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    • Banks have different limits above which they require Probate. So it may be Probate is not needed, although as he died with no Will that could complicate things. Is all the £28k with Virgin Money? Your wife should contact all banks who hold his money with the death certificate and ask them what they need to release the funds to her. Most banks have a central "bereavement department". Check their websites. Use that department rather than general call centre or bank branch if they have one. Nearly every bank website has a section on "what to do when a customer dies" so have a search for that. Your wife may also have to provide evidence that she is his daughter. When his wife died it sounds like they had a joint bank account so that's why her money just went across to him. But as it isn't a joint account now transfer to your wife won't be quite that simple.  
    • That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • 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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Marlin/Restons Claimform - old Lloyd Loan 'debt' statute barred


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Already stated ...3 times submit the SB defence.

We could do with some help from you.

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Already stated ...3 times submit the SB defence.

 

Andy, I have asked what you think I should do in terms of the other issues I have posted.

 

No CCA

 

Amalgamation of Accounts.

 

If I just go with SB defence the judge will look at the accounts/statement that Marlin will produce and laugh me out of court as it states £50 paid Nov 2011....surely I should mention that this was for the OD not the loan and that I was unaware that the accounts had been consolodated into one big account

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Andy, I have asked what you think I should do in terms of the other issues I have posted.

 

No CCA Irrelevant its SB

 

Amalgamation of Accounts. see my last post

 

If I just go with SB defence the judge will look at the accounts/statement that Marlin will produce and laugh me out of court as it states £50 paid Nov 2011....surely I should mention that this was for the OD not the loan and that I was unaware that the accounts had been consolodated into one big account

see my last post

 

Andy

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Your last payment June 08 ..Default date August 08 claim issued Sept 14 = 6 years 1 months (almost)

 

 

I personally would submit the SB defence...ignore the amalgamation...ignore the payment made to the O/D you have no control how they appropriate payment...you personally never made a payment towards the loan...you wasn't informed it was amalgamated.They are not claiming the OD so any payments towards it are irrelevant.

 

Andy

 

I take ALL of these points.

 

My question is how can we make these points as part of a SB Defence?

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I take ALL of these points.

 

My question is how can we make these points as part of a SB Defence?

 

You dont or need to you are submitting a SB defence.

We could do with some help from you.

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On a side note, I went to see a solicitor about this a while back. Didn't pursue after he told me I might incur several thousand pounds worth of charges with them. I told him that was that then and not to do anything else that would incur costs.

 

Just received a bill for £550 for one session and a letter summarising our conversation. WTF!!!! I can't afford that and have just emailed him to that effect!

 

Am I completely surrounded by vultures???

 

So, Andy...This is all I should submit for now?

 

 

Defence

 

1. The Claimant's claim was issued on (insert date on claim form).

 

2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3.The Claimant's claim to be entitled to payment of AMOUNT CLAIMED or any other sum, or relief of any kind is denied.

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So, Andy...This is all I should submit for now?

 

 

Defence

 

1. The Claimant's claim was issued on (insert date on claim form).

 

2. The Claimant contends that the Claimant's claim so issued is a claim in contract and is statute barred pursuant to the provisions of section 5 of the limitation act 1980. If, which is denied, the claimant contends that the Defendant is in breach of the alleged contract, in excess of 6 years have elapsed since the date on which any cause of action for breach accrued for the benefit of the Claimant.

 

3.The Claimant's claim to be entitled to payment of AMOUNT CLAIMED or any other sum, or relief of any kind is denied.

 

Yes !

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Alrighty then....

 

I've been worried over this guys, don't be too harsh in terms of concerns I've had. You may have seen thousands of similar claims dealt with.

 

This is my first :/

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Alrighty then....

 

I've been s***ing myself over this guys, don't be too harsh in terms of concerns I've had. You may have seen thousands of similar claims dealt with.

 

This is my first :/

 

Good morning myotai.

 

 

In response to your PM the SB debt is what you must do.

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Hi all,

 

Letter from Marlin received this morning but dated 25th September???

