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    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • Thanks DX,   I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
    • Yeah That's correct. We left rent payment coming out of his bank account from January 2023 - August 2023 until we could find somewhere to sort out his belongings which was fine. I tried to give notice a few times from August 2023 asking for advice from Sanctuary housing how we went about this explaining his condition and that he was in a Nursing home from December 2022. I explained we don't have any legal powers to his account like POT but were in the process of going for Deputyship and that I was the named person to act on his behalf to speak with Santuary housing. I said we could provide details of his condition and proof he was now in a nursing home with date he moved in. This went ignored despite repeated attempts to contact them until a housing manager contacted us end of February 2024 and notice was finally accepted with his tenancy coming to an end March 22 2024. Although they have continued to take rental payments for the flat despite someone else living in it from the 1st April. I wasn't aware payments were still being taken till I checked his May banks statements. I had asked them to back date rental payments to August 2023 when I gave notice rather than just giving notice in March 2024 but they've ignored that bit. I don't see why they shouldn't give it back they've taken money they shouldn't have.
    • go do a Direct Debit Guarantee Clawback to your bank if you've now got control of his bank account finny.
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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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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Hi Everyone,

 

My Boyfriend is filing for Bankrupcy, i have been supporting him through this, however i am posting this thread for advice on myself, My Fiances are fine, I have a HP car which i have paid soley for the past 3 years, The logbook is in my name and so is the insurance. however my Fiance is a named driver on the insurance policy, i put him on the insurance last year. Can the OR take an interest in my car? i need my car for work and use it for business needs so cannot function nor earn money without it.

 

Thankyou.

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I can't imagine that being an insured driver is at all relevant to bankruptcy

Edited by Conniff
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Worry not you are the beneficial owner of the vehicle, the receiver in BR cannot have any interest in the car.

Anyone can be named on an insurance policy if the company accepts them it does not mean that they have any

financial interest in the vehicle.

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Thankyou for your replies. Mind is now at rest.

 

Ok No problems at all for you with this!

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Another quick one, my partner owes 34 thousand to the mortgage company for a house he owned with his ex partner, the house has been re-possessed would this be included in the insolvency? Thankyou.

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Is this a mortgage shortfall?

If so when did the repo take place, and have the mortgage company been chasing this?

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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Yes the shortfall can be included although his ex could still be pursued if it isn't statute barred. Not his problem I know, but just making you aware.

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Do you know if the lender is/was a member of the Council of Mortgage Lenders?

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Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

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What is statute barred? He does not speak to his ex, although his mum

Seems to think she took him to court over not paying the mortgage... The mortgage was with (Halifax) and it is the shortfall. They have already sent letter to my address in my partners name asking for the 34 thousand back... :/ thanks everyone.

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Statute Barred = Limitations Act 1980 lays down periods of time that govern the enforceability of debts and many other matters.

 

The Limitation on mortgage debt is 12 years for mortgages under seal, if the mortgage lender does not have had contact with the debtor for 12 years the shortfall cannot be enforced in court, how ever the Council Of Mortgage Lenders has agreed that its members will not pursue a shortfall by court action after 6 years in line with the limitation applicable to other debts

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