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pmailkeey

Mum's dead - take one

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Hi All,

 

This is mostly for info - and comment :)

 

Mum killed herself in July 2015 - dying on the 26th.

 

On 19th Nov, we received a letter from a firm of solicitors claiming to have acted for Mum and hence seeking a payment from us of £573. The letter asks for our agreement to pay within 14 days ("accept our costs" ) or it'll take the matter to court.

 

The first odd thing about this is that it's the first time I've come across solicitors doing work before getting their sticky fingers on money first.

 

The second odd thing is that we're not aware of any solicitors doing work for Mum.

 

Why should we 'accept their costs' ? we surely may accept Mum's costs, but not theirs!!!

 

I just forwarded the letter to the SRA and stated that we're unaware of the firm and that no contract exists between them and our family.

 

We have not heard from the solicitors again.

 

Are we likely to ?

 

Mike.

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Hi,

 

Mum hated being in State Detention (SD) so much, she committed suicide in July 2015; she starved herself to death by refusing food, drink and medication.

 

According to the Coroners and Justice Act 2009, a death in SD automatically triggers an inquest. It would also seem that such an inquest will have a jury. It also seems where a death is a result of being in SD, an 'Article 2' inquest should be held.

 

I asked the coroner for both jury and article 2 - and he's refused on both counts.

 

What can I do to challenge this ?

 

On the basis of his decision(s) it would appear he's decided the outcome of the inquest prior to it ! I'm a bit baffled and your thoughts and guidance would be appreciated, thanks.

 

Mike.

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Ask for more info from the Solicitors, Ask exactly what they did for her? You wouldnt be personally responsible for someone elses debts, however if you are the exec of the estate after death then youd need to consider what assets there are.

But first check exactly what they are charging for. Who are the Solis?


 

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Looking at your other thread, I suspect that there may also be a question around capacity to instruct anyway.

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I have merged both your threads - you will find that people will be able to better advise if everything is in one place.


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I agree with previous posters : ask the solicitors for the details of how they were engaged and for what, and the details of the billing.

 

As for the inquest, contact:

http://www.inquest.org.uk/contact/home

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Ask for more info from the Solicitors, Ask exactly what they did for her? You wouldnt be personally responsible for someone elses debts, however if you are the exec of the estate after death then youd need to consider what assets there are.

But first check exactly what they are charging for. Who are the Solis?

 

I'll leave it to see if they get in touch again - no point in poking a bomb !

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Looking at your other thread, I suspect that there may also be a question around capacity to instruct anyway.

 

Bro and I were LPAs and we didn't instruct !

Nor were we aware anyone else did. Nor are we aware any solicitors did anything for Mum. So we'll just leave it and see if they contact us again and if they come up with some hard evidence. As I've said, it's totally bizarre that a firm of solicitors would do anything prior to payment if they needed a payment !

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I agree with previous posters : ask the solicitors for the details of how they were engaged and for what, and the details of the billing.

 

As for the inquest, contact:

http://www.inquest.org.uk/contact/home

 

That's another odd thing - no bill, just a letter.

 

I've tried inquest.org last year but I've not had anything useful out of them. That sadly is common - not just of Inquest but all sorts of orgs that claim to offer help!

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I have merged both your threads - you will find that people will be able to better advise if everything is in one place.

 

Keep everyone confused - it's the sort of thing I do and I keep getting told not to ! "1 e-mail for 1 issue".

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Not really please send a SAR ( subject access request to the alleged Solicitors and see what they come back with.

 

Since the was an LPA in force was this registered correctly with the Court of Protection?

 

When the Sols get back to you please let us know what they have sent. Because if instructions were given by your mum then if the LPA was done correctly (both parts)

1. Health and welfare

2. Property and finances.

 

You can argue that the debt was not correctly established.

 

Please send off the SAR asap. The fee is a tenner and demand every item of data including any and all agreements also transcribed telephone calls into and out regarding your mum..

 

For the SAR template just click the link...

 

Sorry for your loss...


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Bro and I were LPAs and we didn't instruct !

Nor were we aware anyone else did. Nor are we aware any solicitors did anything for Mum. So we'll just leave it and see if they contact us again and if they come up with some hard evidence. As I've said, it's totally bizarre that a firm of solicitors would do anything prior to payment if they needed a payment !

 

I meant your mum may not have had mental capacity to instruct the solicitors, which seems to be the case as you have LPA. There are specific rules solicitors are bound by when dealing with those who lack capacity.

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What's with tokens expiring and loss of message?

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What's with tokens expiring and loss of message?

 

Sorry?

 

HB


Illegitimi non carborundum

 

 

 

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That's what I was informed when attempting to send a response - and the message vanished. Couldn't be bothered to type it out again.

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Sounds like you were timed out from CAG. This is where you must have taken more than the allocated time to post. The team will advise how long you get to type.

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Wouldn't it just be better to remove the timeout?

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Maybe also an idea to contact a local solicitor or solicitor of your choice who should give you half an hour of their time for free.

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Maybe also an idea to contact a local solicitor of your choice who should give you half an hour of their time for free.

 

They will ask questions which haven't been raised yet on this thread.

 

Wishing you strength at this sad time.

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That's a thought - new thread time....

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Is there a reason why the post in reply to my post 19 has been removed?

 

pmailkeey kindly linked us to the full story.

 

Knowing the full circumstances helps the site to understand how to assist.

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You clearly want answers pm, may you find the right solicitor to look into your case in the detail which is needed, to get to the truth.

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Is there a reason why the post in reply to my post 19 has been removed?

 

Nothing to do with me.

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