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    • You say that you had some communication with Blue Motor Finance. Did you do this on the telephone or in writing? You should read our customer services guide. It's extremely important. You should try to do everything in writing but if you have to do things on the telephone then you should make sure that you make detailed notes of your call and then confirm them in writing. So for instance if your discussion with Blue Motor Finance was on the phone, you should make a note of everything that was said – including the fact that they said that the matter would have to be investigated because the dealer was prepared to carry out repair – and you should send this to be motor Finance with a note confirming that this was the conversation they had with you. It is very important to develop a paper trail. Otherwise everything becomes deniable. The situation is that if a defect occurs within the first 30 days of ownership of the vehicle then you are entitled to reject the vehicle under the Consumer Rights Act. You have to assert this right by contacting the dealer – and in this case Blue Motor Finance – in writing and point out that you are asserting a right under the Consumer Rights Act 2015 and you are rejecting the vehicle. Tell them that you want arrangements to be made to give you a refund of all costs including any costs or interest which has been levied by the finance company. Be tough with the finance company. Don't act as if they are do you a favour. Make sure they understand that you are not in the mood to muck around and you won't wait very long either. Don't forget that in this case because you have purchased the vehicle through hire purchase, it is Blue Motor Finance which is the responsible party. That is going to be helpful because if you had had to deal only with Chobham, you would have had very serious difficulties. In addition to writing to Blue Motor Finance to assert your rights, I suggest that you send them a copy of the article from the daily mail which has been linked above and you can draw their attention in your letter to the fact that this is the company that they are dealing with. You can send these messages to Blue Motor Finance by email. You should do this urgently. This weekend. You should also tell Blue Motor Finance that you have now taken advice and that you now understand that their initial statement that the matter needed investigation and that the dealer was going to carry out repair, is unacceptable and actually unlawful and contrary to the short-term right to reject contained in the Consumer Rights Act. Tell Blue Motor Finance that if they will not cooperate immediately in returning all of your money and cancelling the finance agreement that you will consider legal action against them for breach of contract and also for treating you unfairly country to their statutory duty under regulations developed by the Financial Conduct Authority. You should stop driving the car immediately. How far away from you is the dealer? Frankly you want to get rid of the car as quickly as possible. If you had not had finance in place then we would have cautioned you about this because you could end up losing possession of the car and also not having your refund. However, as you are dealing with a regulated finance company, and of course as the money has been loaned to you and you have not paid a great deal of it back it, your best interests would be in getting rid of the car so that it is no longer your responsibility to maintain, to insure or to generally worry about.   In addition to the hire purchase loan, did you pay anything on deposit? How did you pay? Did you pay by cash or by debit card or credit card? If you're confident then you should drive the car carefully to the dealer and leave it with them on their forecourt. Do not leave in the streets. You should photograph the car inside and out so that there is no argument later on as to the condition of the car when you returned it. If you are worried about driving the car then you should tell Blue Motor Finance that you want them to make immediate arrangements for the removal of the vehicle. Tell them that you are giving them seven days to organise this at the end of which you will charge in storage at £10 per day. This is assuming that you are keeping the vehicle on your own property and not on the road. As soon as you have got rid of the car, you should take immediate steps to inform the authorities that you are not the owner of the vehicle. Make sure that when you return the car it is returned with all its paperwork but you should use whatever portion of the V5 is necessary to transfer ownership away from you. Take copies of all the documentation before you hand them back. If you fail to do this and if the dealer does not change the ownership – then you are at risk of some other person driving it in your name and incurring penalties for road traffic offences or parking offences. That will then give you more complicated problems to deal with as you have to try and convince people that you are not the owner and not the driver of the car at the time. You should calculate exactly what this whole thing has cost you. This means all of your out-of-pocket expenses including the cost of going to see the car, going to fetch it, driving it back, any expense of insuring it or anything else because later on we will help you claim all of this back. Of course you will claim all expenses and fees et cetera associated with the finance agreement. As a matter of interest, how recent is the MOT on this vehicle? Who MOT'd it?  
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    • Please can you tell us about the car you bought - make/model/mileage/price.   What are the surnames of Nathan and of Alex?   What address are Chobham Central Motors using?   As you will see from this website and from the Daily Mail article -  Downfall of car dealer who sold death traps: Chancer forged court papers and refused to pay refunds | Daily Mail Online WWW.DAILYMAIL.CO.UK Ahmed Alwaheeb's firms sold cars riddled with faults - and which sometimes had government recall notices that required manufacturers to fix safety issues - but refused to refund customers.     You have bought your car from a bunch of dealers who don't seem to be very scrupulous about the way that they operate.  However, you have saved yourself by using a finance company.  I think that you may be the first people we have come across who have not paid cash to this company.   Citizens Advice are right that if your arrangement is a hire purchase arrangement then your action will be against Blue Motor Finance -  Home Page - Blue Motor Finance BLUE.CO.UK     Chobham used to be registered with the Motoring Ombudsman but they withdrew after some decisions against them.   The so called Motorcomplaints service which is apparently run by someone called Alex, is in fact part of the Chobham/EMC etc bunch and seems to have been setup to make customers think that their complaint has been reviewed by an independent arbiter - when in fact it hasn't.   The motor complaints service to which you been referred by Chobham and which is apparently run by Alex should not be confused with the Motor Ombudsman scheme which is a legitimate organisation although frankly it's probably not very useful anyway.   All of this has been reported to Citizen's Advice and Trading Standards many times and nothing has ever been done about them.  Even the Daily Mail article failed to prompt any authorities to take any action   Blue Motor Finance are wrong to tell you that they have to investigate first.  The dealer has no right to insist upon a repair as you have reacted and asserted your rights within 30 days of purchase.   You will have to get tough with Blue Motor and we will help you.  
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Am I liable for emptying a deceased's relative's flats unwanted furniture?


