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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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Lowells/carter claimform OH's old CAP1 Card 'debt' ***Claim Discontinued***


MadMat
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Potential Issue - seems the CCA request+ postal order has got lost in the post :(

 

from royal mail track and trace -

 

Status: We have your item

Item BZ7xxxxxxxxGB was posted at Waitrose xxx xxx on 15/06/15 and is being progressed through our network for delivery.

 

give it a couple more days then send another one?

 

Mat

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  • 1 month later...

Returned home from a few days away to find a prezzie from Brian Carter waiting on the doorstep!

 

An allocation questionnaire - which I can deal with.

 

And the attached letter offering to negotiate a tomlin order - smacks a little of desperation to me, they've still not produced a single shred of paperwork to back up the claim. I'm inclined to send back the AQ agreeing to mediation and a hearing and ignore the letter at this stage. Would appreciate any thoughts as to why I should reply to the letter though!!

 

Mat

Edited by MadMat
typo
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Why agree to mediation if they haven't sent any paperwork to show the debt is legit

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Mainly to show any judge I may end up in front of that i'm willing to co-operate with the court, I have no intention of actually agreeing to pay them anything unless they do somehow find all the paperwork to give them a water tight case!

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Your decision to accept or ignore their offer...its just his last role of the dice before deciding to pay the hearing fee.

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 OTHER

 

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Another letter from Brian Carter today

 

"Please find enclosed a copy of our DQ, And also please note our clients would like to settle out of court, please contact us"

 

DQ Shows that they do not plan to attend any hearing - shows 0 witnesses including yourself

 

Last begging letter before discontinuing ???

 

Mat

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Just had an email about mediation - extract below

 

Not sure I should agree to it as

 

a) still not had a single scrap of proof of the debt

b) We are not prepared to compromise until we do see some sort of proof!

 

Mat

 

 

Mediation Requirements

 

 

Please read the following statements:

 

 

I can confirm that I am willing to compromise on this matter

 

I can confirm that there has been no police involvement in this matter at any time

 

I can confirm that I have enough information about the claim to allow me to enter into negotiations and that I do not require any further evidence from the other party before the appointment

 

I can confirm that I can mediate on the date stated above.

 

(Mediation appointments are limited and can only be re-arranged under exceptional circumstances).

 

Mediation is only available to you if you can answer YES to all 4 statements above. If you answer NO to any of the statements, mediation is not suitable for your case and you should contact the Mediation Team to inform them (email is preferable).

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Yes agree you must

Unless you filed the SB defence

 

Mediation team will ring

Simply state no paperwork

They'll state no point then

 

Dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 3 weeks later...

Another letter from our new best mate Brian Carter today

- enclosing some paper work at last!

Also yet again offering to enter into Without Prejudice negotiations to settle via tomlin order.

 

he's sent us a copy of the

 

"original agreement" which a copy of the standard ultra short application form Cap1 used back then, along with several pages of boilerplate T&C (Capital One ConfidentialV9)

"agreement at time of default" Which is another set of T&C, blank and unsigned (V14)

"notice of assignment" A copy of a letter that claims to be a notice of assignment from Cap1 dated 1/08/14

- curiously printed on plain paper, not the usual capital one headed paper! and appears to be freshly printed, not a photocopy.

 

if any of this is any use I'll scan and PDF it

- but as it runs to over 20 pages of mainly standard boiler plate

I've seen posted here many times before I'm reluctant to waste the time ;)

 

FWIW We are due to have the mediation phone call on Thursday this week

 

Mat

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would be nice to see it

including the edges

and the various number

pop every page into a word doc

then pdf that/

 

 

upload

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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OK did the best I could - they are pretty poor photocopies anyhow, and I don't have a scanner so it's been done with a camera in macro mode!

 

While going through them I noticed that her credit limit at time of default was £200 - so just how do they come up with a total outstanding of over £400? they must have been adding charges on like crazy!!!!

 

Mat

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what date did she take this card out?

that's an application form not an agreement

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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yes I saw that but means nowt

 

 

don't think #V14 T&C match that date either

 

 

short form application is not a credit agreement.

and for £400 I wonder why farter is even bothering.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

I intend to use the mediation appointment tomorrow to point out to them that they really have nothing and invite them to discontinue in order to save on being awarded costs when they lose at a hearing

 

During mediation am I allowed to point out that as my wife is a working mother on a lower than average salary that even if they do win in court it's going to be a hollow victory as her Icomes/Expenditures sheet will show she can only afford to pay a nominal monthly sum anyhow.

 

Mat

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During mediation am I allowed to point out that as my wife is a working mother on a lower than average salary that even if they do win in court it's going to be a hollow victory as her Incomes/Expenditures sheet will show she can only afford to pay a nominal monthly sum anyhow.

 

No I wouldn't be going into that kind of detail..let the mediator run the show...they will have set questions.

 

Andy

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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definitely allow mediator to run the show. just been through this whole process and won...... just listen to Andy and you will be fine, but be prepared to put in lots of effort to make sure you achieve all of the deadlines and look through as many threads as you can so that you can see what the next bit will be if it goes that far. mine went to court and i won.

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Well had the mediation call.

 

Didn't go quite as I was expecting after reading other threads on here, Mediator was somewhat combative, made false statements that supported the claimant and threatened me that it wouldn't look good in court if I didn't make a good faith offer of settlement!

 

He told me that I'm definitely within the 6 years as it goes by the default date not last payment date

He also told me that the ultra short application form would be accepted as a credit agreement by the court.

 

When I said I was reluctant to pay them anything as I'd seen no paperwork at all that proved the debt I was accused of wasting his time and tax payers money.

 

So I made an offer of £50 in full and final settlement, which was rejected. Lowells came back with an offer of £450 which I rejected. Call then ended as I said I'd rather take my chances at a hearing than go higher then the £50

 

To be honest it felt more like I was talking to an employee of Brian Carter than an impartial mediator!

 

 

Mat

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didn't think a mediator could make decisions on matters of law like defining sb date decisions?

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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