first and last name I have never held a business pay monthly with any mobile provider the o2 rep said not to worry it could be someone has used my details or they are mistaking me for somebody with same date of birth and name but as far as the o2 rep was concerned I do not owe o2 any money and no account in my name is showing up in arrears besides the business account I was told to ignore the debt collector's Lowell group. I wanted to ask should I ignore as advised or can I take some action which will get Lowell group of my case? I apologise if I've posted in the wrong section. I also have recorded both calls. Thanks in advance to any help and advice received I appreciate it.
  16. Having so many Pay day loans (different thread already) and gambling I took stupidly on the same time unsecured Loan – contract with TM ADVANCES LTD. The interest its huge but when you are gambling you don’t think about now I need a help. They didn’t ask for Bank statement and I can see searches on my Credit file so was very clear how much debt I had already but I am not expecting that this one will be easy
  17. Hi there, I am to appear in court for the housing benefit fraud charges. I claimed housing benefits back in October 2014 while i was working part time. i became full-time university student in September 2014. when i made claim for housing benefits online, I mentioned that i am not full-time student. then benefits started and I ended my part-time job. Housing Benefits never stopped until july 2016 when i was interviewed under caution for benefit fraud. total amount for the housing benefits came up to around £4800. I have completed my degree in may 2017 now i am looking for graduate role. I am very scared and depressed knowing that i had committed fraud. If I plead guilty would I be sent to prison?
  18. Hi Guys, Just checking something out and was looking for clarification. On my Equifax report, it states that an overdraft I had with HBOS. First late date payment was July 2011, then subsequent months late and then shows as defaulted in January 2012. I'm assuming as it shows, this means no payment since June 2011. The debt appears to have then been sold to Arrow Global as they have listed the default on Equifax in January 2012. I have never once communicated with Arrow Global on this. I obviously haven't made any payments to HBOS regarding this. Today I received a letter from shoosmiths asking for payment or even a partial payment to clear the entire amount in full and final settlement. It looks like to me they are clutching at straws and this will become statute barred as of June 2017. Can you confirm if I am correct? Thanks
  19. Another of my daughters court cases. This time for a ee mobile telecoms debt. I will post up the poc later but in the meantime I have never had any involvement with a telecoms debt can you send a cpr31:14 or is there another way of obtaining information from the solicitors and the original debt holder ( EE ). Sleepingdog
  20. Hello, could someone please offer some advice. I received a ccj claim from the ncbc for a claim from Restons solicitors on behalf of their client capquest. I do not recall the debt what so ever. allegedly a catalogue. so i acknowledged the claim in order to give me time to file a defense. I sent restons a request for documents that they mentioned in the particualrs of the claim under cpr 31.14. first one got lost so sent another, they received this on 18/07/17 I asked that the request was carried out within 7 days. this has now passed also sent a cca request to capquest, to date still nothing received. as they haven't replied to my request where do I stand filing a defense when when i cant even see the documents they intend to rely on, its absurd in my opinion. obviously the clock is ticking as i filed the acknowledgement on 11/07/17. as im new to this any advice would be appreciated
  21. Hello, I've been over the HMRC guidance and related sites lots of times but still unsure. Apparently nowadays you can show 'exceptional and relevant' reasons for late Appeals (Mandatory Reconsiderations) - examples given are being in hospital or out of the country. The longer it goes on, the better the reason needs to be. What about when the person was around but they have chronic language/cultural barriers that led to a delay, combined with the fact that the HMRC Compliance Office phone was and is apparently set to permanently engaged (not sure if the notorious Concentrix). The person did send a letter a little past the 30 days deadline but the Compliance Office decided it didn't have quite the exact required wording to trigger a Mandatory Reconsideration, so they simply ignored it. There's then been several further months of inaction until now. Alternatively, 'Official Error' review can be requested for a long time afterwards. But can anyone explain what counts in laymans terms? In this case it would be the Compliance Office phone number never answering (acknowledged as a 'recurring issue' by an HMRC official); the stated reason for the original query appears invalid (their own website specifically says child benefit cannot be considered in deciding main responsibility - at least if there's a dispute which there wasn't here); a decision to remove a child without specific evidence (only lack of reply to a confirmation question - this strategy has been criticised in tribunals before); not contacting the other responsible parent (logically one had to be responsible if the other wasn't according to them). Thanks in advance for anything.
