Jump to content


  • Tweets

  • Posts

    • 25/05/2024? That the deadline or the date of the claimform?
    • 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
  • 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

SPML Capstone Mortgage corp. EVICTION CANCELLED


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5660 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

It was only me that went as my partner was at work (doing 12 hour shifts at the mo!). I had to take my youngest child with me (he's 2) and he wasn't exactly quiet during the hearing, but the judge didn't seem to mind. When you do get to the hearing as Ell-enn informed me, make sure you speak slowly and clearly to the judge. State your case as clearly as you can and emphasise the fact that you are making payments as often as you can and that the house is on the market at the minute. The judge will look at the facts and make his/her decision based on them but at the end of the day he/she should be a fair minded individual and fingers crossed, things hopefully will go your way.

I'm sorry I can't be more helpful than that as it's up to the judge but I'll be thinking of you tomorrow.

scared79 xxx

Link to post
Share on other sites

  • Replies 119
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

It was only me that went as my partner was at work (doing 12 hour shifts at the mo!). I had to take my youngest child with me (he's 2) and he wasn't exactly quiet during the hearing, but the judge didn't seem to mind. When you do get to the hearing as Ell-enn informed me, make sure you speak slowly and clearly to the judge. State your case as clearly as you can and emphasise the fact that you are making payments as often as you can and that the house is on the market at the minute. The judge will look at the facts and make his/her decision based on them but at the end of the day he/she should be a fair minded individual and fingers crossed, things hopefully will go your way.

I'm sorry I can't be more helpful than that as it's up to the judge but I'll be thinking of you tomorrow.

scared79 xxx

Link to post
Share on other sites

Hi there and WELL DONE for being so brave - I am so pleased for you and glad I was able to help.

 

Put your feet up and enjoy your home.

 

Kind Regards

 

Ell-enn

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.

Link to post
Share on other sites

Hi there and WELL DONE for being so brave - I am so pleased for you and glad I was able to help.

 

Put your feet up and enjoy your home.

 

Kind Regards

 

Ell-enn

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.

Link to post
Share on other sites

Thanks everyone :)

It's one big weight off my shoulders!

I hope biddy65 was successful with their hearing, I've been thinking about them all night and all morning willing positive thoughts for them.

scared79 xx

Link to post
Share on other sites

Thanks everyone :)

It's one big weight off my shoulders!

I hope biddy65 was successful with their hearing, I've been thinking about them all night and all morning willing positive thoughts for them.

scared79 xx

Link to post
Share on other sites

  • 5 weeks later...

Well..............unfortunatley this did not turn out very well. In 2005 my husband lost his job and I had just returned back to work from maternity leave onto part time work so encountered some arears on or mortgage . This at the time was around £2500 which capstone then ( Preferred mortgage) took us to court and got suspended reposs order on our property.I agreed to pay £30 extra per month onthe mortgage which I did until i ran into difficulties in 2007...due to me being off sick for 6mths. at the time the mortgatge was not in arrears but as the interest rate we were pay of 11.24% on a £130000 mortgage kept going up we decided to sell. This was not a problem but I fell behind the £1200 per month mortgate by £300 but still continued to pay £1200 per month as i was the only one working i found it hard to find the additional £300 on top to bring everything up to date. anyway in Feb we got a buyer and all the paper work started to go through i still kept up with the payments but started really hitting problems in May 2008. My Solicitor confirmed we had a buyer but because we have a leasehold property this kind a drag on.....we were assured by the estate agt. buyer and our solicitors everything was ok ..so we would basically sell pay off our debt plus secured loan we had with the Infamous Welcome finance who was basically robbing us blind with their settlement figure but we didnt care just wanted rid.

Any way 23 jul all searches done complete all parties ready to go deed signed etc...as the process had taken so long we were going to complete and exchange on same day.....due to arrears on mortgage capstone went to court and got an eviction notice against us for the 30 jul 08 but as we were completeing shortly no problem. 24 jul finally here all pack up to go paid deposit on rented accomodation our solicitors called in morning advising that the vendor solicitors would exchange by 4pm that day get ready.............kids excited.........us relieved..............at 2pm vendors solicitors called to negotiate a price with me to leave my dishwasher and washing machine...........at 4pm vendors solicitors called to advice that there is a shortfall and he is pulling out.......................left us in the ****

I went into complete shock............after ................to cut a long story short i made them and offer to clear debt they refused and eventually repossed the house in September...................i have kinda buried my head for the past few months now have deal with it i guess ...........the property is still empty they said they will continue to charge me until its sold................ we are in so much debt not sure what to do.........debt company calling everyday..........threathen to do attachment to my earnings .............i am considering bankruptcy but cant afford to pay the fee.................. HELP

Link to post
Share on other sites

Well..............unfortunatley this did not turn out very well. In 2005 my husband lost his job and I had just returned back to work from maternity leave onto part time work so encountered some arears on or mortgage . This at the time was around £2500 which capstone then ( Preferred mortgage) took us to court and got suspended reposs order on our property.I agreed to pay £30 extra per month onthe mortgage which I did until i ran into difficulties in 2007...due to me being off sick for 6mths. at the time the mortgatge was not in arrears but as the interest rate we were pay of 11.24% on a £130000 mortgage kept going up we decided to sell. This was not a problem but I fell behind the £1200 per month mortgate by £300 but still continued to pay £1200 per month as i was the only one working i found it hard to find the additional £300 on top to bring everything up to date. anyway in Feb we got a buyer and all the paper work started to go through i still kept up with the payments but started really hitting problems in May 2008. My Solicitor confirmed we had a buyer but because we have a leasehold property this kind a drag on.....we were assured by the estate agt. buyer and our solicitors everything was ok ..so we would basically sell pay off our debt plus secured loan we had with the Infamous Welcome finance who was basically robbing us blind with their settlement figure but we didnt care just wanted rid.

Any way 23 jul all searches done complete all parties ready to go deed signed etc...as the process had taken so long we were going to complete and exchange on same day.....due to arrears on mortgage capstone went to court and got an eviction notice against us for the 30 jul 08 but as we were completeing shortly no problem. 24 jul finally here all pack up to go paid deposit on rented accomodation our solicitors called in morning advising that the vendor solicitors would exchange by 4pm that day get ready.............kids excited.........us relieved..............at 2pm vendors solicitors called to negotiate a price with me to leave my dishwasher and washing machine...........at 4pm vendors solicitors called to advice that there is a shortfall and he is pulling out.......................left us in the ****

I went into complete shock............after ................to cut a long story short i made them and offer to clear debt they refused and eventually repossed the house in September...................i have kinda buried my head for the past few months now have deal with it i guess ...........the property is still empty they said they will continue to charge me until its sold................ we are in so much debt not sure what to do.........debt company calling everyday..........threathen to do attachment to my earnings .............i am considering bankruptcy but cant afford to pay the fee.................. HELP

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...