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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 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.  
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Capital Finance One / MT Collect - read how to deal with them


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I just had a telephone call as well, from the same number but have been receiving txt msgs threatening bailiffs and visits to my work, written like this "we are due to VISIT your WORK TODAY TO STOP action please phone 01617381203 (obvs the same bods) and also, I am due to CALL to your address TODAY TO STOP yadayadayada. By the way, I live in Belfast, and we dont even have bailiffs over here!

 

can we have those text msgs please

 

fwd with from whom and date and time to 07758882744

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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done

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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found them on oft register but are on cfo's licence

no mention of them as debt collecters though.

 

just a trading name for cfo http://www2.crw.gov.uk/pr/default.aspx defenently dodgy

 

I have refused to deal with them and just end up telliing them that I cant trust them.

 

I have asked for thier adress but was palmed of with a po box address.

 

The woman had to ask a collegue for the address seems stange she dosent know where she works.

 

questioned this helpfull lady as to if they are registered and was told to check with cfo if i didnt belive her.

 

As yet had no further texts or calls from them.

 

I did however have a call an hour before from another one of their monkeys

I was busy and politly asked him to call back later witch he agreed but thretened that I needed to pay them and that they had a baliff standing by.

 

Clearly a lie as there is no court order in place.

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Hi Matt

It is well known that MTC are just a trading name of CF1 however they have just gone 'legit' with companies house

07937691

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Hi Matt

It is well known that MTC are just a trading name of CF1 however they have just gone 'legit' with companies house

07937691

I wonder if now they are legit they will stop using bulling tactics and be willing to come to a fair repayment agreement . Should they be registered with oft aswell and declare that they perform debt collecting as part of their business. The information supplied on companies house also seems concerning no nature of business supplied and.no mention of previous trading names seems they don't want their previous name carter & co known.

Edited by matt3333
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:flypig::flypig:

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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That answers it I guess I won't give them my card details just yet!!!

 

If you give them card details, we will have to 'teach' you not to do something so silly :-)

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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how can they get away with harrassing people into paying what they cant afford they are breaching oft guidlines , section 40 of the administration of justice act, insome cases possibly protection from harassment act 1997 and probably other areas of legislation. It is shocking they have got away with their threats and itimidadion as long as they have.

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As per Sillygirl1, the time to complain is now more than ever. With the review currently underway by the OFT we need to make sure the often underhand tactics of these companies is made clear and put a stop to. The OFT is also inviting consumers to use the complaint form below to tell us about their complaint against a payday lending business. Complaints should be submitted by Friday 18 May 2012. The OFT cannot intervene in individual disputes. The information gathered from the consumer complaint form will inform the OFT's overall compliance review findings. People who are worried about their financial circumstances should seek independent debt advice. A list of organisations that offer free help and guidance on money matters is available from http://www.direct.gov.uk. Download the consumer complaint form: http://www.oft.gov.uk/shared_oft/Credit/complaint-form.pdf Get those complaints in!

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With regards to legal status of MT Collect, whilst I see from a previous post (#45) that they are now registered with Companies House. Have had a response from OFT further to a complaint being made against CFO and OFT said that Mitigate Trace & Collect do not hold a CCL and do not appear to be a trading style of CFO. Are MTC shooting themselves in the foot here or am I missing something?? The CFO CCL only has down the following as trading styles; MTcollect, Money Resolve, Paycfo, Payday Advanced, Payday Credit and Payday First. On a separate note CCL notes principal place of business as Leytonstone address. However, when sent letter via recorded delivery to that address it was not signed for and returned to me some time later. Far from me to insinuate they would purposefully ignore recorded correspondence....

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In the OFT CC licence page, they are not listed as Mitigate Trace and Collect. They are listed as MT Collect. Same company so they are on CFOs licence

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Have now recieved a letter from these people on Friday threatning legal action against me. The amount is now £690 for a £200 loan. Usual crap saying that if i dont respond to a summons they can take goods or I could have a attachment of earnings order blah blah. Can anyone give me any advice what to do should I reply to them telling them to foxtrot oscar or should i ignore them. They have rung me which I have ignored i havent had any threatning texts yet. I sent Capital One loads of emails they also commited fraud by taking money out of an account they didnt have details for. I then sent a letter to Daniel Silverman's and this was ignored. Would just like some advice on what my next course of action should be.

 

Get legal advise from CAB you could also seek advice from national debt line also report them to OFT, consumer direct and trading standards. Have you given card details to anyone on the phone it's concerning they are able to get details that haven't been given to them.

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In the OFT CC licence page, they are not listed as Mitigate Trace and Collect. They are listed as MT Collect. Same company so they are on CFOs licence

 

Under OFT guidence they cant share a licence with CFO

 

You cannot transfer a licence from one legal entity to another. This means that if you want to change your status, from, for example, a sole trader to a partnership, or a partnership to a limited company, you will need to apply for a new licence.

 

They are also breaching guidence in relation to how the trading names appear on the licence

 

If you also conduct licensable business under any other trading name(s), you must apply for the name(s) to be included on your licence.

It is a criminal offence to carry out any activity that requires a consumer credit licence under a name that is not on your licence.

 

The Act requires the OFT to check that any name(s) under which a person applies for a licence are not misleading or otherwise undesirable.

 

I have compared CFO's licence to a more respectable debt collector and they declare all of thier trading names for example CRS, credit resolution services, HS, HSL, ICS and installment collection services. The company I used for comparrason was Harlands Services LTD licence no 0526531. Even if MT collect could trade on CFO's licince they should declare Mitigate trace and collect and Mcall Repo as they are names that are used. CFO'S licence also dosent cover Debt collecting to be able to collect debts they would need catergory F debt collcting on thier licence.

If any one knows of any other trading names that mt collect are useing or have used please let me know. I am aware that they have previously traded as Carter and Co and also failed to declare this with companies house.

Edited by matt3333
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It dosent look good for MT collect / Mitigate trace and collect if they are found to be unlicenced :-D

It is a criminal offence to carry out any activity that requires a consumer credit licence before a licence has been issued to you.

Even if you have a licence, it is an offence to carry out any licensable activities that are not covered by that licence.

Unlicensed trading is punishable by a fine, imprisonment, or both.

In addition, if any of your customers were to default on a payment, you would not be able to enforce a credit agreement that you had made while unlicensed, or where an unlicensed credit broker was involved.

An agreement for the services of a credit broker, debt collector, debt adjuster, debt counsellor, debt administrator, credit reference agency or provider of credit information services cannot be enforced if the agreement was entered into when the business was unlicensed.

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Do mitigate trace and collect / mt collect declare that they are a trading title of capital finance one on any letters they have sent. Do they declare any registration number or consumer credit no. I have unfortunately never recived one of their letters and only had a threatening text.

 

I have only seen one letter on the forum and MTC make no reference to them being part of CFO, only that they are collecting on behalf of CFO. The letter also does not include any licence or registration details whatsoever.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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Have made complaints against CFO to BCCA and FOS. BCCA have been quite helpful but not sure what their powers are or whether they would take any enforcement action against an alleged 'rogue' member.

 

CFO have finally responded on the back of this. Claiming unable to contact me despite my emails to them. They go on to add that I supposedly applied for numerous other loans with them. I can categorically say this isn't the case. They provide the dates but no evidence to substantiate their claims.

 

A fairly expected response albeit with claims of alleged applications for further credit.

 

I will reply to this and cc. the BCCA but am hopeful when the FOS pick it up and the OFT they might have more teeth.

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Did you apply to any other payday loan companies? I think these companies pass details around each other

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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