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    • Apologies I hadn't seen that uploads need to be in PDF.   I have received the attached letter from STA which I assume is a standard letter as I've never spoken to them on the phone. I'm not sure what they mean by 're-commence recovery action'? Do I just continue to ignore them?   I have been in contact with the Uni who insist I need to pay the fees as I left the course after the first three weeks. They have not provided any evidence/documents that I signed an agreement to pay the fees or that I acknowledged that fees would be due if the course was left early. They referred me to their website which undoubtedly has changed since I was there.    I appreciate I shouldn't reply to STA however I'm not sure how to proceed with this overall.   I've read the claim form page and I'm not clear if I can request a copy of a credit agreement from the Uni as I'm not sure if its standard for a University to have required a credit agreement to be signed?    I'm not really clear what happens next and at what point I need to act. I've read about lots of different cases (fee related and non fee related) but can't find information on a case that is similar to mine. Do I wait until the Uni begins a formal action? I am concerned as I don't want the amount to increase from the already significant amount they are demanding.     Many thanks for any help you can offer.  staletter.pdf
    • I have now received some interesting responses....   Firstly - Lowell have sent a without prejudice letter offering a settlement of £3750 for a single payment or £4000 payable in instalments of £50pcm   Second - Lowell also sent a previous letter with the copy of the agreement saying it was the one they filed to court in 2018.  However I have not yet had it acknowledged from the court that they received a certificate of service for this.    Third - The court wrote to me today from the proper officer stating a video hearing will be heard 14 May 2021.    Dealing with each one in tern, I see the court hasn't responded to my email asking them to strike out the claim on the basis that Lowell haven't adhered to the order and that I haven't received the original documents and have now set this hearing date.    I note Lowell are willing to take an offer which is of interest. However I am inclined on the costs issue and trying to 'get rid' of the matter as cost effective and expediently as possibly to make a counter offer (at what level I am not quite sure yet).    Is there a letter template to use to draft a settlement or something that I can use to start with?     In Lowell settlement letter they are claiming it is not statute barred and that a payment was made to them for £200.  I have tried to go through everything and all I can find with the help of Santander who were my bank at the time, is a payment of £200 paid to Lloyds, but this does not have a reference on it only a s/c and a/c number.    How best is it to proceed?   Court Order 22_02_2021.pdf Response to Order.pdf Offer Letter.pdf
    • yes I have conversed over email and sent them forms both in email and by royal mail, firstly with erudio, then they sent it to capquest, then it went back to erudio and now with shoosmiths for a few years now.   And yes they are well aware of my correct and current address, I have only ever moved once since the loan and that was before Erudio and it was all plain sailing with Saas/slc.
    • 2 days now and the insurers have done nothing - just making it much more stressful.  
    • Pretty sure you are correct its not by royal mail either they are well aware of you correct and current address? so I'd ignore them.   Did you converse by email previously?? And or send your forms via email? Or royal mail?
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Need some help please! How to enforce a last will and testament?


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Hi everyone

 

I found out this year that my father (who I'd never had contact with) had died over 2 years ago, and had left me £25,000 in his last will and testament (I have a copy of the will from public record).

 

However, the executor is my brother (who I've also never met) who inherited the majority of the estate, and after some difficulty in getting a response out of him, he has responded saying that I was removed from the will as a beneficiary.

 

The copy of the will that is on public record does have codicils on it, but they do not relate to the money I've been left.

 

My brother has now stopped contact, and I'm unsure of what the next step is!

 

The document is a high court document from the district probate registry at Oxford, but there is no contact details for anyone other than the executor (my brother).

 

Any advice please on how to proceed?

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Hello and welcome to CAG.

 

I've moved you to the general legal forum and left you a link to follow on the other forum.

 

People should be along over the course of the day with advice for you.

 

My best, HB

Illegitimi non carborundum

 

 

 

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You send him a letter explaining that the copy of the will on public record still has you listed as a beneficiary.

That unless he explains why you aren't a beneficiary that he (as executor) is in breach of trust by not making the bequests mandated by the will.

That if he persists in not explaining why you were not a valid beneficiary (or pays the bequest, since it has gone through probate for the will to be on the public record) that you will take legal action to hold him personally liable for his breach of trust.

 

Was he the sole executor? If not, copy in any other executor / PR.

 

Does he have assets you could recover a judgement from if it went to court?

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I found out this year that my father (who I'd never had contact with) had died over 2 years ago, and had left me £25,000 in his last will and testament (I have a copy of the will from public record).

 

However, the executor is my brother (who I've also never met) who inherited the majority of the estate, and after some difficulty in getting a response out of him, he has responded saying that I was removed from the will as a beneficiary.

 

Unfortunately, due to the amount involved and the fact that it is an inheritance dispute, your only real option is to get a solicitor involved. This could involve some expensive litigation through the courts, but you'd be able to claim the costs back after winning.

 

First step is to find a solicitor experienced in contentious probate with a proven track record of success. Avoid the no-fee-no-win outfits and be very wary of signing any Conditional Fee Arrangements.

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Hi BazzaS

 

In our short exchange of letters I asked him to provide evidence as to why I was no longer a beneficiary, his response was that I now needed to provide him with ID before he would communicate any further.

 

I sent the ID, along with further requests for any evidence that counter acts the public record document, but no he has stopped responding.

 

He is the sole executor.

 

In theory he should have a lot of assets! I found out that my father was a multiple property landlord, sold all the property, gave his other son (the executor) the majority of the estate before his death, then in the will left him about half a million that was left of the estate to hand over.

 

If the executor is no longer responding to correspondence, what is my next move? Do I need to get a lawyer? Because I'm not a rich person!

 

Thank you for your help by the way!

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If the executor is no longer responding to correspondence, what is my next move? Do I need to get a lawyer?

 

If the executor is not responding to any communication, then I'm afraid a solicitor may well be the only option.

 

Most will offer a thirty minute consultation and then offer a possible course of action along with some estimate of the costs involved.

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Hi Mr.P

 

Ok, thank you for the advice! Shame it has to go to this, but I'll look into getting someone.

 

 

 

Please do let us know how you get on, as any outcome might help others who find themselves in a similar situation.

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