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    • Banks have different limits above which they require Probate. So it may be Probate is not needed, although as he died with no Will that could complicate things. Is all the £28k with Virgin Money? Your wife should contact all banks who hold his money with the death certificate and ask them what they need to release the funds to her. Most banks have a central "bereavement department". Check their websites. Use that department rather than general call centre or bank branch if they have one. Nearly every bank website has a section on "what to do when a customer dies" so have a search for that. Your wife may also have to provide evidence that she is his daughter. When his wife died it sounds like they had a joint bank account so that's why her money just went across to him. But as it isn't a joint account now transfer to your wife won't be quite that simple.  
    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
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    • 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.

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      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
        • Like

Gizmo111 V Citicards**PAID AFTER BALIFFS VISIT**


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You can claim for contractual interest, though the majority of us have claimed for 8%.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Steve, can i claim my interest from them and then the 8% on top afterwards?

 

Shovey you either claim contractual interest or s69. What have you actually asked for in your prelim and LBA?

I seem to recall you started your own thread - it would be easier if you posted on there so we can keep up with your story in one place.

Consumer Health Forums - where you can discuss any health or relationship matters.

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  • 1 month later...

Hey Gizmo111,

 

Just wanted to wish you luck !!!

I am currently also taking citi to court. Handed in my small claim on 25/01/07

 

Hondamad,

__________________

EGG CC Default Removal: Have reported Egg to Trading Standards, Summery Claim - 2nd Hearing Date 09/10/07. Click here to read posts

Monument CC: received statements, now need to send letters. . . !

BoS Current Account: Settled

Citi Cards: Hhmm seems like I have sued the wrong “entity”. Aaaaahhhhh . . .. oh well back to court I go, and they have settled in full!!!

 

:-D:p:D

This is just advice from me. If you are not sure please seek legal advice. However if what I have said has been helpful, than please add to my reputation by clicking on the scales :D

 

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Hey Gizmo111,

 

Just wanted to wish you luck !!!

I am currently also taking citi to court. Handed in my small claim on 25/01/07

 

Hondamad,

 

Thanks Honda,

 

Court hearing is 22/02.:)

Consumer Health Forums - where you can discuss any health or relationship matters.

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Gonna be there for moral support, and driving duties if need be.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Thanks Honda,

 

Court hearing is 22/02.:)

 

 

Wonder if Brian will come to you, me or EmpireStrikesBack on the 22nd??!! Busy day for Citicards if they still don't want to settle beforehand!

Abbey - Claim 1

full hearing 22 Feb 07 - Settled in full £710 :D

Abbey (Claim 2)

full hearing 22 Feb 07- Settled in full £4000 :D

Abbey (Claim 3)

Court date 27 June -

Capital One (claim 1)

£467 Settled in full 20 Sep :D

Capital One (claim 2)

£72 refunded 19 Aug :-D

Associates (Citicards)

claim 8 Aug/judgment by default 30 Aug/set aside hearing 9 Oct/Stay denied, ordered by Judge to reveal breakdown of charges andfull hearing 24 May/FULL DISCLOSURE ORDERED BY 8 MARCH/JUDGE TO STRIKE OUT DEFENCE AS NON-COMPLIANCE/DEFENCE STRUCK OUT PAYMENT IN FULL REQUIRED IN 14 DAYS

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Wonder if Brian will come to you, me or EmpireStrikesBack on the 22nd??!! Busy day for Citicards if they still don't want to settle beforehand!

 

Be an interesting day - have to share phone no's beforehand.

Consumer Health Forums - where you can discuss any health or relationship matters.

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Good luck on 22nd Gizmo.....I'll be keeping an eye on this one:D

Citi Cards

- S.A.R sent 29/01/07

- Statements received 08/03/07

- First Request sent 12/03/07

- LBA Sent 21/3/07

 

Bank of Scotland

- S.A.R. sent 27/02/07

- Request for Payment sent 14/05/2007

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Hi there, im fairly new to all this but i am currently taking HSBC to court for around £1500 but i am very wary of doing the same with Citi cards as i have read that they are actually contesting the claims?! i have sent the usual 2 letters before court action asking/demanding they pay me the £763 that they have charged me (including 8% interest). I have recieved a letter from a Mark Clibbens saying that "it may take between three and six weeks as they (statements) are retrieved from our archives" blah,blah and that he will confirm in writing the outcome, so what i want to know is do i to to moneyclaim online? Please,please can you/anyone help or advise me? Many thanks-Craig

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Yes it's definately worth continuing your claim against Citi Cards.

 

There current policy once you begin a claim against them is normally to refund the difference between higher charges and £12.

 

Of course if you nolonger have an account with them, you can refuse to accept the cheque. My personal believe is that the refunds are being made to make Citi look reasonable in the eyes of the court, and not necessarily for your benefit.

 

They are contesting all claims at present, however I would urge you to follow through the entire process. AS IT'S CITI WHO HAVE BEEN COMMITTING UNLAWFUL ACTS AND NOT YOU!!!!!!!

 

Court might seem a daunting prospect but the small claims court is in an informal setting, and as long as you prepare thorough enough you should have no problems in attending. There are lots of people here with the knowledge here to help you.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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My claim against citi had £900 debt which was all charges (and more) and they refunded the difference between charge and £12 and sent it to Cabot (dca) as they had sold the debt. Couldn't fathom that one out..

 

Hi ANdrew and what did you do after that - did you persue the balance - is this still ongoing?

Consumer Health Forums - where you can discuss any health or relationship matters.

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Hi Andrew,

 

Also, if they have (I'd check with the DCA) I'd still persue the full amount from City as they have no right for "set off" as citi do not own the dca therefore can't transfer funds from one account to another.

 

Check with the FSA website or google "Set Off" for more info.

 

 

Cheers

 

 

Pj41

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  • 3 weeks later...
Good luck on Thursday, Gizmo.

 

Watching closely!:)

 

Elsinore

 

I'll let you know outcome Thurs night - If I am too drunk on champagne thne Enron who is kindly supporting me in court will let you know.;)

Consumer Health Forums - where you can discuss any health or relationship matters.

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I'll likely be back in the afternoon and will let people know what happens.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Good luck Gizmo.....fingers crossed for you!!

Citi Cards

- S.A.R sent 29/01/07

- Statements received 08/03/07

- First Request sent 12/03/07

- LBA Sent 21/3/07

 

Bank of Scotland

- S.A.R. sent 27/02/07

- Request for Payment sent 14/05/2007

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Just got back and must admit it was a very interesting process.

 

The judge has orderred full disclosure. A fact that Citi will be aware of through their solicitor.

 

Aside from that Gizmo1111 will update you later on once she has finished work this afternoon.

Advice offered by ENRON is without prejudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt.

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Probably stupid question but what does Full Disclosure mean?

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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Basically means exactly as it says.

The Judge has ordered Citi to disclose full details of their charging regime and that means their actual costs.

 

Come on Giz...where are you ??????:rolleyes:

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks Martin!

 

Do you think this have any effect on my court date against them in 13 days?

------------------------------------------------

barclays - £2369 - 07/08 LBA letter sent, offered part payment, of £1000, 21/09 MCOL raised

cahoot - £400 - refused refund, LBA sent

marbles - £690 - settled in full!!!!!

citicard - £800 - LBA sent, offered part payment of £372

captial one - £700 - LBA sent, offered part payment of £256

mbna - estimated £1500 - awaiting response to Data Protection Act letter. still not received full set of statements so sent letter of complaint - awaiting response

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