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    • Sounds like you passed the "attitude test" then. Hopefully you should be OK.
    • Thanks for your detail response,   my car was registered in Cambridge and incident happened in london, he asked i did told him i comes london quote often , he laughed and said probably cos of good food.   He didn’t said anything you say maybe given in evidence etc After that he said you know you jumped redlight and u must have read in theory test you should slow down as approaching to signal, i did politely said yeh i know tht but this time i didn’t realised and after that he just handed over my license and we both left…he told me it’s dangerous to pass junction like this…
    • @dx100uk - hi, started new thread here.
    • Name of the Claimant ? Hoist finance UK holdings  Date of issue – 05 May 2021   Particulars of Claim  What is the claim for –  1.The Claim is for the sum of £2291 in respect of monies owing pursuant to an overdraft facility under bank account no.<redacted> 2. The debt was legally assigned by Lloyds Bank (EX LLOYDS TSB) to the Claimant and notice has been served. 3.The defendant has failed to repay overdrawn sums owing under the terms and conditions of the bank account.    4.The claimant claims The sum of £2291 Costs   What is the total value of the claim?    Account Claimed £2291 Court Fee – £105.00 Legal representation - £80   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   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 (did inform Lloyds, not Hoist) Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Overdraft   When did you enter into the original agreement before or after April 2007 ? after    Do you recall how you entered into the agreement...On line /In branch/By post ? In branch   Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes   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. Debt purchaser has issued claim   Were you aware the account had been assigned – did you receive a Notice of Assignment? No   Did you receive a Default Notice from the original creditor? No   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? Started receiving communications in 2019   Why did you cease payments? Last payment was in 2014 to Lloyds. I was unable to make payments as I had just finished my studies and wasn’t working. The account was then removed from my online banking and I had no access online or in branch. The next correspondence I received was from Robinsons Way/Hoist asking for payment 2019.   In addition, I responded to Robinsons Way/Hoist requesting the CCA on 19/02/2020. Hoist then sent correspondence on 23/02/2021 that Lloyds were unable to provide this documentation and that until Hoist received further information from Lloyds, they would temporarily cease action on the account whilst Hoist “waited for a resolution”. I have not received an update since then (except for this claim).   What was the date of your last payment? 2014   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 a debt management plan? No       Starting a new thread following on from this thread.   Background:   Student account overdraft with Lloyds Last payment made was in 2014 Robinsons Way/Hoist contacted in late 2019 Asked for CCA 19th February 2020 Received communication stating they were trying to obtain CCA 23rd February 2021  Robinsons Way/Hoist said they would cease action until they obtained information from Lloyds Heard nothing from Robinsons Way/Hoist until the CCJ claim Despite the lack of relevant information from Lloyds as per the above, Robinsons Way/Hoist marked the account as defaulted on credit file 11th March 2016  No idea how they came up with this date if they don't have necessary paperwork from Lloyds   Here are the Particulars of Claim for the OD:
    • Hi BankFodder, Thank you so much for taking the time to answer to my case. I have to say I always found great pleasure on reading eloquent mind like yours. Unfortunately my english is not by far as good as yours and I think few sentences on my previous paragraph might have been misunderstood. Apologies for that. I write in a rush, between one task and another, with two children grabbing my attention all the time, but you are right I should have taken more time to read through your forum. I did read though many of the cases reported (you see I don't even put the space in between the paragraph as you suggested to help people reading on small screen) and the only reasons I stated the 3 points in my second message is to tell you what is the position they have taken. I had read already about the insurance in your forum as well as the amount declared, but I was just reporting my case to you to have a full picture. It was naive indeed saying that the value of my items were £500, my bad. But I haven't changed the value 3 times like you mentioned. I firstly declared £500 when I paid for the service and then I declared £1200 when I filed for the small claim court (and recap all the evidence in my possess), so to them I actually just change the value once. Nevertheless my only worry was the fact that I had signed a contract with them where they stated (as reported in my previous message) they won't pay more than £300. But if you say that it's anyway their negligence of having lost my parcel (and of course I agree with you!), I am happy to refuse their offer and see where this is going. The parcel is lost and with it a lot of sentimental stuff, I guess I would feel better if I knew there was a bit of a fairer judgment. Although naive, I know that my actions were and are in good faith, I am not sure I can say the same about them. P.S. I also did claim interest when file for small claim court. One more thing, if this is going to court, do I need to get myself a lawyer?   Many thanks again for your help.   Kind regards, Anturia
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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Probate and Solicitors as Executors . . .


