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    • Can you complete this ASAP also:    
    • 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.  
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    • 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.
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      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
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Sent my claim letter off to halifax, never heard anything after the two weeks I gave them. Sent another saying more things, and giving them an extra 7 days. I recieved a letter saying that they are investigating the claims etc, and I will recieve a response very shortly. Along with all this crap about how to complain etc, and if I want to find out more to phone them blah blah blah.

 

Is this just a letter to fob me off or will they actually reply ? Should I give them more time or go ahead with the claim ?

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They will use every tactic they can to delay claims. What letters have you sent - are they letters from the library templates on this forum, as they give 14-days.

 

It is important that before you move on to any legal action you have properly requested that the bank repays you - and that you have given them a time in which to comply, along with the warning that failure will result in Court action.

 

 

 

 

 

 

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Seeing as I'm in Scotland, I sent them a letter from the goval law center. Very similar to the same as in the library here. Gave them 14 days, then sent out another one....

 

''

I am following up a letter posted on 21/03/2006, which you have yet to respond to. In the letter I outlined a request for all charges on the account to be refunded within 14 days, and that court proceedings would be started should the matter not be resolved.

I have attached a copy of the letter for your convenience.

 

I have calculated these charges to total the sum of £***.

 

Whilst your charges may be in line with those of other high-street banks, it does not excuse the fact that they are punitive in nature and so forth are unlawful in Common Law, Statute and recent Consumer regulations. The charges have pushed my account substantially beyond its overdraft limit resulting in more charges being incurred.

 

I now make a final request before action, for a refund of charges on the account to the sum of £*** within 7 days of receipt of this letter by way of personal cheque or direct credit to the account. Should you refuse to refund the charges within seven days I will start proceedings for recovery in the County Courts where you be eligible for an extra 8% APR as allowed by the County Courts Act (1984) which I have calculated to be an additional £18.80 in addition to my court costs.

 

Please note that only full satisfaction of my request will avoid court proceedings, any partial refund will be refused by myself as I believe I am entitled to this money.

 

There will be no further communication from me and I shall issue a claim at the expiry of this deadline.

 

Yours faithfully

 

''Pressleyno1''

Got a letter saying sorry blah blah blah, we're looking into it blah blah blah. So they've had two letters so I'm thinking of giving them until Wednesday next week to reply if not them Court proceedings WILL happen.

What do you all think ?

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Yeah, I'm looking into the details of this courts claim now. Do you NEED all the statements of the actual dates and cost of charges. I had phoned up and was told I had 7 charges, they didnt temm me the amount. So I took an average of the bank charges £28, £30, and £39 and multiplied that by 7 to give me a rought estimate.

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Yeah, I'm looking into the details of this courts claim now. Do you NEED all the statements of the actual dates and cost of charges. I had phoned up and was told I had 7 charges, they didnt temm me the amount. So I took an average of the bank charges £28, £30, and £39 and multiplied that by 7 to give me a rought estimate.

 

 

They could challenge your claim if you claim the incorrect amount - although with the sums involved they will probably either just pay up, or advise the correct amount and settle at that. Though it is always safer to go in with correct figures.

 

 

 

 

 

 

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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