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    • Just as the title says, if ever there was a good reason to ditch Micro$oft and move to Linux then this is it :-   Giving Windows total recall is a privacy minefield • The Register WWW.THEREGISTER.COM It's only a preview, and maybe it should stay there ... forever Help is available, most modern PC's can run a version of Linux suitable for your needs and it is not difficult to use or learn. Ubuntu is popular, new version is very modern Garuda Linux is the one I use, based on Arch, rolling release, bang up to date. I have friends and acquaintances, old and young, PC Literate and not. Most people who try it never go back to Windows Hamster
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    • a card should be 16 digits...urm... note your dates above please. do not miss them no matter what happens  ......................... pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’. Choose ‘Create sign in details’ to register for the first time. You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID. You should make a note of your memorable word, or password as these are not included in the email.  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .. get a CCA Request running to the claimant . https://www.consumeractiongroup.co.uk/topic/332502-cca-request-consumer-credit-act-1974-updated-january-2015/ .. Leave the £1 PO unsigned and uncrossed . get a CPR  31:14  request running to the solicitors [if one is not listed send to the claimant] ... https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ . .use our other CPR letter if the claim is for an OD or Telecom Debt or Util debt]  https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/ on BOTH type your name ONLY Do Not sign anything .do not ever use or give an email . you DO NOT await the return of ANY paperwork  you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count] ..............  
    • Which Court have you received the claim from ? Northamton, civil national business centre Name of the Claimant ? PRA Group Uk Portfolios ltd. How many defendant's  joint or self ? self Date of issue –  21 May 24 date of AOS - 07-06-2024 date for filing defence by - 21-06-2024 Particulars of Claim 1. The claimant claims the sum of £5600 for an outstanding debt owed. 2. On Mar 2000 the Defendant entered into an agreement with Barclays Bank Uk PLC for a credit card under reference ( 11 digit ref ). 3. on Mar 21 the defendant defaulted on the agreement  with an outstanding balance of £5600. 4. On Aug 21 the debt £5600 was assigned to PRA Group (UK) Limited, who itself assigned the debt to PRA Group UK Portfolios Ltd on Dec 23. 5. Notices of assignment were sent to the defendant in accordance with S136 Law of Property act 1925. 6. The claimant has instructed PRA Group (UK) Limited to act on its behalf in the recovery of the outstanding debt and to pursue litigation on its behalf. AND THE CLAIMANT CLAIMS 1. The sum of £5600 What is the total value of the claim? £6100  Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No - just emails threatening action   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? Yes   Did you inform the claimant of your change of address? no Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? credit card   When did you enter into the original agreement before or after April 2007 ? before - in 2000   Do you recall how you entered into the agreement...On line /In branch/By post ? I don't recall - I suspect post / online   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? am awaiting access - but I suspect it is    Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. assigned - debt purchaser has issued the claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? Pretty certain - Yes   Did you receive a Default Notice from the original creditor? pretty certain - Yes   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? there's been gaps - they went very quiet  Why did you cease payments? Covid lockdowns  What was the date of your last payment? i thought it was 2020 - they say 2021 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? no
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Will/Probate


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Hi all,

A sticky/tricky situation I have which requires your clever minds for advice.

My father recently passed away (1/5/14), and I believe he has made a will, according to my younger sister. My sister has told me that herself and my fathers' wife are named in the will although I do not have any proof of this and also have no reason to believe otherwise.

The thing is, prior to his death, my father had expressed his wishes that he would like to leave money to his five children (including myself). This money is what is left after he received compensation for contracting mesothelioma (asbestos cancer).

My fathers' wife had encouraged him to withdraw money over a period of time and he kept £30,000 at home in a shoe box so his wife would not have to pay rent on their flat when he passed away.

She also persuaded him to transfer money to her account from his and also to open a joint account.

He has left jewellery including a £10,000 Rolex watch and also a £5,000 ring, amongst other things.

My question is this; do I and my siblings have any right to his belongings. My younger sister has said that his belongings automatically pass to his wife and when she dies, what is left, passes to my younger sister and my fathers' wife's daughter?

