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    • 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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    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
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Cancelled PayPal transaction and overdrawn charges


lukechris
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Will move your thread into the forum these issues are usually found in.

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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You seem to be confusing two separate issues.

 

The refund of a Payal payment is the return of the payment to a person who paid, which is thus in effect a second payment, in the opposite direction, not a cancellation of the original transfer of money. Paypal payments move from one account to another by way of a direct bank transfer. A cheque is nothing more or less than an order to transfer money, which is to say that it is one thing to cancel a cheque before the transfer is processed, quite another once it happens. There is no way to cancel a bank transfer after the money moves from one account to another, as if to rewrite the history of it.

 

Ergo, albeit that Paypal refunds the Paypal payment fee when a refund is granted, you could still be in trouble with your bank because an account was overdrawn in the mean time, if only for a few moments, because the system would be automated to that effect.

 

The best bet is to get back to your bank, on bended knees, to beg for mercy. There is no case to be made against Paypal, according to the present account of the incident. You made the payment.

 

:(

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Ok I know what you are saying, but however, I made they payment, and cancelled instantly. Now if it didn't say "If a refund is requested within a few hours of the transaction, then no funds will be deducted from your bank account" on the PP website then fair enough, but it does say that. it was cancelled by myself within 5 mins

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While the management of Paypal is notoriously not the most competent to be encountered on Planet earth, it seems to me that "will be deducted from your bank account" implies that this would happen if the payment was not yet effected, and because it was not yet effected.

 

Otherwise, it would seem that the advice from Paypal is out of date, and as with so much that is done by eBay and Paypal, overly affected by what happens on the other side of the Atlantic.

 

There was a time when it took a while to effect a bank transfer, the banks would drag their feet for as long as three days or more, but this has since been speeded up, within the European Union. Nowadays it is all but instant.

 

:cool:

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No no, you missed some out, it's not:

"will be deducted from your bank account", its

"then no funds will be deducted from your bank account"

 

I think we have the rights to the overdrawn charges, and if it is out of date then its their faulr, right?

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All I am doing is distinguishing between the past tense, the present tense and the future tense.

 

If the fact of the matter is that funds were already deducted from your bank account, no funds will be deducted from your bank account is exactly what happened when the request to cancel the cheque was made, if that is what you did, which is not at all so clear because you refer to a cancellation and a refund, which are different issues. If a cheque is cancelled the inference of that is that there is nothing to refund because the cheque was never cashed.

 

Otherwise you seem to be assuming that Paypal ignored a request to cancel an e-cheque, which may or may not be true, but I fail to see the proof of it and I don't know why they would ignore the request.

 

Anyway, whatever the fact of the matter what comes across loud and clear is your own reluctance to accept a responsibility for your own mistake. If the bank reckons in effect that 55 percent of it was their fault and 45 percent of it was yours, that would seem to be more than fair, if the fact of the matter is that the bank did nothing but exactly what they were instructed to do, and the same goes for Paypal.

 

None the less, for the record, to what extent to do you intend to accept the responsibility for your own mistake? Does that factor in at all or is everything always the fault of everybody else?

 

:rolleyes:

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Perplexity, I think you've mis-understood the point here - or at least you have understood it differently to me.

 

As I see it, the OP is saying this:

 

PayPal's website states that if you cancel a payment within a few hours of making this payment then then no bank transfer will occur.

 

The OP cancelled the payment within five minutes yet the bank transfer did occur, contradicting PayPal's own declaration of terms of service.

 

In a nutshell, PayPal advertised some terms of service and then failed to adhere to them. I would say that this constitutes a breach of contract. In this case, this breach of contract has incurred the OP costs and I personally would have thought that this entitles the OP to compensation to cover these costs.

 

However, where it potentially gets complicated is that the PayPal stated terms say that a "cancelled payment" if cancelled within a few hours will not be processed. This kind of implies that the sender of the payment must take the action. PayPal do not actually allow the sender to cancel the payment - it is the recipient that must reject the payment instead. In effect, even though the OP is both the sender and recipient in this case, it was still the recipient who rejected the payment.

 

So, if PayPal claim to provide a term of service yet then provide no means to actually implement it correctly, can they rightly claim that they are not responsible for any costs incurred for not providing this stated service (because it wasn't carried out correctly)?

 

On a separate note, I don't think your attitude, Perplexity, of just telling the OP they must take responsibility for the whole affair is particularly helpful or appropriate for a forum of this kind. To me that is akin to going to the bank charges forum and telling people that it's their fault they incurred the fees and so should do nothing to claim them back. What is the point?

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LukeChris, emailing PayPal is pointless - you simply get a stock email or a non-considered response.

 

You really need to call them and speak to someone. You can call them on 020 8605 3000, opt 1. This is actually Ebay's number but option 1 takes you straight to PayPal. It means you don't have to call them on the 0870 number.

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:eek:

 

A refund of a Paypal payment is not the cancellation of an e-cheque.

Which part of that is hard to get?

 

The advice from Paypal, to be seen here, is perfectly clear about the difference:

 

https://www.paypal-marketing.co.uk/guides/echeques/

 

Ergo, while the OP does indeed seem to be saying that PayPal's website states that if you cancel a payment within a few hours of making this payment then then no bank transfer will occur, that is simply not what Paypal's website states, as a matter of fact.

 

Specifically, the OP admits that he "took all the steps to cancel", N.B. "cancel", which was never going to work for as long as what he should have done was take all the steps to refund, N.B. "refund", which is astounding in view of his own account, according to which what Paypal actually say is that

 

""If a refund is requested within a few hours of the transaction, then no funds will be deducted from your bank account."

 

I surmise that what probably happened was that the request to "refund", or "cancel" (whichever) was sent in the name of the person who paid, so it is not then so much of a surprise if it failed to work.

 

Otherwise, Paypal is perfectly clear about it: "However, if we have already started processing the payment then funds will be deducted....", which is to point out that if this is what happened there is nothing whatsoever to be said against Paypal.

 

The entirety of the argument rests on the assumption that Paypal did not immediately send the request to the bank, but is it true? Why would it be true, if the system is automatic?

 

I see no reason why Paypal should not have sent the request immediately, and if they did, there is no reason to anything else but applaud their efficiency, and the same goes for the bank.

 

You are trying to blame them for running a swift service, which is ludicrous!

 

:rolleyes:

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