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    • 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
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
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    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
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Acenden Repossession Order ** ORDER SUSPENDED **


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If there are no arrears then there can be no possesion. Have you been in contact with the lender to explain why you are in arrears and when you expect to clear them ?

 

What date is the hearing ?

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The hearing date is 18th June, Capstone tried to do this once before when I was in credit, they actually sent me a letter stating arrears £0. I only received the letter tonight when I got home, but last time they said it was because my payments were erratic due to being self emloyed the payment dates are always different, they have charged me a late payment fee or management fee every month for as long as I can remember but I have always just added it onto my monthly payment. I did not know they had changed their name again, I thought it was Ascenden now.

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. Have you been in contact with the lender to explain why you are in arrears and when you expect to clear them ?

 

 

Can you answer the above please

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Hi

 

This is from OFT Public Register and whats interesting is look at there licence status:

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Hi

 

This may also be a useful read it the "Mortgages - Conduct of Business" from the FSA website:

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Well I have phoned them and they say they have not recieved my last 4 payment £1650. I sent these by bank transfer and these amounts are showing as going out of my account, i have to phone on friday to see if they have located them. Other than that I only owed £196 which is this months as I over paid last month, I paid that over the phone, however they charged me £5 to do it. They said they cannot cancel the hearing, but would consider it, if the payment was found. My bank statement does show details of these payments.

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Did you do the bank transfer by internet banking?

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I bet as soon as you send in a defence to the possession claim they'll find your payments pretty sharpish. They won't want a judge giving them a hard time

 

Did you put your account number as a reference in the transaction ? Might be worth checking with Halifax that all the payments went through ok.

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Yep, my account reference was on their, this was set up quite a while ago and they have always received the payments ok before, however when I telephoned them, they said they had no correspondance details or phone numbers for me, as I did not live at the property anymore, I informed them that I did and had to give them all the information again. I have come in from work today to a letter from Lightfoots addressed to the occupier, saying there is going to be a repossession hearing. I have checked with the Halifax this afternoon and they say that the payments went through ok and have not been returned. I go away to China on business in the next couple of weeks, I could have easily missed this and come back to no house.

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Hi

 

Just an Idea write to company concerned asking for conformation that the ammount has not been recieved and once you get the letter contact Halifax and ask to speak to fraud team and forward them the letter.

 

If that company are saying they didnt recieve it and the bank are saying they did pass it back to the bank to investigate. (certainly wont look good if bank do investigate and it turns out the company did actually recieve)

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What date do you go away on business and would you be back before the hearing on 18th June?

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No set date yet, provisionaly early June, but I'm going to try to put it off. Do you think I would be better paying the £1650 again with a card until they find my original payments.

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There's plenty of time for them to find the payments before you go away, I wouldn't pay them any more money yet. Can you get print offs of each of the transactions you made from your internet banking ? If so, photocopy them and send to them with a covering letter asking why they haven't been allocated to your account.

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Well I phoned them today, offering to fax through bank statements, strangely after contacting their finance dept, they have found my payments and I was informed my account was upto date. However they informed me that they have been charging me per month £5 for paying by bank transfer, £35 late payment fee and £115 for the account being with the litigation dept, and previously to the litigation £85 management fee. I do round up my mortgage from £335 to £550 every month to cover any fees and this is why I haven't gone any further into arrears, but isn't this a bit excessive. She told me the only way to avoid paying a £5 was to pay using their website, and to pay at least 7 days before the 1st to avoid late payment fees as thats how long it takes to get to their account even with instant bank transfer.

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So they are cancelling the hearing then ?

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You don't want it adjourned - you want it cancelled. If there are no arrears then there is no case to adjourn.

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They did say they would adjourn it, not cancel it so that it could be heard again at a later date if any arrears appear on the account. If they do not receive the £335 for June by the 1st they said they will press for repossession, but they did say that they will confirm in writing that they have found the missing payments and there is at the moment no arrears on the account, but she couldn't be sure if they would be adding any more charges this month, and these would need to be paid with my June mortgage payment. I think they want me to have to go to court.

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