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    • Hi I have to agree with @unclebulgaria67 post#3 For the funding side of moving to a new area and it being private supported accommodation I would also suggest speaking to private supported accommodation provider about funding but also contact the Local Council for that area and have a chat with them about funding because if you are in receipt of Housing Benefit certain Supported Accommodation that meets a certain criteria is treated as ‘exempt accommodation’ for Housing Benefit purposes but you need to confirm this with that relevant Council in your new area especially since it is Private Supported Accommodation as each Council can have slightly different rules on this. If you have a certain medical condition look up the charities and also have a wee chat with them as they may be able to point you to different Grants to assist with moving costs and your question about funding for private supported accommodation as well.
    • Hi Just to be clear a Notice to Quit is only the very start of the Housing Association going down the Eviction route there is a long process to go. Also to be clear if you leave at the Notice to Quit date only and go to the Council claiming you are Homeless they will more than likely class you as Intentionally Homeless therefore you have no right to be given temporary housing by the Council. The only way that works is when the Court has Granted a Possession Order then you can approach the Council as Homeless with the Court Order. As for the Housing Association issuing the Notice to Quit because there investigation has proved it's not your main residence but you have witness statement to prove otherwise. From now on with the Housing Association you need to keep a very good paper trail and ensure to get free proof of posting from the post office with anything you send to them. You now need to make a Formal Complaint to the Housing Association and please amend the following to suit your needs:   Dear Sir/Madam FORMAL COMPLAINT Reference: Notice to Quit Letter Dated XX/XX/2024, Hand Delivered on XX/XX/2024 I note in your letter that you stated that the Housing Association has carried out an investigation into myself and came to the conclusion that I am not using this property as my main residence and have evidence of this and have therefore issued a 'Notice to Quit' by XX/XX/2024. I find the above actions absolutely disgraceful action by the Housing Association. 1. Why have I never been informed nor asked about this matter by my Housing Officer. 2. Why have I never been given the opportunity to defend myself before the Housing Association out of the blue Hand Delivered a Notice to Quit Letter. 3. I have evidence and witnesses/statements that prove this is my Main Residence and more than willing provide this to both the Housing Association and the Court. I now require the following: 1. Copy of your Complaints Policy (not the leaflet) 2. Copy of your Customer Care Charter (not the leaflet) 3. Copies of your Investigation into this not being my main residence.    As well as the above you need to send the Housing Association urgently a Subject Access Request (SAR) requesting 'ALL DATA' that simple phrase covers whatever format they hold that in whether it be letters, email, recorded calls etc. The Housing Association then has 30 calendar days to respond but that time limit only starts once they acknowledge your SAR Request. If they fail to respond within that time limit its then off with a complaint to the Information Commissioners Office (ICO).     
    • Hi Sorry for the delay in getting back to you The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke. So I would Ask them: Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge. Until the above is answered you require these Court Fees to be removed from your Account (Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)
    • Thank you for your responses. As requested, some more detail. Please forgive, I'm writing this on my phone which always makes for less than perfect grammar. My Dad tries but English not his 1st language, i'm born and bred in England, a qualified accountant and i often help him with his admin. On this occasion I helped my dad put in his renewal driving licence application around 6 weeks before expiry and with it the disclosure of his sleep apnoea. Once the licence expired I told him to get in touch with his GP, because the DVLA were offering only radio silence at that time (excuses of backlogs When I called to chase up). The GP charged £30 for an opinion letter on his ability to drive based on his medical history- at the time I didn't take a copy of the letter, but I am hoping this will be key evidence that we can rely on as to why s88 applies because in the GP opinion they saw no reason he couldn't drive i need to see the letter again as im going only on memory- we forwarded the letter in a chase up / complaint to the DVLA.  In December, everything went quiet RE the sleep apnoea (i presume his GP had given assurance) but the DVLA noticed there had been a 2nd medical issue in the past, when my father suffered a one off mini stroke 3 years prior. That condition had long been resolved via an operation (on his brain of all places, it was a scary time, but he came through unscathed) and he's never had an issue since. We were able to respond to that query very promptly (within the 14 days) and the next communication was the licence being granted 2 months later. DVLA have been very slow in responding every step of the way.  I realise by not disclosing the mini stroke at the time, and again on renewal (had I known I'd have encouraged it) he was potentially committing an offence, however that is not relevant to the current charge being levied, which is that he was unable to rely on s88 because of a current medical issue (not one that had been resolved). I could be wrong, I'm not a legal expert! The letter is a summons I believe because its a speeding offence (59 in a temp roadworks 50 limit on the A1, ironically whist driving up to visit me). We pleaded guilty to the speeding but not guilty to the s87.  DVLA always confirmed to me on the phone that the licence had not been revoked and that he "May" be able to continue to drive. They also confirmed in writing, but the letter explains the DVLA offer no opinion on the matter and that its up to the driver to seek legal advice. I'll take the advice to contact DVLA medical group. I'm going to contact the GP to make sure they received the SAR request for data, and make it clear we need to see a copy of the opinion letter. In terms of whether to continue to fight this, or to continue with the defence, do we have any idea of the potential consequences of either option? Thanks all
    • stopping payments until a DN arrives does not equal automatic sale to a DCA...if you resume payments after the DN.  
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Credit unions and death benefits


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I'm new to this forum so I hope I'm doing this right.

