Jump to content


  • Tweets

  • Posts

    • Banks have different limits above which they require Probate. So it may be Probate is not needed, although as he died with no Will that could complicate things. Is all the £28k with Virgin Money? Your wife should contact all banks who hold his money with the death certificate and ask them what they need to release the funds to her. Most banks have a central "bereavement department". Check their websites. Use that department rather than general call centre or bank branch if they have one. Nearly every bank website has a section on "what to do when a customer dies" so have a search for that. Your wife may also have to provide evidence that she is his daughter. When his wife died it sounds like they had a joint bank account so that's why her money just went across to him. But as it isn't a joint account now transfer to your wife won't be quite that simple.  
    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • 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.  
  • Our picks

    • 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
        • Like

Susspended repo now eviction??***WON***


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5051 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi To All

 

I got a Suss repo last year secured loan ( Future ) and have been paying, although not on time and not to the full amount agreed, I received an eviction notice last year and paid a summ the lender was happy with.

 

I now have not paid this months and they say its now £2700.00 and they have applied for an eviction date, however they did say that if I made an offer of payment ( lump sum ) to Future then they may lift eviction???

 

I am currently unemployed and not claiming as I pick up bits of work here and there and didnt want to get caught fiddeling, any way I have had an interveiw yesterday and it is looking very good, but even that would not provide any earnings for a few weeks.

 

What is the best way forward on this, I have not told my oh yet as I deal with all the s**t.

 

Mr W

Regards..Mr Worried :)

Link to post
Share on other sites

  • Replies 110
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Hi Mr W.

 

Any news on the job yet?

 

I can only suggest that you contact Future and explain the situation and see if you can reach a compromise. Are you able to offer them anything this month?

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.

Link to post
Share on other sites

Hi Caro

 

Thanks for the reply.

 

Today I received an Eviction Order for the 22nd April, delivered by hand by the bailiff...ouch...

 

Have hid it from OH for the moment, the solicitors acting for 'future' have advised me that they will evict if a substantial sum is not paid asap, although they do not state how much? and I dont have a substantial sum to pay them?

 

Any thoughts please....

 

Mr W

Regards..Mr Worried :)

Link to post
Share on other sites

Have you spoke to them about your future employment prospects?

 

Also have you tried the CAB

 

Hi PG

 

Funnily enough CAB said I seemed pretty clued up to deal with myself? and they could not assist further as I asked them the questions they were gonna ask me!!!

 

I spoke to the acting solicitor and they said I had to communicate with them only, and they will forward my comments to future, to which they have already replied, substantial amount for our consideration or your OUT...

 

Mr W

Regards..Mr Worried :)

Link to post
Share on other sites

You can make an N244 application to suspend the Warrant (eviction) on terms. What would really help with this would be to have an offer of employment to prove to the court that you can afford regular payments going forward. You have until the morning of the eviction date to get an application heard although it's a good idea to apply earlier rather than later so you are not left with the prospect of packing up all your possessions at the last minute or having to pay for supervised entry to the property after an eviction. But if the potential employer has said they'll get back to you before 22nd hopefully you'll have something you can use.

 

I would recommend discussing this with your other half painful though it may be. I once had a case where a husband had kept his wife in the dark about the state of their mortgage and she came home from work to find the locks had been changed - a million times worse than if her husband had told her! Even worse, she had enough savings to clear the arrears so all the stress and expense (plus a night kipping on the next door neighbour's floor and feeding the rabbits over the fence) was completely pointless.

Link to post
Share on other sites

You can make an N244 application to suspend the Warrant (eviction) on terms. What would really help with this would be to have an offer of employment to prove to the court that you can afford regular payments going forward. You have until the morning of the eviction date to get an application heard although it's a good idea to apply earlier rather than later so you are not left with the prospect of packing up all your possessions at the last minute or having to pay for supervised entry to the property after an eviction. But if the potential employer has said they'll get back to you before 22nd hopefully you'll have something you can use.

 

I would recommend discussing this with your other half painful though it may be. I once had a case where a husband had kept his wife in the dark about the state of their mortgage and she came home from work to find the locks had been changed - a million times worse than if her husband had told her! Even worse, she had enough savings to clear the arrears so all the stress and expense (plus a night kipping on the next door neighbour's floor and feeding the rabbits over the fence) was completely pointless.

 

Hi Killer

 

Thanks for the freindly words, I shall tell her over the weekend but I will try to decide the best way forward first as I would like to soften the blow with.......but we can do...etc etc....I will try to get a letter of acceptance from employer without embarrising myself, dont want him to feel he has hired a ???????.

 

Mr W

Regards..Mr Worried :)

Link to post
Share on other sites

Please speak to your OH asap Mr W. She has a right to know what is going on, and the sooner the better.

 

There is absolutely nothing wrong in asking any prospective employer for written confirmation of any job offer. In fact it's quite usual.

 

Do you have children, and if so how old are they?

Is the loan in joint names or just yours?

Also is the house in joint names?

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.

Link to post
Share on other sites

Please speak to your OH asap Mr W. She has a right to know what is going on, and the sooner the better.

 

There is absolutely nothing wrong in asking any prospective employer for written confirmation of any job offer. In fact it's quite usual.

 

Do you have children, and if so how old are they? Yes 8 and 6

Is the loan in joint names or just yours? Joint

Also is the house in joint names?

