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    • I have been living with my partner since 2013. But after the birth of our son in 2014 things became unstuck. We were living together but I was making plans to move out, even viewed properties etc and therefore began claiming CTC and WTC to ensure that I could afford to go it alone. Eventually we worked it out but it has been on and off for years. In addition to this, I was in a lot of debt, had lost my job and knew that (selfishly) I needed the tax credits to keep my head above water.  My partner has no idea that I was claiming and if he finds this out he will leave me for sure. The house, the bills, everything is in his name. I work but I dont make enough money to contribute to the house as well as pay all my existing debts (my partner doesn’t know about half of these either). I  once had a bailiff call at the house and I had to tell him about it. He was so angry and mortified (as was I) and I just feel like I am bringing so much shame onto our family. I have been living this lie for 6 years and I couldn’t find a way out of it. I know I have made a huge mistake. I just want to pay it back and try to move on from it. I’m worried that I will have to go to court, prison, or they will want to speak to my partner about it. I really don’t want him to know about this because it’s so shameful. From my estimations it could be between 28-30K. I have absolutely no idea how I will pay it back, as we wouldn’t be able to claim any further credits as a joint claim because he earns too much money.  I haven’t eaten or slept in days. I feel physically sick and I just can’t cope with the guilt and humiliation. I did make false claims and now I’m worried I will pay the ultimate price and lose everything I have.    
    • Hi All,   Hoping for a little help and advice please.   This company Link Financial are chasing me for a debt that I had as a credit card with Royal Bank of Scotland. Out of the blue and having no correspondence from RBS a few year back this company claimed I now owed them the sum of money. I have written in response stating I do not acknowledge any debt to Link financial and asked them to supply evidence of liability. I also requested a true copy of the alleged agreement, a full statement of account, a signed true copy of assignment and any other documents referred to in the agreement. I also enclosed  a £1 payment for the credit agreement request and clearly stated that this £1 payment under no circumstances should be set aside for any alleged debt and if the documentation can't be supplied the fee should be returned.   Link's response was just a small statement of account with credit agreement number, account number (same as the RBS number), date of agreement and transaction sheet where they had taken the £1 fee off the debt value after I asked them not to. There was no true copy of assignment, true copy of alleged agreement or evidence of liability.   For reference, In 2009 my debts started to mount after my wife I had lost a child and we weren't at work for months, so ended up paying the mortgage on a credit card. Eventually it got too much and the RBS took me to county court in 2011 where I received a CCJ and then RBS was granted a charging order on my property which is in my name only. I was ordered to pay a monthly fee.    I received my first letter from Link in 2016 just stating, we have not written to you in some time as we have had to locate your address. We would like to discuss your intentions regarding the outstanding balance on  your account. I had no correspondence from RBS about this so I thought this was a scam company.  Unbeknown to me I also realised the monthly payment to the RBS had stopped being taken directly from my account.   After a few letters backwards and forwards about me disputing Link and this debt today 26th February 2021 I have now received another letter from Link stating. As you are aware a charging order on the beneficial interest you have in the property at.........has been secured. They are now seeking payment and will accept monthly payments on the account in accordance with my current financial situation. If I chose not to settle in full or fail to complete and return the form below or contact them within 7 days they will take further legal recovery action. There is a little boxed section at the bottom monthly or weekly payments for me to fill in and send off.   I'm really at my wits end now of what to do next. I have two years left on my mortgage and finding it really hard to get through that two year financially, especially since this pandemic has really hit home money wise. The last thing I need is the family home to be taken away especially with a 10 year old in the home.    I really appreciate any help and guidance. Thank you.    
    • OK lets pick out a few words in the ramble   Free energy?  Slavery?  Constructive manslaughter?  Weaponised energy of 5g Biowarfare Only wearing medical masks for criminal intent   Please may I suggest an extra layer of foil on the tin hat?    Oh and FYI there is no class action in the UK... 
    • i thought that was the point of mediation, to show them that you think they havent got a case to go to court with? I realise you know far more about this type of thing than i do though, but i thought that not fulfilling the CCA properly - ie by not supplying t&c - was an automatic fail at court for them.   I dont know what to do now -   @Andyorchcan i have your thoughts too please   the hassle just makes you feel like giving in to them
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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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!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Do you need to use the solicitor named as executor in the will


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This feels a little awful as my mother is alive and kicking albeit in her 90s but I have never dealt with a will - everything was in joint names when my father died so there was no "estate". There will be little when my mother does "go home" as she delightfully describes it but I would rather sort it out liaising with my brother to ensure there are no debts! (He is abroad)

 

 

I have just read an article which says you do not need to use the solicitor named as the executor but feel I know so little about this and wonder where I would start. I wonder if someone could help just so I know the first steps and am not anxious when (she says she will live to 103) we get to this point.

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little or no inheritance then do it yourself, help can be obtained to find out precedence - straight forward no some over priced solicitor which would leave very little!

:mad2::-x:jaw::sad:
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Thank you Old Cogger. I just want to relax and forget it for the moment as you can imagine. I am my mothers POA so have slowly been transferring her files (as and when she is happy for me to do so) over to my house so I can go through everything and was surprised to see a solicitor named as executor but cannot think there will be much left to pay anyone!

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Thank you Old Cogger. I just want to relax and forget it for the moment as you can imagine. I am my mothers POA so have slowly been transferring her files (as and when she is happy for me to do so) over to my house so I can go through everything and was surprised to see a solicitor named as executor but cannot think there will be much left to pay anyone!

 

Having looked at a few articles it would appear it is often the Solicitors drafting the wills that put themselves down as executors. To remove them, they agree to step down from this role at the time of probate or you get a new will drawn up with your preferred executor named. Depends on whether your Mum is in a fit mental state to change the will now, so you don't have a Solicitor who insists on remaining executor when the time comes.

We could do with some help from you.

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Unfortunately my mother has Altziemer's unclebulgaria67 and, although she copes with quite a bit and we have helped her keep as much independence as possible I don't think she would be deemed to have the capacity (although she would argue that :-) ) This is why I have become so involved with her finances. So I would presumably have to inform the Solicitors of her death and ask them to step down.

 

 

Thank you - at least I know step 1 :-)

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I think that is the case.

 

At the moment, you have a will that cannot be replaced due to your Mums health, so the Solicitors will be executors, unless they agree to step down from the role and allow someone else to deal with it,

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 OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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