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Am I liable for emptying a deceased's relative's flat of unwanted furniture? My auntie recently passed away I very rarely seen her and was shocked that I had a phone call on the weekend saying she passed away in hospital, as I'm her only living relative, I contacted the housing association about giving her flat up, they told me I would need to clear the flat I told them I can't due to other commitments and living too far away, they told me I would be liable to pay then so much for 3 items, can they do this? Am I liable for any costs?

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I've already looked at that but didn't find it very helpful or clear, I certainly won't be paying for removals I will see citizens advice, people die every day without anyone left, who covers the cleanout of they are property

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Am I liable for emptying a deceased's relative's flat of unwanted furniture?

[...]

Am I liable for any costs?

 

The executor named in the will would be responsible for clearing the flat and any costs would fall to the estate. There are a few charities that will collect furniture (if it is in good condition) for free. British Heart Foundation is one. Failing that, there are house clearance companies that will come in and remove everything for a fee (I was quoted £120 last year), but they won't tell you if there is anything of great value.

 

The three questions that need to be asked are:

 

 

  1. Is there a will.
  2. Who is named as the executor.
  3. What is the value of the estate.

 

If there is no will, there won't be any named executors, and if the value of the estate is zero, then it is best to leave well alone.

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But you will be referred to as the next of Kin and as you have already phoned the Housing Association they now have you on file?

We could do with some help from you.

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The executor named in the will would be responsible for clearing the flat and any costs would fall to the estate. There are a few charities that will collect furniture (if it is in good condition) for free. British Heart Foundation is one. Failing that, there are house clearance companies that will come in and remove everything for a fee (I was quoted £120 last year), but they won't tell you if there is anything of great value.

 

The three questions that need to be asked are:

 

 

  1. Is there a will.
  2. Who is named as the executor.
  3. What is the value of the estate.

 

If there is no will, there won't be any named executors, and if the value of the estate is zero, then it is best to leave well alone.

 

If they are not an executor of a will and have no legal standing to clear a relatives flat, then i would question the legality of the councils request. In this situation, surely it is only the council housing association that has any legal responsibility as landlord, to secure the Contents of the flat, until such time as it can be established, who is the rightful inheritor of tbe contents. What if this lady had a large suitcase full of her savings and a Van Gogh on the wall. There have been cases where people living in modest homes, have left contents of considerable value.

 

When a relative died we had a local auction room that organised house clearances to clear the flat. There was nothing of major value and most needed to be dumped, but the value of items covered the house clearance.

 

Think i would be asking for more time and to go have a look at what has been left. In the extra time period allowed, you can make more enquiries.

We could do with some help from you.

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As has been mentioned, only the Executor has legal responsibility over the deceased's estate. Even then, the Executor can opt to relinquish that role. Also, I don't believe 'next of kin' is a legal title, just a courtesy.

That said, and has also been mentioned, it might be worth investigating the value of house contents.

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My auntie notified the hospital I was next-of-kin, I didn't know until the weekend i was i certainly didn't agree, but as being the only living relative she had I can see why she did it, I can't see there being any value to the estate as she struggled and was on benefits she was an old-age pensioner. Also there was no will, I have not taken anything from the flat as I don't need anything from their. But do need to read the gas and electric meter, I will see what citizens advice says tomorrow thanks all for the advice

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Irrespective of wills and executors ...as you are her only living relative it may be a nice gesture to finalise matters...as you state you have to attend to take readings......look at the link I provided and look at the ways of disposing furniture etc to worthy organisations that would be very grateful to be able to assist others....without any costs to yourself.

 

We can only hope that someone will do it for us when our time is up:wink:

We could do with some help from you.

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I agree I would rather a charity take what they could rather than go to landfill, but what about any remaining items as I can't afford any clearance fees

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Do you know if Auntie had any insurance for her funeral costs etc ?

 

Who currently has the keys to her flat ?

 

Who is going to arrange her funeral ?

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Yes luckily I found out her funeral was prepaid so no worries there thankfully, her carer has the keys.

 

That is good news :)

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I'd firstly check your aunt's bank account to see if there is any money,

many elderly people live frugally but often have a lot of money in the bank, for a rainy day .

 

 

If there is less than £500 in the account you should be very careful about intermeddling in the estate.

Your aunt may have been overpaid benefits, the HA will probably want advance rent for the flat, and the HB will have ended on the week of death.

