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    • Today , after a lotof years i recieved a letter from this lot. Very friendly, "Were writing to remind you that we havent had any contact from you in a while".  The velvet fist, followed by  a veiled threat to get their preferred debt collectors involved. Yep dead right. In 1992/3 I took out a Student load under duress from DHSS. uP TO 2000 I hadsucessfully gotten deferment on low income. But rarther thansign on as unemployed,I decided to be self employed. I applied and they asked for all sorts of documents. I obliged and then correspondance ceased from them, circa 2001. To date  I have had no correspondance from Student Loans. I was made  redundant in 2009 and  reached 65 in 2012 , at which age the loan should have been cancelled. Now ,today, 12 years on retirement and 11 ( at least years after last contact) I get a letter with veiled threats. Do I , as I smell a scam a) ignore it and hope that Erudio will think that this phishing attempt has failed or b) respond with a statute barred letter or c) remind them of legal terms that loan should be cancelled 12 years ago or d) combination of b) +c)      
    • But I'm not mixing and matching. Sure, when researching I do check multiple avenues, but when speaking, I will open a single post. The Fb post was made in March, it is now June, time has passed, and when the suggestion was made, no further information was given on how I should progress beyond "send a letter", which has meant that I've needed to start another stream - this one, but only after taking the time to research first.
    • hes not turning you away he is simply saying that you should stick to one channel of advice. he is perfectly happy with that channel being this forum, and he will help you   all he is saying, and I agree, is that you should stick to one help channel, not mix and match 3/4
    • As long as we are clear . Do the reading and post your letter of claim in draft form as requested and we can go from there.    
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Another Probate/mortgage querie?!!


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Hi all, great site! hope someone will be able to help! My dear friend died without a will. I have letters of administration now. His house is still mortgaged and i know it will go to his son who is a minor. Can I change the name to the child? or do I have to use my name as I am guardian? The mortgage was also very badly chosen, can I change it to another cheaper mortgage? (its been kept for the son to decide in the future what to do) meanwhile it will be rented out to pay for the mortgage. Many thanks in advance.:|

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If there is no Will then how do you know you are the appointed guardian? Financial matters are the responsibility of the executor and in this case as the person died intestate the Public Guardian will make the appointment.

 

Once a trustee is appointed then he will have the same powers of investment as the deceased as though they were still alive and switch the mortgage. Contact the Public Guardian: http://www.publicguardian.gov.uk/

 

If you need more help or free advice then send me a PM. Once you are appointed executor trustee and have grant of probate then you will need to distribute the deceased estate under the law of intestacy.

 

 

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Yes, but that's down to the executor to deal with. The OP needs to be appointed first and that's done by the Public Guardian Office where the deceased didn't make a Will.

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Hi, I have been appointed with letters of administration. Its quite a wierd situation really as I am trying to think very fairly. The mortgage was paid off with insurance but he had just got an extention on his mortgage-which wasn't insured!! Litterally a few months before he died, so the outstanding is owing but for such a small amount the payments are rediculous! Thanks for the help, will PM you with details.

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Be wary of giving or receiving advice via PM. If the info is wrong, you will not know until the day that you lose your claim.

 

If the advice is given in the forum then, if it's wrong, another user will be able to point that out.

 

Regards, Rooster-UK.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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  • 2 weeks later...

hi all, this is tough. since found out a solicitor has been appointed to deal with everything- but refuses to talk to us as says is working for his partner at the time!!! Friend lived with partner and kids (not his)and is still living there until things are sorted. Shouldnt this solicitor be working alongside the appointed? There is something fishy here and I dont know what to do!!!!I have contacted the mortgage company and requested all mail to be sent to me now but other accident claim monies is being dealt with by partner and this solicitor! I cannot afford my own solicitor, what on earth can I do!! Thanks.

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Appointed by whom who's partner is solicitor working for. Do they know you have letters of administration

 

As the court appointed administrator the solicitor cannot ignore you & if they do it's at their peril.

 

If you want people & organisations to deal with you direct best thing to do is write explaining who you are enclosing a copy of your letters of administration then they will be forced to conduct all further correspondence/negotiation direct with you

 

Also if it's found the solicitor has acted without the appropriate authority they could find themselves in very deep doo doo.

 

1st with those involved in winding up the estate, banks etc as the solicitor will probably have given a binding undertaking that he/she was empowered to act when they are not & 2nd with the Law Society as giving a false undertaking even without knowing is a very,very serious breach of the rules as it undermines the whole fabric of the administration of the law

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Hi, thanks for the reply. Initially, we all have a very good relationship with the partner so, letters of administration was granted to myself and the partner on one document. We morally decided that things would be split fairly-knowing that next of kin was 2 minors. The minors wanted partner and kids to stay in the home until they have no need anymore. Now have discovered the solicitor appointed by accident insurers are working soley with the partner to gain full rights to owning the property and any money which may come through! The appointed solicitor will not speak to me. Is this legal? I have had no correspondence what so ever and am unable to find out whats going on! Partner is very vague....

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ps. partner being -friend who was killed in an accident had partner and kids (from their previous relationships) for 17 months. thanks! (sorry for being so vague-worried!)

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