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    • 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. 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.  
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      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.

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Reposession Order, Sale Broke..Now what?


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Hi, you are going to have to offer something towards the arrears on top of the normal payment for the judge to suspend the eviction.

 

I have sent you a PM.

 

Kind Regards

 

Ell-enn

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Part B - it's your address.

 

What amount do you want me to offer in the statement toward arrears?

 

(Nearly there)

 

Ell

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Hi - I need to know what you are offering towards arrears so I can send you the statement.

 

Ell

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No problem, I have sent you the text. Anything else you need to know, just shout.

 

BTW did you make the £1000 payment today?

 

If I have gone off line by the time you read this. I will be on line again when I get to my office at 8am in the morning.

 

Kind Regards

 

Ell-enn

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Ell-enn , I really appreciate your help on this matter. My internet is ill behaving somehow and I have intermittent connection failures.

 

I am preparing all the documents at the moment and will be in the court tomorrow morning.

 

Yes, I did make the payment of £1000 this afternoon.

 

I will keep you posted.

 

best regards

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That's great, let us know when you have a hearing date.

 

Kind Regards

 

Ell-enn

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

 

 

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Part B - it's your address.

 

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.

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Dear fellows -

 

Can someone explain what will happen in the hearing. What should I be prepared for answering any questions judge may ask.

 

Or any advice will be appreciated.

 

Thanks and best regards.

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Hi there, the hearing is quite an informal affair. It will be conducted in a private room with just yourself, the judge and a representative for the other side. As the other side are bringing the action they will speak first. The judge will then look at your defence and may or may not ask questions. He will have read your N244 form beforehand and so will know what you are offering. Most judges are very sympathetic with litigents in person (that's you!) and will guide you through the proceedings.

 

Take your copy of the N244 and attachements with you so you can refer to it if need be. When you reply to questions, take your time and try to remain calm, the judge will understand that you are nervous.

 

Do NOT talk to the other side before the hearing. They may approach you in the waiting room and either try to come to an arrangement or else try to un-nerve you. Just tell them you'd rather wait until the hearing. Some of the lender's representatives are quite nice and are sympathetic to the debtors. However if it is some young solicitor just qualified they feel they need to make a show - but judges don't usually have much patience with them lol.

 

If there is a duty solicitor or CAB representative at court that day, ask them if they will accompany you into the hearing, the can be very useful.

 

Kind Regards

 

Ell-enn

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

 

 

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Wonderful !

 

Ell-enn, I appreciate all this.

 

Though a stupid one, yet it might boost my confidence....

 

By looking at the merits of the case , what are the chances that the judge will be inclined in vacating the eviction order.

 

Regards

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We can do an updated statement to take to court with you, showing the payment you made yesterday (assume you have a receipt?). You have made large payments to reduce the arrears and provided the judge believes there is a reasonable chance of you sticking to the payment proposal going forward, you should be OK.

 

I've seen a lot worse cases than yours avoid eviction:)

 

Ell

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

 

 

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I'll draft something for you tonight, but it may be tomorrow morning before I send it to you as I have to go out later.

 

Kind Regards

 

Ell-enn

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

 

 

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Hi, what date did you make the payment of £2,000 by cheque?

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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Ell-enn - My apologies I couldn't come back to you yesterday.

 

I have prepared everything and will be in the court in time. I hope everything will go in favour !

 

I will write the update as soon as I have access to the computer.

 

Thanks very much again.

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good luck in court.;)

lloyds S.A.R -sent 04/04/200

statements received 11/05/2007

prelim-14/05/2007 -£4987

lba-30/05/2007

n1-20/07/2007

 

Co-Op prelim sent-20/04/2007-£136.50

settled in full

goldfish prelim-27/06/2007

 

capital one -deemed served -01/07/2007

settlement without cci offered 17/07/2007

halifax prelim-17/07/2007

 

aqua--prelim-13/07/2007

 

welcome-prelim-30/06/2007

lba-14/07/2007

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***** ORDER SUSPENDED ********

 

Deputy District Judge suspended the eviction order on the merits of the case and allowed to resume the monthly payments as usual + £150 on the top.

 

He also accepted £2000 towards the arrears. Rest of the amount will be paid back with the monthly payments as mentioned above. But I will try to reduce it ASAP.

Judge also warned me that there is not MUCH room if I fell short again with this agreement :D

 

THANKS VERY MUCH FOR ALL WHO HELPED ME ESPECIALLY ELL-ENN !

 

I appreciate, thanks very much again and best regards.

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That's marvellous news - I hope you can now relax this weekend. Glad you got a sensible judge too.

 

Well done for being brave:)

 

Best wishes for the future

 

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

 

 

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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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