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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.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • 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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Origional post is here;

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/260098-jbw-removed-my-car.html

 

 

WEll, i have just today found out the 2nd stat dec was sucessful. Southwark told me they had informed JBW of my stat dec on 20/05/10. then said i have to call JBW re my car:rolleyes: I call JBW to find out the status of my car , who inform me they returned my car back to me on 08/06/10 :eek::eek::eek::eek::eek::eek:.

 

When i tell them that no such action took place (like I'd be calling them if i had my car) there was lots of uming and ahhing then they put me on hold for a long while, then tell me they cant find the person who dealt with my case and i should try calling back in the morning.

 

As a percaution, i rang trace, who said my car has not been noted to them by any party from 08/06/10 onwards.

 

Are JBW into organised crime?

 

I'll know a lot more in the morning.

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JBW dont know their arse from their elbow 99.9% of the time. This company seriously needs to be pulled into touch, failing that, shut down permanently. Its a cowboy set up with cowboys running it.

Good luck with this I am watching with baited breath.

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OK, JBW say they returned my car to my old address, (the one on the warrant:rolleyes:), as per request of southwark.

 

their advice was go a check if its there. if it isnt, put a complaint in writing.

so if your cars not there, tough is what they are saying. who are you going to complain too? and in the meantime your stuck without a car.

'Dude wheres your car' sorry just had to.:cool:

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'Dude wheres your car' .:cool:

 

 

I try to keep my posts as brief as possible, HOWEVER, I ACTUALLY said 'but dude, wheres my car?':lol: twice during the conversation! Southwark told me they did NOT instruct JBW to return the car to the addy on the warrant. I have reported my car as stolen to the police, with the last known whereabouts as with JBW and recieved a crime number.

 

I know it will be a long process, but I'm positive I'll be getting a large payout, as I use my car for my business and I've had to cease trading because of all this.

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was it at the address where they said it was though?? oh dude I cant actually believe you said but 'dude wheres my car' I wouldnt of been able to hold it in. I know its serious but dude wheres your car. what did the police say.

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I am not sure but mr waller the chairman of the jbw group will be at medway county court on the 12th july 2010. I have only heard this off the grapevine.

 

who is sueing him this time?

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He is always being sued. Correction jbw are always being sued. They get away with it then when they try and sue they loose big time. I dont know what the case is but guessing it would be something to do with pcns etc.

So whats cooking today ?

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He is always being sued. Correction jbw are always being sued. They get away with it then when they try and sue they loose big time. I dont know what the case is but guessing it would be something to do with pcns etc.

 

I suggest that anybody who has a problem with jbw turn up as they can then meet the chairman himself and also their legal advisor. Whoever that may be at the moment.

 

In case you think my spelling is wrong. it is'nt.

waller.jpg

So whats cooking today ?

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I try to keep my posts as brief as possible, HOWEVER, I ACTUALLY said 'but dude, wheres my car?':lol: twice during the conversation! Southwark told me they did NOT instruct JBW to return the car to the addy on the warrant. I have reported my car as stolen to the police, with the last known whereabouts as with JBW and recieved a crime number.

 

I know it will be a long process, but I'm positive I'll be getting a large payout, as I use my car for my business and I've had to cease trading because of all this.

 

Your Out of Time Application has been accepted and this means that the Warrant of Execution has been REVOKED. Anything that happened under the warrant (ie payment of removal of your car) is deemed to be VOID and therefore you would either be entitled to a refund of the payment you have made (including bailiff fees) OR the release of your car and you can make a claim in the courts for restitution.

 

The car was taken to the pound on the instructions of Southwark and they are WHOLLY responsible for ensuring that your car is returned to you.

 

It is also SOUTHWARK who are responsible for settling the bailiff fees and any claim for restitution.

 

In cases such as this I have ONLY EVER KNOWN that JBW insist that the vehicle owner attends at their vehicle pound in person to collect the car so something doesn't seem right here.

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In cases such as this I have ONLY EVER KNOWN that JBW insist that the vehicle owner attends at their vehicle pound in person to collect the car.

 

There is a case the owner sent a recovery truck to collect a car from JBW. Westminster got the £155+VAT bill.

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Your Out of Time Application has been accepted and this means that the Warrant of Execution has been REVOKED. Anything that happened under the warrant (ie payment of removal of your car) is deemed to be VOID and therefore you would either be entitled to a refund of the payment you have made (including bailiff fees) OR the release of your car and you can make a claim in the courts for restitution.

 

The car was taken to the pound on the instructions of Southwark and they are WHOLLY responsible for ensuring that your car is returned to you.

 

It is also SOUTHWARK who are responsible for settling the bailiff fees and any claim for restitution.

 

In cases such as this I have ONLY EVER KNOWN that JBW insist that the vehicle owner attends at their vehicle pound in person to collect the car so something doesn't seem right here.

 

I was very fortuneete in that I didn't hand over a PENNY to JBW re my car, HOWEVER, I was unable to work for the duration of seizure. So I want to claim for loss of earnings plus cost of communications, car wash etc. Will this fall under restitution?

 

BTW, I found my car at my old address, resembled a dirty birty birds nest, I cancelled my 'stolen' report with the police.

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I wouldnt claim restitution, I think you have a better chance reclaiming your losses as damages. Make a joint claim against Southwark and JBW and let the judge sort it out.

 

I Would go along with it but would sue both as joint defendants. You wont believe the dirt jbw will dish on their clients !!!

So whats cooking today ?

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