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Morning Caggers,

 

A friend of mine sadly lost his sister last year, you may have read my post about transporting her body through the country previously, and it transpires that she has had a history of mental illness, which culminated in her death due to an addiction of Paracetemol.

During her last few months it transpires that she has made some very odd decisions, possibly due to her mental condition, one of the strange decisions was to instruct a company of solicitors to be the only executor, strange as her mum is alive as is her brother and they have a family friend who is a senior barrister, or may even be a High Court Judge I believe. Anyway it is what it is and she did have a Will, again littered with odd decisions but it is her current Will . . .

 

The main issue for her family is that she did own a property, 50/50 with a Housing Association etc, and there was a small amount of money in her bank. The solicitors in question are doing nothing with the probate or estate, her mum keeps looking after the house and has been paying the Rent/Mortgage, Council Tax, all the Service Bills etc . . . The funeral director is chasing for their money too . . . and yet the Solicitors do nothing with the estate . . .

 

I'm led to believe that this is a common tactic by solicitors that sit on this for a year or two, to justify exorbitant fees which funnily enough equal what cash is yielded from the estate . . . please somebody tell me this isn't true as this would be a disgusting tactic by someone who is meant to be morally whiter than white and representing everything that this proud country stands for legally?

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Have you approached the solicitor to ask why they are are delaying things ?

 

I think you can ask them to step down as Executors, but if they dont do so willingly you might have to take action which could be costly.

 

I will try and find someone to help you.

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the family friend I mentioned who is a legal person, got involved to try and help but because in the eyes of the solicitors that the family have now taken legal representation they won't deal with the family at all and put the phone down on them stating "we cannot talk to you" . . . no courtesy, no explanation etc . . .

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I'm led to believe that this is a common tactic by solicitors that sit on this for a year or two, to justify exorbitant fees which funnily enough equal what cash is yielded from the estate . . .

 

Most of the probate cases that I know of that have been handled by solicitors were wrapped up fairly quickly. For simple estates without any complexities, six to twelve months is usually the norm. The client of the solicitor handling probate is the deceased, so he is highly unlikely to discuss anything with you.

 

As citizenB has pointed out, you can ask them to step down as executors - Check with the Probate Registry to see if probate has been granted.

 

Why is the mother paying all the bills and mortgage ?

These should be paid from the estate if the property is unoccupied, and depending on the L.A., CTX may not be payable.

 

Is there any equity in the property once the mortgage and HA share have been taken in to consideration ?

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it appears there is approximately £70-80k total equity which of course the HA have a 50% claim on, however, it appears there is no mortgage on the property, it was a cash purchase with the other 50% of course being rent payable to the HA. This isn't being paid and is of course wracking up, we're 6 months on since her funeral and i'd guess the debt stands at approximately £1800.

Council Tax apparently won't be due until after probate has been issued, service bills weren't paid for the first two months surround her death but mother is subsequently paying these, unsure of the costs involved.

The worry is if the solicitors in question drag their feet for another 6 months or even 18 months, what debt will be accrued re the house, funeral directors not happy at not being paid, legal fee costs and concerns with the property with bills, council tax and insurances etc . . .

The solicitors in question haven't been in touch with the family, the funeral directors to say they are acting as executors of the estate, A/ is this standard practice or B/ should they have acknowledged all creditors in writing?

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The bit about bills being paid by the mother is really worrying. This should be something that the executors need to deal with. If the solicitors are dragging their feet (either through incompetence or neglect of duty), the mother may not see the money being repaid. The funeral director should have been paid out of any cash available in the estate as they get priority over any/all other debts.

 

The one thing that might be causing delay is the Coroner's Office. They need to investigate the death as it is a suicide, and it is possible that that is the reason the solicitors don't appear to be doing anything.

 

Have you checked to see if probate has been granted via https://probatesearch.service.gov.uk/#wills ?

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