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    • 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
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Claim Form DLC/Hillies old-MBNA credit card *** Settled by Tomlin Order***


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claimant stated that they will not oppose set aside (unless they now change their mind!)? so, forthcoming hearing is to confirm the set aside and then re your strike out app'n which they will oppose? if no strike out, then should continue as norm? unless J decides things otherwise?

each parties WS can be addressed.

check with andy :)

Edited by Ford
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Hi

 

Just a few questions after a little thought and discussuon:

 

The Notice of hearing of Application states "The hearing of the defendants application for judgement to be set aside will take place at......." No mention of my strike out application. Is that an important omission?

 

Would this hearing possibly continue on to consider the claimants original claim, or would that be a seperate hearing, as currently we have not filled out the DQ and I have not seen any additional evidence from the claimant except the agreement, T&C and DN so would be hard pressed to respond without being able to consider their evidence?

 

If the claimant is not opposing the set aside, could the DJ go against that and let summary judgement stand?

 

Many thanks

 

A

Edited by Alloyz1
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No it's not an important omission and nothing to worry about as long as your application asks for a strike out.

 

The judge will probably give directions for filing DQs etc at the hearing if he doesn't strike out the Claimant's claim.

 

There's no way to predict what will happen so best be as prepared as possible.

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Appreciate that Ganymede, I think I have everything in order but would appreciate someone having a look at my WS to make sure there is no obvious errors.

 

I have submitted my WS as evidence to support my application to set aside and strike out, but we have not got to the DQ or disclosure stage yet in the original claim, so presume I could alter it as it has not been submitted in response to the original claim?

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Appreciate that Ganymede, I think I have everything in order but would appreciate someone having a look at my WS to make sure there is no obvious errors.

 

I have submitted my WS as evidence to support my application to set aside and strike out, but we have not got to the DQ or disclosure stage yet in the original claim, so presume I could alter it as it has not been submitted in response to the original claim?

 

 

 

Sorry when is your application being heard?

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Ok so you have a few weeks.

 

You can't really amend the WS served with the application but as a LiP you could just play dumb and serve a new WS on the Claimant and the Court as soon as possible if that's what you want to do.

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Responding to your PM Alloyz.

 

I see Gany has clarified your queries.

 

Regards

 

Andy

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alloyz

have a look for eg at cpr rule 3.4 and associated practice direction 3a, which is the basis of your SO application. if they negate that ie show 'reasonable grounds' for bringing their claim, then J wouldn't ordinarily strike out their claim?

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Hi ford

 

The set aside is the main part of the application, if I got strike out as well that would be a bonus! I will submit my WS proves they have no case.

 

I don't expect to get SO to be honest, but you never know and at least it makes the claimant work for it!

 

A

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" I will submit my WS proves they have no case."

 

Your WS should prove that you have a defence not that they have no case...they obviously have a case they have an agreement.

We could do with some help from you.

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The word Court conjures up visions of wigs/gowns and witness boxes....think of it more of a room with chairs and tables.

We could do with some help from you.

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Hi

 

Set aside and strike out hearing next week.

 

I submitted my WS to support my application to SA and SO.

 

The claimant has now produced a fully compliant set of T&C which addresses every aspect of my WS....... This set has never been produced in 4 years of dispute.....

 

My WS was based around the T&C they had previously produced? They have confirmed twice a different set were in place, until they recieved my WS and now these?

 

Further the OC has confirmed a totally different set were in place...

 

Any advice?

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Was this document disclosed at Standard Disclosure N265? pre judgment...have they permission to introduce it as evidence?

We could do with some help from you.

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We have not reached Standard Disclosure as yet.

 

They went for SJ and attained it. I did not recieve any application or supporting evidence at that stage, just a DO stating SJ.

 

I filed application to SA and SO and supported this with my WS.

 

Only after I filed this has this new compliant set of T&C been included

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Mmmmm I see .....as I have stated earlier in your thread Alloyz defences based on T&C or Default Notices are a gamble and weak...It may have been wise to accept their offer of settlement when they broached it.

 

REgards

 

Andy

We could do with some help from you.

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I sent a letter OC with the T&C claimant is relying on (or was relying on) asking if these were in force at the time of signing.

 

They have replied with 'no' and supplied the set in force at the time of signing (the OC set have never been provided by the claimant! and is not the claimants first or new set!)

 

I may need to change a few things with my defence I think

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Apologies, the above post is a bit of a panicked ramble...

 

I have this morning emailed the claimant a copy of the letter I have from the OC confirming which T&C were in force at the time the agreement was signed. The letter included the T&C the OC refers to.

 

The letter therefore confirms none of the T&C the claimant relies on are the correct ones.

 

Further, the T&C stated by the OC as the ones in force at the time I signed the agreement are not compliant with CCA74.

 

Lets see what I get back.... Very interresting Monday morning ;)

 

A

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