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    • look at the pix on the NTK that show his car going in/out look at the drain covers .   now look at the picture in the PDF. same car park.     purley way carpark.pdf
    • https://completelyretail.co.uk/scheme/2418                                                                                                                                                                                                                                                                                                                                                                                                                                                                  I do think he is right about the car park.   This is the Purley Way Retail Park and the photos of the vehicle were taken in the other park.                           
    • That WS is appalling.   I got lost with all the "I", "he", there is only one person being sued.   You, personally, have been great at supporting your dad's mate, but as the mate is presumably retired I don't understand why he/she hasn't used the time to look up WSs that were successful on the forum.    
    • worthy to note on google earth that is the purley way carpark in their NTK pictures and if thats his car , the defence and that WS is not going to work.   he is looking at the WRONG carpark, in his statement, the caravan one with the bailff notice is not purley way !!
    • Having received a claim for a parking infringement in February 2020 my friend went to discover where the Purley Way Retail Park was.   He told me what the 6 shops within this complex were and I then knew that I had never been inside these shops or the car park that is situated in front of these stores.  Apparently, he had also spoken to a member of staff within one of the shops who confirmed that there was no time limit for parking in this car park.   I then replied to this with a defence claim stating the following.    "I have just received notification of a parking infringement which occurred 25/5/19." "Obviously, I can't remember where I was on that day but I have now visited the Purley Way Retail Park where the offence is alleged to have occurred and I can confirm that I have never shopped in any of these six shops in that retail park. also there doesn't appear to be any parking restrictions apart from caravans"     Perhaps I should have said that I had not parked there on that day in question 25/5/19 but that is what I meant.   I received a reply to this defence claim dated 5/3/20 rejecting my defence.   Mr then said he would help me in this matter and he returned to Purley Way Retail Park and took photographs of the entrance and the signs available at the entrance. He then emailed them to BW on the 20/4/20 as shown above after a phone conversation with them.   As requested, the 3 photos (numbered 1,2 and 3) of Purley Way Retail Park. The drive-in entrance is the only way into the units and although the 2 car parks either side of this unit only allow parking up to 3 hours, this car park has no parking restrictions which was confirmed to me by a member of staff about 2 months ago.   I suppose it's possible that a year ago parking restrictions were different and if so, can you please let me know when they changed. He received confirmation that they had been passed on to their client and would get back with a reply.   As he had not had a reply, he phoned on two more occasions but no reply had been received from TPS. Eventually he phoned on the 3/8/20 to be told that they now had a reply, after over 100 days and they would forward it on. On receiving that email, he immediately knew they were not photos of the Purley Way Retail Park (photo 4) as it was a much larger car park and he told that to BW.    On the following day further photographs were sent of my vehicle in the same car park as the previous days offering which is not the Purley Way Retail Park.   He was not completely sure what the car park was but on his return to this county he discovered they were photographs taken in the Lombard Retail Park (photo 5) which is situated over 3/4 mile (1.2km) from the Purley Way Retail Park. I have also enclosed photos of the same car park (numbered 6 and 7) in which you can clearly see the Matalan store and also the Range which replaced Homebase when it shut down.   Bearing in mind that you have shown a photo of my vehicle in this car park it could not be in the Purley Way Retail Park at the same time and I confirm it was not ever left in the Purley Way Retail Park.   I believe that the facts stated in this statement are true.  
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
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      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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When a person dies, debts must be paid in a strict order of priority from the estate. The funeral expenses always have the first call on the estate before any debts of the deceased must be paid, if there are any funds left in the estate. Personal loans and credit card debts are only to be paid once all of the priority debts (such as secured loan or mortgage) have been settled, if there are monies left.

 

I have two questions:

 

1. If the bank have used offsetting to take some money in the deceased's bank account to pay a small unsecured personal loan, are they bound by law to return the funds which they took from the account to the executor if it can be demonstrated that there is not enough money in the total estate to pay the funeral expenses?

 

2. And - Should they have used offsetting at all (immediately on being informed of the death) without engaging with the executor?

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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When a person dies, debts must be paid in a strict order of priority from the estate. The funeral expenses always have the first call on the estate before any debts of the deceased must be paid, if there are any funds left in the estate. Personal loans and credit card debts are only to be paid once all of the priority debts (such as secured loan or mortgage) have been settled, if there are monies left.

 

I have two questions:

 

1. If the bank have used offsetting to take some money in the deceased's bank account to pay a small unsecured personal loan, are they bound by law to return the funds which they took from the account to the executor if it can be demonstrated that there is not enough money in the total estate to pay the funeral expenses?

 

Yes - they cannot take funds from an estate without probate or letters or administration and the estate being settled properly. The account should have been frozen and any balance paid to the estate.

 

2. And - Should they have used offsetting at all (immediately on being informed of the death) without engaging with the executor?

 

No as above

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

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That's exactly as I thought - thanks. Do yuo have a link to the relevant legislation so that I can pass this on?

 

Thanks.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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that is VERY out of order.

 

there are strict guideline [already pointed to about this]

 

i would also seek compensation and costs, let your solicitors deal with that, thats wht they are paid for.

 

this happened to a work collegues wifes after the death of her father.

 

she got £1000 back for each case of this happening when a certain four footed bank grabbed over £25k on 2 cards and 2 loans back in 2003.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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OMG - is nothing sacred!! This will be driving people in droves to keep their cash under the mattress again.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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The lady applied for a funeral payment from the social fund for her son's funeral. It was refused due to the estate held in the deceased's account combined with a small insurance policy. But the bank have taken the majority of funds in his account to offset a loan. The DWP are absolutely correct in their decision, a look at the funeral bill and the insurance policy is enough to satisfy me of that, and told her an appeal against this is fruitless because aside from the estate in the bank, the sum of insurance is enough to cancel out entitlement to the funeral payment. So I can't help her there.

 

I told her to query the bank taking the money because the order of priority is clear in that the estate must meet the funeral expenses first. She told me she has gone to the bank and spoken to them on the phone, and that they have told her that they have acted within the law because they can use offsetting in this circumstance, I don't agree. I need to write a letter for her to the bank (rather than her talking to them on the phone or face to face), to get everything in writing, which they are less likely to deny.

 

Can't find the actual legislation on it - I've found plenty of websites which talk about order of priority, but no legislation. I've searched Oopsi and can't bloomin well find it. It's driving me to distraction. The funeral directors have been very patient but it's only a matter of time before the account is sent to debt collection.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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Well tried to find some form of information, but ended up going round in circles.

 

I think from what I have read and personal experience when my daughter died was that when you inform the Bank of the deceased person, the account is IMMEDIATELY frozen, cannot find actual 'law' but pretty much a fact.

 

A request can be made to this bank to release enough funds to pay for the first priority debt which is Funeral Expenses then the balance MUST remain frozen until Grant of Probate or Letters of Administration are issued unless this leaves a balance of £5000 or less which again MUST be paid to the Estate Representative in order that prioritized debts are cleared first. Credit Card Debts come way down the list.

 

Sure you know that already, but it has just been reconfirmed over and over again during my search.

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Thanks very much for trying. You appear to be getting the same results that I am. I'll write up a letter for her asking the bank to confirm their position in writing - which I doubt very much that they will do, seeing as they are doing something they shouldn't be!

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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