  22. Hi All, To provide a bit of a backstory: the company where I work has made no significant pay awards (beyond inflation) for around 8 years and for the last two years nothing whatsoever (not even inflation). After a bit of calculation my wages are now below what they were in 2008 when adjusted for inflation despite now performing a significantly more senior role. I have found something which could be performed one day a week which could significantly supplement my income and to this end put in a request to cut my working week to 4 days (not working for the company on a Friday i.e. doing my own thing). To be clear I have offered significant mitigation: pro-rata reduction in holiday, being available on the phone on a Friday where possible, possibility of coming in to the company on a Friday if they're desperate and fits in with me and the option for either party to cancel the agreement after 3 months trial period. Needless to say this request has been refused. The letter contains the statement "You requested a reduction to your working hours without an corresponding reduction in your salary" As I understand it this is not a statutory or material consideration. The letter then goes on to state that they have "considered my flexible working request against each of the statutory grounds....... The reason for this refusal is that to grant the request would impose an unreasonable burden of additional costs for the business. We consider your position to be full time and we would have to cover your absence with additional resource at extra cost to the company". When my manager presented me the letter I put it to him that the reality is they would never cover my absence on the Friday with someone else as there is (a) no one else in the company who can do my job (b) the business would not employ an outside contractor for one day per week. My manager basically agreed with me and said "you're probably right" My question is (a) have the company provided evidence to reject under the statutory reason of burden of additional costs, (b) Does the statement "You requested a reduction to your working hours without an corresponding reduction in your salary" hold any validity or rather does it invalidate their reasonaing as it could be construed that they would have accepted has I offered a salary reduction. Thanks in advance. PS. For clarity I am a man and the request had nothing to do with looking after children
  23. Posted on behalf of a family friend who is employed as a wagon driver and normally receives a monthly bonus of £500 which is due this Friday. He has been handed a letter today which he was told he had to sign to continue receiving the bonus. The letter contains conditions which he feels are unreasonable and he feels are an attempt to avoid having to pay the bonus. These conditions include: The vehicle must be in immaculate condition inside and out at all times. (The role includes delivering blocks and concrete to building sites.) Your attendance during the month must be 100%. Managers discretion may be used for genuine sickness, otherwise phoning in sick for work will result in loss of bonus for the month. You will have a flexible attitude to work to suit the needs of the business. Any incidents of not carrying out your duties as requested will result in forfeiture of monthly bonus. In the event of you giving notice to leave your employment with the company your monthly bonus will be forfeited. Can his bonus be stopped if he doesn't sign the letter and can the company impose the new conditions legally? Any advice would be appreciated.
  24. Hi everyone, please be patient with me as i am new on this site. My partner divorced his ex wife a couple of years ago and it cost him over £1000 but at the time did not have more money to be able to resolve the financial side of things ie selling the property and a clean break order, so we spoke to a solicitor a couple weeks ago and she said that it can cost him between 3 and 5 thousand pounds to go back to court to sort out the financial side of things. we can't afford this kind of money as we dont have any savings etc, so we are going to attempt to do this ourselfs, the story is as follows and thankyou in advance for any help offered on here as we dont have a clue on what we are doing:-D... As mentioned he divorced her, she lived in the mortgage free property as they paid the mortgage off before he left her due to her drinking, her abusive and unresonable behaviour 8+years ago, he also did alterations and extension to the property before he left, they have a son together that also lived in the property with his ex wife up until over a year ago when she kicked out her 17yr old son and tried to get him done through the police for actual or grivious bodily harm, the police took the minor to court and she was basically laughed out of court by everyone as her allegations were unfounded and it turned out that she had smacked him and he tried moving her of him when she struck him but because she was severely drunk she fell and hurt herself, the child then went to live with my partner at the grandparents house, she has been harrassing with callls and messages for a number of months now wich has been reported to the police in the past and she got a telling off from them but she keeps doing it, anyway we just want her completely out of our lives now and my partner wants to sell the property that she is in still so that he can secure a home for himself and his son who is now 18yrs old . I went to the courts today and they gave me a CPR Part 8 claim for to fill in. My questions are: 1. Is this the correct form? 2. Are there any templates that i could follow to fill it in as there is not much space where it says details of claim. 3. The deeds of the property shows them as joint tenants and he is entitled to half of the house in theory, so how quickly and likely is it that he will get a house sale order? 4. We know that if the judge agrees to him having the property sold so he can receive his share we know that she will try to put prospective buyers off, so can something be added by the judge stipulating that she is not allowed to put prospective buyers off and can he be there when people go to view the property?. 5. Can we send a estate agent round to value the house as we dont have a clue how much its worth so we can add this to the claim. 6. We were also told that after this he has to apply for a clean break order so that she wont be entitled to any of his finances, pensions etc, any ideas on how we go about doing this? Any advice will be very welcomed as we cant carry on with this situation any longer she is making our lives a misery, we have even offered her mediation so that they can come to some form of agreement to sell the house but she point blank refused as in her eyes its her house and he is not entitled to any share of it!!!
  25. Hi, I'm just wanting a little advice please. I could have the opportunity of a part time job of 10 hrs per week which is over 5 nights which is 2 hrs and the wage would be £72 per week but paid monthly. Now my partner claims ESA for both of us as he is unable to work.. we receive £115 a week ESA and Carers Allowance of £62 per week which I receive to care for my partner. my partner also receives £450 month DLA. we receive housing benefit of £89 per week but that is paid direct to council. Now would I be better with the part time job or would we lose some of the money. would we have to pay rent/council tax etc. all I was told is that we would lose £30 ESA per week but not sure if we'd have to pay rent and more council tax. Thank you in advance.
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