 

My mother passed away a couple of weeks ago.

 

She was well organised and made sure her affairs were in order.

 

She made a will and made sure there was enough money in the credit union to pay for her funeral.

 

When I went to the credit union with the death certificate and the will I was informed that it would take between 6 - 8 weeks to sort out.

 

I was also told that even though she left the money to me in her will the money would go to the person she named on the nomination form

and they couldn't tell me who that is.

This seems to me to be a very long time to sort out is this normal?

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Hi Granny bear

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.

Please be advised that my time will be limited for the next few weeks.Thanks for your understanding.

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Hello and welcome to CAG.

 

I've never dealt with a credit union, but I have dealt with probate and I know it isn't quick.

 

I'll move your thread to the legal forum and see if anyone knows the answers for you. There will be a short term redirect from here.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Probate takes several months usually to apply for and thereafter about 6 months to finalise. Who is named as the executor in your mother's will? Funeral (but not wake) expenses are usually submitted to the money holders e.g. the bank and paid by them directly so yes, it appears to be in order. Is the credit union just funeral expense cover? Any other property will need to be handled by the executor of the will in the usual manner.

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I received word from the credit union today that I am not the nominated person. My mother changed her nomination in 2003. I was told they are going to write out to the person today. This has now created other problems for me as I have received bills from the funeral directors, my mothers care home and a rates bill. The only other member of my family has told me if they are left the money they have no intention of paying her outstanding debts and it is my problem as her next of kin. I do not have the money to pay these. What do I do now?

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As the executor he has certain legal responsibilities; you can research these on line. Reasonable expenses can be submitted to her bank for direct payment. This would not include wake fees but these then form part of the debtors to be paid. You have not answered my question, what is the credit union policy? Your husband needs to collate a full state of your mother's financial affairs. An insurance policy will only pay out to a nominated person if it has been written in trust to this person. What was the size (estimated) of your mother's will and are you the named beneficiary in her will? The care home and rates bills form part of the claim on your mother's estate, not on you personally. If the insurance policy was left in trust then debtors cannot touch this I think (but the executor will need a copy of the policy). I suggest your husband contacts the credit union in his capacity as the executor of your mother's estate.

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The executor will collate a gross and net figure for your mother's estate and any outstanding debts will be paid. The funeral directors bill should be passed to your mother's bank for payment - assuming sufficient funds - or to the executor assuming that funds have to be liquidated.

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Can my family get my savings at death?

 

Of course! But first you must complete a Form of Nomination available at our Reception desk. On this form, you will be asked to name the person, persons or charitable group you wish to receive your shares in the event of your death. Derry Credit Union can disburse amounts up to £10,000 to the person(s) or group nominated upon request. (Probate must be extracted on amounts over £10,000.) By completing this nomination, you can be assured that the person(s) or group you intended to receive your shares will receive them without red tape or delay. You must update your nomination if you marry, divorce or if the person nominated dies before you. In addition, a properly completed Form of Nomination takes precedence over a will. As you go through the course of your life and update your will, make sure you update your nomination too! You may change your nomination as often as you like and you may name more than one person or group as your nominee.

 

This is from the credit inion website.

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OK. A really quick search says "The nominated property does not form part of a deceased person’s estate"..."The maximum amount that can pass under a nomination is €23,000. Any amount in excess of this balance becomes part of the deceased member’s estate" "However, a nomination is not revocable or variable by the terms of the nominator’s will."

 

So, whomever your mother names as the nominee will receive the funds and they may do with them what they will.

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"it will be necessary to check how the funeral will be paid for before making any arrangements; otherwise you may have to pay the bill yourself. It will usually be necessary to go through the deceased’s papers to establish their financial position.". You are in a most unfortunate position I fear. My heart goes out to you. "If the person arranging the funeral is in receipt of certain Social Security benefits, they may be able to get a grant or loan from the Social Security office to help pay for the funeral. An application should be made to your local Social Security Office". You might try and appeal to the good nature of the person receiving the money in the Derry Union Savings but if your mother did not change the nominee then they are not responsible for any expenses you have incurred with her funeral. Is there anything in your mother's papers that shows she did change the name and that the Derry Union may have made a mistake???

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  • 3 months later...

This thread is now in "General Legal Issues"

 

It is purely an administrative move.

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