General Debt Issue

[rondodiver]

Hi All I have formed this response any comments would be gratefully accepted I thinks this makes the position perfectly

 

Dear Sirs

Further to your letter of 22/06/2011 the points of which have been noted, as you are aware we are not obliged to divulge any information regarding the accounts of the late xxxx estate therefore your request for official documentation is denied.

As my Father died intestate you will no doubt be aware that any claims on the estate need to provide documentary signed evidence of an agreement. I note in your letter that these accounts are of considerably age and you are unable to supply any documentation or signed agreements, however, I also note that you mention supplying an application form from Providian, please be advised that that information is not satisfactory, as it is merely an application form and does not constitute any agreement, on the points noted above therefore these accounts / agreements are unenforceable.

You state the attached payments show clear acknowledgement of these debts however one of the statements does not even bear the deceased’s name therefore the account could relate to anybody, in which case it cannot be included for consideration in the estate.

I agree that any monies from the estate do indeed need to settle outstanding debts, providing there is clear evidence showing that a legally enforceable debt exists. The information you have provided does not provide that evidence beyond any doubt, therefore on that basis I can only assume you are not legally entitled to collect the debts.

Based on the points above you must agree that the debts are clearly unenforceable and un-evidenced and therefore cannot be included for consideration, however as a gesture of goodwill I proposed 3 options available to Cabot Financial

1) Accept a 5% offer to settle the debts in full

2) Cabot File a legal claim against the estate (please note documentary evidence will be required as mention above

3) Write the debts off

You state there cannot be any deadlines of these accounts you are misinformed and I now document the deadline.

To enable any claim to be considered you must provide evidence of an enforceable debt by 16:00 on Friday 1st July any claims after that date will not be entertained.

Yours Faithfully

[BRIGADIER2JCS]

That looks very good to me,I am sure others will take a look for you.

Bump

[cerberusalert]

Yes that's fine... now watch the toys start flying.

[BRIGADIER2JCS]

They'll break all their crayons trying to reply to that:madgrin:

[rondodiver]

Thanks Guys much appreciate the replys.

 

If this lot file a legal claim now against the estate could they take it to the court to get the estate to pay the money ?

[cerberusalert]

They would be extremely stupid to try, you have given them multiple opportunities to prove a debt exists and their entitlement to collect & they've failed. An application form does not prove a debt, nor do payment statements particularly as they are not linked.

 

It is an Executors overriding duty to ensure that the estate is handled correctly & that is exactly what you are doing.

 

Take no notice of Cabots latest missive, it is obviously written by some spotty faced office boy who's only concern is whether he'll reach his 'targets' or not.

 

BTW, they cannot add interest or charges as debt collectors unless it was specifically included within the terms and conditions of the original agreement, an agreement which they are spectacularly unable to produce.

[BRIGADIER2JCS]

You have given the idiots enough already, they now have until 01/07/2011

to establish and prove their claim after that bye bye:madgrin:

[rondodiver]

Letter posted by Special delivery this morning should be at their offices by 9am hopefully at least by lunchtime anyhows. Would love to be a fly on the wall when they open that one and even better when they get a follow up the following monday assuming they don't respond of course.

[rondodiver]

Hi All just getting everything organised, as sofar to date Cabot have not responded to the above letter and there is now less than 24 hrs for them to do so, however they have, on a slightly diffferent subject, sent an email to say they have never received any communication from my Solicitors, however my solicitor obviousley says otherwise, anyway the point I make is, is this a tactic to delay and string things out even further by way of "we havent had enough opportunity to provide said documents" ploy. It clearly wont work from my point of view. I do not believe they will reply and will be telling they are excluded on Friday. Interms of the exclusion letter can anyone offer some guidance on a letter to use. Any help as always very much appreciated.

[BRIGADIER2JCS]

HI get the solicitor to resend communication urgently.

Time for response set in law must be met or the default thus makes a dispute and as such

renders ''enforcement'' void that is court action, they can still ask for payment.

[rondodiver]

Hi All

 

well as expected cabot have not responded so I intend to send them the following, as always any comments very much appreciated

 

Dear Sirs

I refer to my letter dated 24th June 2011 towhich I have not received a reply.

