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    • 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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    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
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Claim Form hagerty/robbersway old, CAP1 card statute barred?


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Hi all,

 

I have received a county court claim form for an old debt.

 

The claim form says I need to respond directly - you can even do it online at moneyclaim.gov.uk

 

The debt is on my credit file for £3500 and the default date is 04/2006.

 

However, I have looked through my bank statements and I made NO PAYMENTS at all to this account. I was 18 at the time, and simply ran up a debt I could not afford with no income. I told Capital One and they passed it to Robinson Way collection agency.

 

If I made no payments, will it be statute barred? The credit card was opened in August 2005, and I have no payments recorded.

 

Please can someone help me with what to do next? I have seeked advice everywhere but am confused. I am guessing i MUST respond to the county court claim directly? Others have said send the DCA a letter saying you think it is statute barred.

 

Any help and advice will be massively appreciated!

 

Thank you.

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One other thing I have noted is that they sent the CLAIM FORM to an address I never really lived at....

 

By this I mean, I lived at my parents' address for 15 years and nearly ALL my correspondence, including my bank account statements etc all still go to this address.

 

I briefly lived at my girlfriend's old place for about 2 months, and there is one record of this on my credit file - THIS IS WHERE THEY SENT THE LETTER.

 

I have been at a new address (rented) for about 6 months. They did not sent it to this address or my parent's address.

 

 

Could it be that they were hoping I would not receive the claim form? Would this have been to their advantage???

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You must do the following:

 

Acknowledge the claim - you can do this online.

Contact the claimant under CPR 31.14 and ask them for copies of all documents refferred to in the "particulars of claim" eg. agreement, assignment notice etc.

Contact the claimant under CPR part 18 and ask them the following:

On what date was the last payment made on this account by yourself?

On what date was the last acknowledgment in writing made by yourself?

On what date did the first monthly payment become due?

On what date did the second monthly payment become due?

 

Explanation:

 

acknowledging th claim extends the time available to file a defence to 28 days.

making cpr requests will likely involve them ignoring you to begin with at which point you get on their case and demand the docs and an extension for filing the defence.

When they fail to provide disclosure or they provide disclosure that states it to be SB'ed you hit them with an SB defence and wasted costs order.

 

Oh and yes they probably were looking for a default judgment, it does open up the possibility of the court papers being "invalidly served" but you shouldn't need to muddy the case with this.

Edited by Jasper1965

As of 03/03/12 please do not under any circumstances wait for my further input or guidance on any current thread or defence of a court claim I might have been involved in on or through Cag.

Jasper1965

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  • 2 months later...

Hi all.... this is still dragging on...

 

I am sure this debt is statute barred. After following advice from

this forum and others, I sent a letter directly to the claimant stating

that the debt was statute barred.

 

This was sent firstly to Robinson Way, and then to Hegarty LLP (the

solicitors) after I had no response.

 

It has been over 4 weeks since the letter was sent and I have had no

response whatsoever. I have spoken to 'moneyclaimdotgov' and they have

questioned why I have not filed a defence with them.

 

They told me to file a defence. I spoke to Hegarty and they told me I

should now just wait to see if their client, Robinson Way, will

respond.

 

I just wondered if there is anything I should be doing now. It is

really hanging over me and I am constantly worrying about the claim.

 

Any quick advice you may be able to give me would be greatly appreciated.

 

Thank you all

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Hi,

 

I called the moneyclaim helpline.

 

Basically they said I needed to file a defence. At the moment there has been no action from them either.... does this mean I will be OK?

 

I have filed a defence now, stating the debt is statute barred and that I have contacted the claimant directly.

 

Oh god... I feel like I am not going to sleep for weeks now worrying about this.

 

 

Does anyone know... if they have not made any move or filed for a default judgement, now that I have put my defence in will it be ok?

 

Or am I just completely ****ed because I filed my defence late anyway?

 

:(

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I just wondered if anyone knows if there are any cut and dry rules to this. Like, because I filed late does that put me in a bad situation, or will it be OK because they claimant has not yet made any further actions...?

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I just wondered if anyone knows if there are any cut and dry rules to this. Like, because I filed late does that put me in a bad situation, or will it be OK because they claimant has not yet made any further actions...?

 

 

 

Being a bit late will be fine, provided the Claimant hasn't already applied for judgment.

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I sent my defence via email, after speaking to a telephone representative.

 

I have never been able to use the MCOL service, I have never been able to login again after originally signing up. It is not the most straightforward of systems... in fact it is really annoying!

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Hello again all,

 

Here is an update:

 

Today I received a letter from the court 'acknowledging receipt of my defence'.

 

It now says a copy is being served to the claimant and the claimant my contact me directly to resolve any dispute. If unresolved informally, the claimant will inform the court they wish to proceed and the court will then inform me of what will happen.

 

Where he wishes to proceed, the claimant must contact the court within 28 days of my defence or after that period the claim will be 'stayed'. The only action they could then take is applying for a judge to lift the order of stay.

 

 

 

 

 

OK...!! So I guess I now just wait to see what the claimant comes up with against my defence that the debt is statute barred. Got a month of worry ahead, but am I really safe in the knowledge that the debt is definitely statute barred?

 

Argh... once this is over I can move on with my life.... :/

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You did that by the skin of your teeth... more by luck than judgment!

 

Well, if the take it forward there will be the AQ stage at which they will have to pay a fee for a hearing. Can’t imagine they would be so daft, but you never know...

 

If they discontinue now, claim wasted costs.

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  • 3 weeks later...

Hi all,

 

So, the court acknowledged my defence on the 28th February.

 

Is there a date upcoming where, if I do not hear anything, they claim cannot be continued?

 

I have not heard anything at all about this claim yet. I mean, I wrote to the claimant AND the claimant's solicitor almost 3 months ago, and heard nothing. I have now filed my defence to the court and still heard nothing....

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Time to sit and wait to see if they respond. They have 28 days then the case is automatically stayed, at which point you could apply for strike out.

 

You could resend your CPR requests.

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