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    • Hi.   I'm only speaking from personal experience on this and don't know all of the legal stuff. I removed things from my mother's house after she died and just told the other executor. Perhaps you could offer to share photos of what you have?   Does the empty dwelling insurance cover valuables? If not, that would help you. There's a website I used for advice who were great, I'll post a link later. On my phone atm.    HB
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    • Hello  I'm dual executor in my mum's will with a brother. He basically has spent the two months since my mum passed arguing with everybody. Saying he has had enough. Hates us all. Blocked me contacting him for two weeks. I sorted my mum's funeral and paid for it. He just walked away from any responsibility. I started work on closing amenities etc. Sorting out paper work. We need to apply for probate. I realise I need his signature and agreement to move forward. I asked him directly what he wanted to do. He said he wanted to remain executor. I suggested he went and read up about what it meant.  So whilst he was sulking and off the scene. My uncle was letting himself into the house and rummaging. I can't prove anything but items remain misplaced at the moment. I decided to remove the family photos, stamp collection and jewellery and take it to my house for safe keeping. These things have been left for me in the will. They have great sentimental value to me. My brother is now back on the scene and is demanding I return them to the house as he didn't give permission. He has eventually agreed to the locks being changed and we are looking to increase the insurance to cover a unoccupied house with belongings in situ properly.  It bothers me greatly that firstly they are going to be left unattended and I also know that he wishes to secure some of the stamps himself. Regardless of them being left to me.  Am I legally in my right to refuse to return them or does everything in the house (regardless of what is written in the will) have to stay in situ till probate is awarded? Thank you so much for any advice.        
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my Barclaycard charges court claim- *WON + Comp INT**


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I filled a claim against Barclaycard charges. I was expecting to receive an allocation questionnaire form N149 not direction questionnaire N180 which does not contain the section G (additional information).

My question how do I attach the draf direction to the N180. Pease any advice ?

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I will ask for you :)

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2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Simples...you dont attach Directions to the N180 its Small Claim Track hence no G.

 

I am assuming therefore, if you have already submitted your defence tailored to the fact that no documents have been produced, then you would probably need to make application to the court on form N244 - which will incur a fee :(

 

Do you have a thread on the subject of this question ?

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Right, well ignore what I told you in post 4.. apparently in a Small claims the Court directs disclosure and stuff. However, as you are the claimant, I will flag your question for one of the experts and ask them to look in and advise. :)

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Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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What direction are you wishing to make?

 

Regards

 

Andy

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I would like add to the form N180 the following point:

 

Draft Order for Directions

 

1. The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

d) Copies of decided cases and other legal materials to be relied upon. If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

b) Whether such charge is accepted to be a penalty, and if not why not;

c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

e) Any witness statements.

f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order.

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I can only repeat what CB has conveyed already you dont make draft directions in the SCT only Fast Track that's why there is no G or section for draft directions...the DJ directs the process.By all means attach it to your N180 but it will be the DJ who directs.

 

Regards

 

Andy

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I was reading almost every case made against Barclaycard From Shelly case to trancyb and all of them received an AQ (N149). My question is why CCMCC send me an N149A and N180 rather than N149. I have 2 weeks to complete to file it to with the court office (CCMCC) and serve copies on all other parties.

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I was reading almost every case made against Barclaycard From Shelly case to trancyb and all of them received an AQ (N149). My question is why CCMCC send me an N149A and N180 rather than N149. I have 2 weeks to complete to file it to with the court office (CCMCC) and serve copies on all other parties.

 

The answer to this is there has been quite a bit of change in the forms and other stuff for small claims court :(

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

Uploading documents to CAG ** Instructions **

 

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

 

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

 

 

BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

 

Advice & opinions given by citizenb 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.

 

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I will attach the draft direction to the N180 as Andy suggested and let the DJ direct the process.Thanks you lot for the assistane and the help. Can anyone direct me to the link for preparing the court bundles.

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We could do with some help from you.

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would prob be best to tick to agree to that. they should do so as well. if it doesn't prove fruitful no worries, things will continue as is.

IMO

:-):rant:

 

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agreeing to mediation doesn't affect any liability etc if mediation proves unsuccessful and it continues to court.

as yours is small claims, any costs consequences won't ordinarily be so much of an issue. so, up to you.

check with andy etc if in doubt

Edited by Ford

IMO

:-):rant:

 

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Today, I received a letter (Without Prejudice Save As To Cost) from Barclaycard offering me to settled the dispute including

1) Copy of their N180 (Directions questionnaire).

2) Notice of discontinuance (N279).In case I accept their offer.

3) The also agree to this case being referred to the small claims mediation service.

 

I'm rejecting their offer because the offer is very low and I don't like their intimidation saying "Should you decide to reject the bank's offer, we reserve the right to disclose this letter to the court in relation to the subject of cost.

Please can any one advice how to publish the copy of Barclays letter they send me, so everyone can read it.

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set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc using paint program

but leave all monetary figures and dates.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

try http://www.pdfescape.com TO BLANK STUFF,

************************* ************************* ***********

or

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

 

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAGicon in the title

i'e Default notice DDicon-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

.

dx

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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