I clearly outlined in that letter that theestate required satisfactory evidence and documention inking the accounts tothe deceased by 01 July 2011, you have failed to adequately respond and supplythe information requested, therefore I have no alternative but to inform youthat the estate accounts for xxxx are now closed and Cabot Financial have beenexcluded.

The reasons for the exclusion are as follows;

1. That you have failed to provide satisfactory evidence and documentation linking the deceased to the accounts.
   
2. Failed to provide detailed statements of accounts bearing a clear link to the deceased
   
3. Failed to supply the orginal signed agreements.
   

You have stated that you will not be able tosupply any documents in relation to the accounts, therefore, the absence ofthese documents automatically renders the accounts un-enforceable, this will,as you are no doubt aware, will be the only possible outcome should you decideto seek court action, which, of course will be vigourously defended .

This is the estates final decision and nofurther communication on the above matter will be entertained.

[BRIGADIER2JCS]

Thats telling em!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[rondodiver]

Hi All

 

will be sending the above letter today by SD, however can anyone point me in the direction of any threads that are similar, or indeed any case law relating to this. Also is the proof of debts in any Act etc eg. the Administration of Estates Act or CCA 1974

 

Any help would be appreciated

[rondodiver]

Haven't sent the letter yet but I have clarified the non communication issue and it seems like Cabot are playing silly buggers, I have asked the solicitor to clarify the exact legal position with regards telling Cabot now to bog off, then letter will be sent post haste. Still would like to find some case law legislation etc been searching and not really come across much but will keep searching.

[BRIGADIER2JCS]

Are they not out of time re placing a claim on the estate?

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lots of guests this evening. hello guests.

[rondodiver]

I firmly believe they are out of time I am just making sure nothing is going to come back and bite me in the backside. They have admitted the only thing can provide is an application form and some spurious payment history which in one case doesn't show my fathers name on it. So just playing it very safe. I would love to be able to quote some precedent but cannot find anything to back the argument up unless anyone knows different. Even the administration of estates act doesn't cover this type of event. I have no doubt that I will be able to send the letter tomorrow and all will start to finally come to it's natural conclusion.

[BRIGADIER2JCS]

If they did not prove their alleged debt within the stated time limits IMHO TOUGH!!!!

[rondodiver]

Couldn't agree more I'm just dotting the i's and crossing the t's and ensuring once this is dealt with I can scatter my fathers ashes with a clear head knowing I did the best I could for him now as much as I would have done if he was still with us

[BRIGADIER2JCS]

Let me say that you have my sympathy,it must be hard to have to go through all this.

 

Regards

 

Brig,

[rondodiver]

Thanks brig appreciate the comments and really appreciate all the help and advice everyone is giving.

 

I will beat those dca I am of the opinion that they contributed to my dads stroke in 2003 with their never ending calls causing him horrendous stress. Ultimately the banks are all to blame for lending a 70 year old man money when he had only his pension to pay it back and no assets of any value. I not saying he was right in borrowing money but the banks should have been stricter and enforced tighter controls IMHO. They then pass the debt on to a bunch of scumbags who think they can get money without proving anything, well they thought wrong. Sorry rant over thanks again.

[BRIGADIER2JCS]

The rant is acceptable and totally reasonable in this situation,

did yo see the story in the newspapers at the begining of the year

where an elderly man had around 30 cards and owed around 70-80K,

he only had his pension and one card was issued 3 months before he died.

I sincerely hope you can get closure and put your father to rest.

Brig.

[rondodiver]

I didn't hear about that particular case but over the last few years there have been a few and its scandalous these sort of things are still allowed to happen

[BRIGADIER2JCS]

It's both tragic,& criminal lack of the common duty of care.

[rondodiver]

Hi all received a letter this morning from Cabot as follows

 

Dear Mr xx

 

Big Bold Letters Further to previous communications

 

Please be advised that due to the matters you have raised we are passing the file to Cabot's in house solicitors Morgans who shall write to you directly

 

Thank you for your assistance

 

If you have any quesries blah blah blah

 

Looks to me like they intend to try the court route or could this be just a threat

[BRIGADIER2JCS]

Watch out for the gobby para legal, I bet mr. Piers Morgan commercial Director and Solicitor will ever see it:!: