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    • I have never heard of any such law. Please post a link to what you have read online that explains this law. And please confirm whether you were ever married to or in a formal Civil Partnership with your Ex.
    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
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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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