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    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • Thanks DX,   I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
    • Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have.
    • go do a Direct Debit Guarantee Clawback to your bank if you've now got control of his bank account finny.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Threat of Reposession from First Plus Solicitors **SUSPENDED**


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Could I ask for opinion on charges. I asked for a statement of arrears from FP and received what looked like the breakdown of the monthly payment times the number of months arrears which is correct. What I haven't got is a recent statement of the account in full. In the latest papers received the solicitor quoted a sum which seemed v high so this is where the charges will be embedded I presume. Should I have this before court?

If I am successful next week in getting a payment arrangement and a suspended order can I query the level of charging afterwards? At the moment all I want to do is get the threat of eviction removed but I am planning to try and sell the house to settle the full account and I would definately need to understand the figures then.

Thanks

W6

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Send in a s.a.r.s ,subject access request to fp it will cost you 10 pound ask them to include all information and that includes charges made to your account ie litigation,late payment and arrears charges, they have to supply this information within 40 days under current disclosure laws and freedom of information.

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Send in a s.a.r.s ,subject access request to fp it will cost you 10 pound ask them to include all information and that includes charges made to your account ie litigation,late payment and arrears charges, they have to supply this information within 40 days under current disclosure laws and freedom of information.

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mmmmmmmm good point sillygirl but as worried6 is planning on selling i would have thought the more information the better,when i sent a sars to my lender i recieved lots of usefull info about my account which i have since used to my advantage,however point taken,thanks for that the more knowledge we have the more empowered we become.

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mmmmmmmm good point sillygirl but as worried6 is planning on selling i would have thought the more information the better,when i sent a sars to my lender i recieved lots of usefull info about my account which i have since used to my advantage,however point taken,thanks for that the more knowledge we have the more empowered we become.

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Hi All

 

No more questions (honest) but just need moral support. D day Tuesday 30th and I feel ill. I have done what I can and just hope I can get through that day.

Ellenn I have written up the statement so I suppose it all depends on how the Judge reacts to us. Thanks for your input and to all the others who have taken time to respond I really appreciate it. I am just so scared.

 

W6

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Hi All

 

No more questions (honest) but just need moral support. D day Tuesday 30th and I feel ill. I have done what I can and just hope I can get through that day.

Ellenn I have written up the statement so I suppose it all depends on how the Judge reacts to us. Thanks for your input and to all the others who have taken time to respond I really appreciate it. I am just so scared.

 

W6

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Did you hand the statement into court ?

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Did you hand the statement into court ?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Sorry to butt in but just wanted to show a bit of moral support!!!! My experience of court was not that bad TBH!!! I felt sick, wanted the ground to swallow me up but kept comfort in the thought that I was not the only one in the waiting room going through this, though at times it feels like it!!!! I went with my friend and in Swindon courts there is a little corner where all the solicitors sit and have a natter, we sat there and lightened the mood by guessing which one I would be up against, I was very pleased with the result as there was a woman there that looked scary!!!!! Be strong, their solicitor will try and have a conversation with you, dont be budged and stick to ur guns and judges do understand what you are going through and dont want to see you thrown out of your home. Much love and I am sure you will be ok xx

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Sorry to butt in but just wanted to show a bit of moral support!!!! My experience of court was not that bad TBH!!! I felt sick, wanted the ground to swallow me up but kept comfort in the thought that I was not the only one in the waiting room going through this, though at times it feels like it!!!! I went with my friend and in Swindon courts there is a little corner where all the solicitors sit and have a natter, we sat there and lightened the mood by guessing which one I would be up against, I was very pleased with the result as there was a woman there that looked scary!!!!! Be strong, their solicitor will try and have a conversation with you, dont be budged and stick to ur guns and judges do understand what you are going through and dont want to see you thrown out of your home. Much love and I am sure you will be ok xx

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Hi slgsue, good to hear from you and thanks for giving your support on the forum :-)

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Hi slgsue, good to hear from you and thanks for giving your support on the forum :-)

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Thanks so much for the support. Last night the monsters came back I'm afraid and then all the logic goes out the window. My husband is taking this so badly and I try to be strong for him but its hard.

I am at the office now and trying to get my head into something else! I'll keep in touch.

Definately shouldn't have watched 'Garrow' last night.

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Thanks so much for the support. Last night the monsters came back I'm afraid and then all the logic goes out the window. My husband is taking this so badly and I try to be strong for him but its hard.

I am at the office now and trying to get my head into something else! I'll keep in touch.

Definately shouldn't have watched 'Garrow' last night.

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Hi All

 

I thought you'd like to have an update as I attended court yesterday. The upshot is the Judge adjourned the hearing for about amonth to allow more time for repayment negotiations!

 

We sat down, he asked for figures from FP Solicitor, he asked me if I had made repayment proposals. He asked me to expalin them and then asked Sol if this was acceptable.

She said no for 2 reasons - one that the repayment offer of £125 was unsuitable give the amount of the arrears. The other that I had given preference to unsecured debts namely the 2 loans.

He spoke directly to me and asked if I wanted him the 'hear' the case there and then but that given this was a first appearance he would offer a lenient view and adjourn until I had more time to negotiate with the Solicitor/FP. He said it was 'my call' and that he would proceed if I wanted him to but warned he couldn't predict that he would find for me, it could go against me.

I was stunned but had to think quickly. I thanked him for the offer of more time and accepted it. I said I was committed to getting a workabe plan in place.

He made no comment about the issue of taking from 1 debt to pay another which I had thought he would. There was no comment on my statement and no comment on the amount of the monthly payment in relation to the remaining term of the loan.

He tried to get a date there and then but the office line was busy. I suppose it will be heard after Christmas now. He told me I'd get notification in the post. Also that it wouldn't necessarily be him who would sit at the next hearing.

Thats was it - out the door in 15 minutes and a bit gutted that I am still in limbo. Worse still I have no faith that they are going to listen to me at all.

 

Thanks for everyones support in this, not over yet.

 

W6

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Hi All

 

I thought you'd like to have an update as I attended court yesterday. The upshot is the Judge adjourned the hearing for about amonth to allow more time for repayment negotiations!

 

We sat down, he asked for figures from FP Solicitor, he asked me if I had made repayment proposals. He asked me to expalin them and then asked Sol if this was acceptable.

She said no for 2 reasons - one that the repayment offer of £125 was unsuitable give the amount of the arrears. The other that I had given preference to unsecured debts namely the 2 loans.

He spoke directly to me and asked if I wanted him the 'hear' the case there and then but that given this was a first appearance he would offer a lenient view and adjourn until I had more time to negotiate with the Solicitor/FP. He said it was 'my call' and that he would proceed if I wanted him to but warned he couldn't predict that he would find for me, it could go against me.

I was stunned but had to think quickly. I thanked him for the offer of more time and accepted it. I said I was committed to getting a workabe plan in place.

He made no comment about the issue of taking from 1 debt to pay another which I had thought he would. There was no comment on my statement and no comment on the amount of the monthly payment in relation to the remaining term of the loan.

He tried to get a date there and then but the office line was busy. I suppose it will be heard after Christmas now. He told me I'd get notification in the post. Also that it wouldn't necessarily be him who would sit at the next hearing.

Thats was it - out the door in 15 minutes and a bit gutted that I am still in limbo. Worse still I have no faith that they are going to listen to me at all.

 

Thanks for everyones support in this, not over yet.

 

W6

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I think the best thing to do is keep making the payments you have offered as this will show the judge at the next hearing that you are committed to the proposal.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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I think the best thing to do is keep making the payments you have offered as this will show the judge at the next hearing that you are committed to the proposal.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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