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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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Sudden Death and transfer of property


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Some advise please if possible for my Brother in Law.

 

My BIL and his wife about 20 years ago jointly took out a mortgage to buy a house,then about 15 years ago they split up but did not divorce, and she stayed in the house with the children(1 boy and 1 girl)and continued to pay the mortgage herself, eventually the son moved out and the girl stayed and helped pay towards the cost of the house(she now has her own familly and they all live there)

My BIL is still on the mortgage papers but has not paid towards it since leaving, he now has a partner and have lived together for many years, at the moment he receives help towards their rent and council tax because of unemployment

Now his wife has very suddenly Died (leaving no will)and it has always been her wish that her daughter would inherit the house,but there is nothing on paper, My BIL has said he has no problem signing over the house to his daughter, but will he be allowed to or will there be objections of Depravation as he recieved benefits.

 

Any advice I can give him please

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Some advise please if possible for my Brother in Law.

 

My BIL and his wife about 20 years ago jointly took out a mortgage to buy a house,then about 15 years ago they split up but did not divorce, and she stayed in the house with the children(1 boy and 1 girl)and continued to pay the mortgage herself, eventually the son moved out and the girl stayed and helped pay towards the cost of the house(she now has her own familly and they all live there)

My BIL is still on the mortgage papers but has not paid towards it since leaving, he now has a partner and have lived together for many years, at the moment he receives help towards their rent and council tax because of unemployment

Now his wife has very suddenly Died (leaving no will)and it has always been her wish that her daughter would inherit the house,but there is nothing on paper, My BIL has said he has no problem signing over the house to his daughter, but will he be allowed to or will there be objections of Depravation as he recieved benefits.

 

Any advice I can give him please

 

When he claimed benefits did he declare that he had interest in other property ? Although he was not in receipt of any rent, i think he would have to declare.

 

If he gave any equity away, it would be depravation, as presumably if he was legally entitled to some money, this might mean he would then not need to claim benefits.

 

If there is no will and the asset was not dealt with, then whoever is dealing with the estate will on receipt of the sale proceeds, have to send your BIL his legal entitlement, which would presumably be 100% of the money, as it was jointly owned.

 

I don't think they have any choice but to pay for a Solicitors to deal with this. Perhaps there is a way of dealing with this via some arrangement.

We could do with some help from you.

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Thanks for the reply unclebularia67

 

At the moment I cannot ask too many things, he his trying to look after his daughter and grandchildren as this has totally devastated them because it was so sudden.

 

If I can when appropriate I will ask for more information.

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Thanks for the reply unclebularia67

 

At the moment I cannot ask too many things, he his trying to look after his daughter and grandchildren as this has totally devastated them because it was so sudden.

 

If I can when appropriate I will ask for more information.

 

There is no urgency to deal with this. They should leave it to say sometime in January and see a Solicitors.

We could do with some help from you.

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Was the property held as joint tenants or tenants in common ?

 

If the former, the BIL would automatically inherit the property in full without the need for probate. In the later case, he would only own half and inherit the remainder in full under the rules of intestacy. In both cases, the outstanding mortgage (assuming there is still one in place) would have to be settled before anything could be done. Was there any life insurance in place to cover the death of the wife ?

 

Depending on how willing the mortgage company is with respect to someone else taking on the repayments, it should be possible to use a Deed of Variation to transfer the property to the daughter. Some will argue that this still counts as Deprivation of Capital, but personally, I'm not convinced. You (or rather the BIL) needs to take legal advice from a solicitor versed in both probate and benefits. He could find himself being refused HB on the grounds that he now owns a property in full.

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Mr. P said 'Some will argue that this still counts as Deprivation of Capital, but personally, I'm not convinced.' Sadly the DWP and LA would disagree with you. Morever the point , that has been alluded to earlier, is if the BIL, who is now in receipt of means-tested benefits, did not declare his half of the property he will be landed with a large overpayment bill and possibly worse. If he did declare it he has a year to use the money to buy another house before it becomes capital. With hindsight, if the person who died had wanted her daughter to inherit she should have made a will to that effect..

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I will repeat something i said earlier: The BIL needs advice from a solicitor conversant in both probate and benefits matters.

PLEASE HELP US TO KEEP THIS SITE RUNNING

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No... you can't eat my brain just yet. I need it a little while longer.

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I want to thank everyone who has commented.

 

I agree that if a will had been made everything would be so much easier, but when you are in you fifties it's not something a lot of us consider.

 

As I understand it she was taken to Hospital with swelling of the leg(s) and within 5 minutes of arriving she died,so not a lot of time to do anything.

 

I think as has been said "see a solicitor who knows about these things" is the only sensible thing to do.

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I think as has been said "see a solicitor who knows about these things" is the only sensible thing to do.

 

yep, or an experienced vol advisor.

but, to add generally. spouse, then it auto goes to the other spouse. subject to intestate and anyones entitlements/investigations, spouse can then do what they want with it.

IMO

:-):rant:

 

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