I do not think it is right for her daughter to gain financially from my father's death as this is not money or possessions they had acrrued together, it is from an unfortunate situation.

Any advice would be truly appreciated. Thank you for your time

Mark

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It would depend entirely on what is written in the will.

 

If there is no will then on a very basic level all personal belongings and the first £250k of the estate would pass to the wife; the remainder would pass to the children in equal shares but the wife would get a 'life interest' in that.

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Thank you for your reply steampowered.

 

Because there is £30,000 cash sat in his flat, is this to be declared to HMRC or any other related body because as i see it, this is kind of illegal money.

 

How would i find out what is in the will and if there is one at all?

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Why do you think its illegal, if the whole estate is under £250,000 and there is not a Will, it would pass to the Wife anyway. If there is a Will naming the wife, again it would pass to the wife. Nothing illegal there.

 

If you ignore the £250,000 limit for now, this is how it goes. If there is no Will, everything passes to the wife (if under £250,0000). This includes all personal possessions. If you are not named on the Will, you are not legally entitled to personal possessions.This may seem unfair on the children of the deceased's former marriage, but thats what the law states. On her death, her estate would pass to who ever she named in her Will. If no Will, it would pass to her children and you would be entitled to nothing..

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Illegal in that my father's wife persuaded him to withdraw the cash over a period of time so she wouldn't have to pay rent on their flat after he passed away. Before his illness, as pensioners, they were entitled to a reduction in rent but because my father had the compensation and illness related benefits, they had to pay full rent. My father's benefit now obviously stops and if the £30,000 was in an account, this would put her over the savings threshold thus making her liable for full rent.

How do I find out if there is actually a will and what is in it, if anything.

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You could report her to housing benefit, but what would that achieve if there's a Will naming her. She will still be entitled to everything.

 

Back to the Wills existence.

 

- ask your sister for a copy. If she is unwilling, ask for executor details and contact them.

- check with his bank as they sometimes store copies (although if your not an executor they may not be helpful)

- check with his solicitor. If they have the Will they have a duty to tell the executor that they should distribute according to the Will. If you are a named in the Will, you are entitled to a copy.

- contact York probate sub registry office. For a £5 fee, if there is a copy registered they will provide one. You can also do a standing search so that when private is granted, you receive a copy

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Your father got married and as his wife is entitled to ALL that has been left and if they have been frugal to keep cash, then good luck.

That's just the way it works. In the absence of any will to the contrary then it will be up to the wife if she wants to give anything to his children. ( you can always ask for something, cash or goods as a gift. )

I would presume she is the one who has lodged the death certificate and claim form with the probate office for letters of administration, to get access to any bank accounts, insurances etc.

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Also if any accounts are in joint names, they will automatically pass to his widow anyway (subject to IHT if applicable).

 

By all means check if there's a will and go from there, but as I've said if it only names his widow then she gets everything and its up to her who she leaves it to when she dies. If she doesn't leave a will her estate goes to her children.

 

Also if your fathers widow dies before your fathers probate is carried out, everything would form part of her estate and go to her children (assuming dad and widow didn't leave a will).

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Thank you for your reply steampowered.

 

Because there is £30,000 cash sat in his flat, is this to be declared to HMRC or any other related body because as i see it, this is kind of illegal money.

 

How would i find out what is in the will and if there is one at all?

 

I know nothing about probate law, sorry, but just to be clear - it is not legal to claim Housing Benefit while having £30 grand stashed under the mattress. This money must be declared to the local authority when the claim is made.

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The poster doesnt know that the widow will try to claim housing benefit. I think it may appear that its a case of her being annoyed shes got her dads money so is trying to make life difficult for her. Like I've said, she should check for a Will. If it turns out that everything goes to the widow then that's the end of it. Stirring trouble will just split the family in two so what's the point.

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The poster doesnt know that the widow will try to claim housing benefit. I think it may appear that its a case of her being annoyed shes got her dads money so is trying to make life difficult for her. Like I've said, she should check for a Will. If it turns out that everything goes to the widow then that's the end of it. Stirring trouble will just split the family in two so what's the point.

 

Sure, yes. Just pointing out the legalities of the situation.

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