 

 

Then there's the cost of clearing and cleaning the flat- nobody will do that for free,

you really should give it a once-over to see if anything's of value before inviting anyone in to clear it ,

cos they wouldn't tell you if the walls were covered in Rembrandts!

 

There could be hundreds of pounds worth of liabilities so if there's no money or assets just walk away,

tell the HA not to contact you again in relation to the matter or you will deem it harassment.

 

 

I know it sounds harsh and cynical but dealing with an insolvent estate is a world of pain,

as many creditors will (wrongly) seek to make you personally responsible for debts of the estate.

 

PS You can still arrange and go to the funeral.

Edited by konark
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I'd firstly check your aunt's bank account to see if there is any money, many elderly people live frugally but often have a lot of money in the bank, for a rainy day . If there is less than £500 in the account you should be very careful about intermeddling in the esatate. Your aunt may have been overpaid benefits, the HA will probably want advance rent for the flat, and the HB will have ended on the week of death. Then there's the cost of clearing and cleaning the flat- nobody will do that for free, you really should give it a once-over to see if anything's of value before inviting anyone in to clear it , cos they wouldn't tell you if the walls were covered in Rembrandts!

 

There could be hundreds of pounds worth of liabilities so if there's no money or assets just walk away, tell the HA not to contact you again in relation to the matter or you will deem it harassment. I know it sounds harsh and cynical but dealing with an insolvent estate is a world of pain, as many creditors will (wrongly) seek to make you personally responsible for debts of the estate.

 

PS You can still arrange and go to the funeral.

 

Agree with this. Don't assume there is nothing left by this person. An elderly Aunt of mine led a very frugal life and squirrelled away quite a lot of savings. Enough cash to pay about 3 years care home fees, without need to sell her small flat.

 

Somebody needs to go to her house to search through all the paperwork and see what they can find. There may be share certificates, building society books, other financial records. You won't know, unless you can visit and what you can find out. As a next of kin and not an executor, you are not responsible for paying any debts she might have left, but you don't want to see others profit. If it is found that she has left money, if relatives are not found within a certain period of time, the money goes to government treasury.

We could do with some help from you.

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Hi I am so sorry for your loss and the added pressure this situation is causes especially at a time when it really isn't needed but you need to be aware of the following.

 

1. Ensure that if the relative was on any Benefits at all to immediately inform (in case their is an overpayment).

 

2. You also need to be aware with the Housing Association that they will charge rent until the property is officially handed back (in circumstances like this some housing association give a set period rent free i.e 1 or 2 weeks) this is an example you would need to check with the Housing Association on there Policy.

 

The best advice I can give you is to speak to the Housing Association to try and come to a mutual arrangement about the property and it been cleared and handed back otherwise if you don't they will further add rent and charges if they have to clear the property (but these will be added to the tenants rent account) until the property is officially handed back.

 

I appreciate just how stressful this situation can be at this time but please speak to the HA.

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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a friend and i have just cleared the flat, but I still don't see why I should be responsible for doing it, but anyway it's done now end of story. thanks all for your advice. I know if she as been over paid after she passed away it needs to be returned, but what if she had money in an account before, is that legally mine?

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a friend and i have just cleared the flat, but I still don't see why I should be responsible for doing it, but anyway it's done now end of story. thanks all for your advice. I know if she as been over paid after she passed away it needs to be returned, but what if she had money in an account before, is that legally mine?

 

Hello there.

 

Someone asked if your aunt left a will, I can't see an answer to that. The answer will help us to advise you.

 

HB

Illegitimi non carborundum

 

 

 

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the OP stated in post #8 that there was no will

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Just done that survey.. the Crown can **** right off!!! I've still got access to the bank cards and pin numbers... So **** the Crown, I'm her nephew my father was her brother, im the only surviving relative she had, if I have got to take ownership of my uncle's grave for my auntie to be buried with him then it's good enough for me to take ownership of any money she left. ****ing government!!!!

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If she had no children of her own then she obviously had siblings. Do you know how many? How many children did they have. If the answer is only you then you will inherit, though as you haven't told us how much is in the accounts yet we don't know if to congratulate you or not. Remember the estate may well have to pay some debts yet, from the HA or if overpaid, from the DWP.

You did not have to clear the house but you'd have kicked yourself if there were any valuable assets in the house and you hadn't checked.

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I've still got access to the bank cards and pin numbers...

 

Without the proper authorisation, any attempt to access the deceased's accounts would be theft and possibly fraud. Before you empty the accounts, you must apply to the Probate Registry for Letters of Administration (often known as "applying for probate). Once probate has been granted you can then liquidate the assets, identify any remaining living relatives, and then distribute the monies according to the rules of intestacy.

 

Failure to apply for probate would leave you open to a very expensive litigation if an unknown cousin popped up out of the woodwork claiming a share. Intermeddling in an estate could also expose you to the risk of any debtors holding you personally liable. By clearing the flat, you may well have crossed the line of intermeddling. If you are in any doubts about possible repercussions, please seek the advice from a qualified solicitor conversant with probate.

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