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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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Dan v Clydesdale Bank-


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Hullo,

 

I'm about to start proceeedings...I sent away for all my bank records, and received them. There is one question I have to ask before I send them a notice of reclamation. Occasionally my bank would charge me £25 or £33 in overdraft fees...but much more frequently they would charge £22.50 for 'fees' which were not strictly identified as an 'overdraft fee', but would only occur if I exceeded my overdraft. Is this fee reclaimable also? It would make a significant difference.

 

-Dan

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If it is not a service fee, which I don't believe it is claim it. Don't forget the daily fees as well if you have them.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Claim it - they only occur when you go overdrawn, thus (in my view of course) they're a penalty for being overdrawn.

 

Good luck

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 2 weeks later...

Hi All

 

Can someone help me with this query. I have a Clydesdale account i have my statements and intend to claim the charges back which amount to approx £ 3,000.00.

 

My query is do i have to issue this in Scotland as their registered office is in Scotland and any correspondence has been with them in head office in Scotland. I also believe that if i do have to issue in Scotland and it is defended i have a very long journey to undertake.

 

Can someone with superior knowledge advise me accordingly. Many thanks

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Hi All

 

Can someone help me with this query. I have a Clydesdale account i have my statements and intend to claim the charges back which amount to approx £ 3,000.00.

 

My query is do i have to issue this in Scotland as their registered office is in Scotland and any correspondence has been with them in head office in Scotland. I also believe that if i do have to issue in Scotland and it is defended i have a very long journey to undertake.

 

Can someone with superior knowledge advise me accordingly. Many thanks

 

Just put your branch address.

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It might be advisable to send an LBA to the branch first as it should really have gone to an English address in the first place, but just give them another 7 days or so if you do this.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 months later...

Okay time for an update!

 

On November 14th I sent Clydesdale a letter announcing my intention to begin action. They sent me a three-page letter saying that basically they were all very nice charges that I had agreed to and that I really shouldn't ask for all that money back, and that if they didn't hear from me again they'd assume the issue was dropped.

 

I've just calculated my interest and the claim is up to almost £1500! Unbelievable how much they have taken from me, and I've never been more than £10 over my limit.

 

I've just written the second letter (notice before action) and will send it off on Monday.

 

-Dan

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HI Dan, go for it. I'm fighting Clydesdale on behalf of my mum who lives in Scotland. we got the standard letter also after giving them the prelim letter, then we sent the lba & their tune had changed, sayding they were going to "reopen the complaint & review" & just this week they've sent a cheque for just under half the amt owed saying they consider the complaint closed. well, we're claiming the lot, aroung 1100 quid including the 8% interest @ claim stage.

 

good luck & keep us updated.

 

West Yorks Red

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  • 4 weeks later...

Hello sorry for the delay. I waited for the limit and have prepared my MCOL ready for action. I called Neil McKurdy before submitting it and spoke to someone at Clydesdale called Louise, who said they hadn't seen the second letter (it was still at my branch in London!) and could I please fax it to them. I did so and Louise said they needed some time to look the case over. It has now been a week- should I proceed with the MCOL, or call them again?

 

Before I do, I have some questions as I am a little hazy on what happens once I make the submission:

 

1. Once the MCOL is submitted, how long does it take to receive a response and book a court date?

2. There seems to be no option on the form to submit my schedule of charges- how is this submitted?

3. Is it possible to process a claim from outside the country? Do I need to be physically present to process a claim?

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You can start MCOL now.YB then have 14 days to respond to the court and then a further 14 days to settle or enter a defence,toal 28 days.Once they enter a defence the case will be transferred to your local court.Then it will depend on how busy your court is as to when you get a court date.Once you have filed and got your claim number,you can then send a schedule of your charges plus interest to the court at Northampton.Send them two copies one of which they will forward tp YB, but to be on the safe side send one to YB as well registerd or recorded.Then they cant threaten to strike out saying they didnt get your schedule.No you dont have to be present to submit your claim to MCOL.Hope this helps

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