Joint

 

Thanks Caro

 

Mr W

Regards..Mr Worried :)

Link to post
Share on other sites

  • 2 weeks later...

I suggest you contact National Debtline for advice.

 

National Debtline England & Wales | Debt Advice

 

Also shelter.

 

Shelter England - Repossession

 

I think you need to get an application to the court to oppose the eviction.

 

Can you put together an list of what money you have coming in each month, what you have going out.

 

Can you afford to keep up the payments?

 

I know you said you aren't claiming benefits, but are you claiming tax credits?

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.

Link to post
Share on other sites

Any update Mr Worried??

jaxads

 

Halifax - £2281, successfully refunded all charges after LBA letter & telephone call.

Have been offered the difference between the £20 and £12 charges from Capital One -- am sending LBA for remainder.

GE Money - Received settlement of £441, being total charges requested. No interest though.

CCA'd Bank of Scotland / Blair Oliver Scott to produce CCA Agreements on two Credit Cards - well in default, although still chasing payment!!!

EOS Solutions "ceased action on account" on behalf of a friend.

 

All in all, quite busy at the moment and enjoying every minute of it
:eek:

 

 

 

Link to post
Share on other sites

Hi To All

 

Yesterday FM agreed my payment proposal and as long as they have cleared funds by Wed 21st the eviction will be cancelled.

 

However this morning my OH said she wants out the house, dont give them money and lets go????

 

I want to honour agreement, but also want to sar them too, will this effect the relationship with them re susspended repo?

 

I also dont want to make us homeless when an arangement has been made?

 

I have spoken to the rep who got us the secured loan in the first place and he said all is ok with contract? ( well he would ).

 

Still my head is spinning, any advice please???

 

Mr W

Regards..Mr Worried :)

Link to post
Share on other sites

Mr Worried

 

Can you afford to stay there and pay the arrears and the mortgage?

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Mr Worried

 

Can you afford to stay there and pay the arrears and the mortgage?

 

Hi UK

 

When I am working then yes we can afford it, however as soon as work dries up we struggle and then the pressure mounts.

 

We will see how tommorow goes then have a chat over the weekend ( me and the misses of course )

 

Mr W

Regards..Mr Worried :)

Link to post
Share on other sites

Ok. . keep us posted...

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

Link to post
Share on other sites

Hi UK

 

When I am working then yes we can afford it, however as soon as work dries up we struggle and then the pressure mounts.

 

Mr W

 

I know how that one feels.:sad:

 

In a way I can understand why your OH thinks like that. For some people it can be a relief when the worry is over and they can make a fresh start, but if the mortgage company sell at a loss, you could still be responsible for the shortfall.

 

If it seems likely that you won't be able to stay in your home, so that you are in control of leaving on your terms, and get the best price you can, try and get permission from the judge to sell the property yourself.

 

Let's hope it doesn't come to that, .;)

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.

Link to post
Share on other sites

BTW, a SAR should make no difference one way or the other, but if you feel you need more info, you might be better to tell the judge that you would like more info from the claimants about how the claimants have worked out what you are supposed to owe as you're not sure if there may be charges, missold PPI (if that is the case), or any other info you might need.;)

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.

Link to post
Share on other sites

  • 4 weeks later...

Hi To All

 

Well we never got to court as I borrowed £1000.00 from a friend ( his funeral money ) so eviction was cancelled, but yet again they are on my back again re missed payment for this month..you have 14 days etc, same sh different day,

 

Can I request their help with my scenario but not upsetting them so much as they go for my throat?. Northen Rock have been gr8 and are still helping, I told NR about Future and they said they NR have first call on property and depending on equity they may get nowt??

 

I need help as what to do next for the best.

 

I have never sar'd Future re contract and dont even know anything about what I am paying for, can I sar them without a knee jerk reaction of repossesion from them?

 

Cheers

 

Mr W

Regards..Mr Worried :)

Link to post
Share on other sites

A SAR will make no difference to any proceedings. Are future aware that there is no equity in your property? If you make them aware of this perhaps they may be more willing to negotiate a settlement that you can afford.

 

That said, I have seen cases where people have had their homes repossessed and been glad that the stress is behind them and that they can begin to put their lives back together. You should be aware that repossession is not necessarily the end of the matter, and even after that if there is a shortfall you can still be chased for the outstanding balance after your home is sold.

 

I can't help wondering if you would be better hanging on to what money you have so that you can move on and start again.

 

I'm not saying that you should do this, but I think you should seriously think about your options and discuss them with your OH.

 

Your thread has similarities to this one, which has a huge amount of help and advice which I believe would help you.

 

http://www.consumeractiongroup.co.uk/forum/mortgages-secured-loans/142793-tilly-mortgage-express-repo.html#post1499490

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.

Link to post
Share on other sites

  • 1 month later...

Hi To All

 

Well I have been away from computer for a few weeks re work and no connection.

 

I have now got the solicitors acting for Future advising me that yesterday 28th June they have requested an eviction order from the courts, I offered them an amount and they refused any payment and told me they want the full arrears approx 3k, or the eviction is going ahead.

 

I can afford this mortgage albeit with a struggle within the preasant climate ( self employed etc ) I dont receive money weekly nor on a regular basis so that is why they always come ' knocking ' .

 

I wish to defend this eviction and do what ever I have to as not to loose my home.

 

I await your help and advise.

 

Mr W

Regards..Mr Worried :)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...