 

"We refer to your recent request for a copy of your loan agreement.

 

We can confirm that we do not hold all of your information on file, therefore we have requested a copy from the agreement from the original creditor and will forward you a copy upon receipt.

 

Please forward all future correspondence regarding this account the Restons Solicitors Ltd"

 

I guess that needs translating as I'm sure I'm not supposed to take it on face value?

 

Thanks,

 

M...

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Thats a bummer...hope they find it before trial :!::lol:

We could do with some help from you.

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Thanks Andy ;)

 

Does that letter get them out of the 12 days +2 to produce the CCA?

 

Noooooo...12 +2 and counting

We could do with some help from you.

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They signed for the request letter on 23rd Sept. According to Lloyds yesterday no such request has been made.

 

:clock:

We could do with some help from you.

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Ha! What would we do if nothing received by say Monday as I have to submit a defence by midnight next Wed?

 

You are not waiting or relying on a respnse to a section 77/78 request....thought you would have submitted the SB defence last night

 

myotai you are really beginning to worry me...are you sure you should be defending this claim at all? You dont seem to understand the concept of a statute barred defence..

 

Andy

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You are not waiting or relying on a respnse to a section 77/78 request....thought you would have submitted the SB defence last night

 

Didn't finish work until late and have been out all day today.

 

If that letter doesn't change anything I'll do it now?

 

M...

 

myotai you are really beginning to worry me...are you sure you should be defending this claim at all? You dont seem to understand the concept of a statute barred defence..

 

Andy

 

I think I understand Andy. Certainly everything that has been said to date anyway. It's only protocols and times I am not entirely clear on.

 

You have all the info I have. If you say SB defence so be it. I just thought that letter may have shifted the dynamic.

 

M...

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Perhaps so if you were submitting a holding/putting them to proof defence....

..but your not.

 

 

It is entirely your decision which type of defence you submit.

 

 

..after all you will be in court not us.

 

 

We can only provide the hindsight and our experience dealing with 1000s of the same claims year in and out.

 

Andy

We could do with some help from you.

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But I'll have an opportunity at a later date if required to use the fact that they didn't supply CCA if I understand correctly.

 

I didn't realise that it's not a done deal if the SB defence fails and I have the opportunity of submitting a WS.

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But I'll have an opportunity at a later date if required to use the fact that they didn't supply CCA if I understand correctly.

 

I didn't realise that it's not a done deal if the SB defence fails and I have the opportunity of submitting a WS.

 

 

Myotai, If the CCA is not to hand they cannot enforce.

 

 

As Andy said get the defence filed.

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I will :D

 

I just want to understand what I am doing without merely doing it blindly.

 

Are you saying if the CCA is not produced by next week (12 days +2) then there's no case to answer to?

 

If so how does that work practically if its not mentioned in my defence (ie SB only)?

 

M...

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I will :D

 

I just want to understand what I am doing without merely doing it blindly.

 

Are you saying if the CCA is not produced by next week (12 days +2) then there's no case to answer to?

 

If so how does that work practically if its not mentioned in my defence (ie SB only)?

 

M...

 

 

 

 

If the don't have the CCA then the debt id unenforceable. As Andy has said 12+2 days and no more.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

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  • 1 year later...

Hi,

 

I recently attended court regarding an application I made to have a claim form struck out.

Thats not really the reason I dropped in here though.

 

 

The reason I am is because in the midst of the procedings the claimants solicitor suggested that the Cause of Action for my particular case was as soon as the final payment WOULD have been due on the fixed term loan.

 

I am wholly unfamiliar with this and given this might be what they're relying upon in the final hearing I need some help refuting this.

 

Basic details are:

 

CCA Loan taken out with Lloyds in 2004

Defaulted Jan 2008

Arranged to pay reduced amount

Stopped ALL payments in June 2008 - no other contact/payments since.

Account closed by Lloyds Oct 2008

 

DCA via Solicitors brought their claim in September 2014

 

Thanks...

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