Jump to content


  • Tweets

  • Posts

    • 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
    • I don't think so. The information is supposed to be incorporated as part of the manufacturing process.   Most of the providers who flout these regulations get away with it because they say that their produce is a "show plate." Those producing legal plates are registered with the DVLA and will insist on ownership documentation. Here's some FAQs from a legit supplier:   Frequently Asked Questions - UK Registrations (ukregplates.co.uk)   A couple of those questions and answers: Do your number plates include your legal details? / Are your number plates road-legal? All of our number plates feature the required legal markings. This means that the text "PLATE FINDER SM1 4NG" will be shown on the bottom centre of the plate and "BSAU 145d" will be shown on the bottom right of the plate. This text allows the relevant authorities to find out which company produced the number plates if required. Do you require documentation? As a DVLA registered number plate supplier, we have to request documents that prove your identity and that you can use the registration number. We understand this is a slight inconvenience, but do our best to ensure sending documents to us is made as simple as possible. Be aware of other suppliers that do not request these documents, as it may suggest the replacement number plates they are producing are not road legal. [my highlighting]   When sending in documents we require one of each of the following: To confirm your identity driving licence utility, Council Tax or rates bill from the last 6 months bank or building society statement from the last 6 months national identity card To confirm you can use the registration vehicle registration certificate (V5C or V5CNI) new keeper supplement (V5C/2 or V5C/2NI) of entitlement (V750 or V750NI) to the number retention document (V778) - not applicable in Northern Ireland a renewal reminder for vehicle tax or SORN (V11 or V11NI) temporary registration certificate (V379 or V379NI) a number plate authorisation certificate (V948) with an official stamp from the Driver and Vehicle Licensing Agency (DVLA) or Driver and Vehicle Standards Agency (DVSA) an electronic number plate authorisation certificate (eV948) a letter of authorisation from a fleet operator (including lease or hire company) quoting the document reference number from the registration certificate This is a link to the DVLA's register of authorised number plate suppliers:   Find your nearest number plate supplier - GOV.UK (www.gov.uk)   If you wanted street legal plates it seems you may have done your money.  
  • Recommended Topics

  • Our picks

    • Ebay Packlink and Hermes - destroyed item as it was "damaged". https://www.consumeractiongroup.co.uk/topic/430396-ebay-packlink-and-hermes-destroyed-item-as-it-was-damaged/&do=findComment&comment=5087347
      • 33 replies
    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
        • Haha
        • Like
    • 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
  • Recommended Topics

  • Recommended Topics

Death of estranged father in law - Estate


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1713 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I was wondering if some kinds souls could offer some direction.

 

 

My wife's father ( who has been estranged for approx. 20 years ) has passed away. She has bee informed by her Uncle that there is no will so it falls to my wife and her brother as beneficiaries.

 

 

Her Uncle asked if he could be executor of the estate and gone as far as to assign a solicitor. On contact by the solicitor to see if my wife agrees to this, she said no. My wife and brother in law would like to be executor.

 

 

The fear is that the Uncle will not take kindly to this and may be ...obstructive. How would be best to ensure we obtain all relevant accounts ( there are a few by all accounts) and keys to the property.

 

 

We are looking to instruct a solicitor to handle but firstly want to get a ball park figure as to the estate size.

 

 

Any guidance / thoughts appreciated!

Link to post
Share on other sites

You'll need a death certificate and ideally knowing the banks where the money is.

If you don't know you can check your fil credit report (when I say you I mean your wife which is one of the beneficiaries)

Then you can go to the bank and ask for account balance.

Not much the uncle can really do apart from stealing money if he's got access to your fil bank cards.

But any transaction made after death will be easily identifiable.

Link to post
Share on other sites
You'll need a death certificate and ideally knowing the banks where the money is.

If you don't know you can check your fil credit report (when I say you I mean your wife which is one of the beneficiaries)

Then you can go to the bank and ask for account balance.

Not much the uncle can really do apart from stealing money if he's got access to your fil bank cards.

But any transaction made after death will be easily identifiable.

 

 

Ok so we can submit credit requests on the FIL, any ideas how? Didn't realise that. I am sure they will oblige with the house keys etc. It's the accounts which would be the ones to "slip their mind". So all accounts ( savings accounts etc) show on a credit report...pardon my ignorance.

Link to post
Share on other sites
Ok so we can submit credit requests on the FIL, any ideas how? Didn't realise that. I am sure they will oblige with the house keys etc. It's the accounts which would be the ones to "slip their mind". So all accounts ( savings accounts etc) show on a credit report...pardon my ignorance.

 

As far as I know and looking at my own credit report, all accounts, credit cards and loans are listed there.

Once you know which banks to contact, make an appointment and bring id and death certificate so they can give you a balance figure.

They're usually very sympathetic in these situations

Link to post
Share on other sites

Have a look at the following link, you will need to check all 3 cra's as not all companies report to all cra's

 

http://www.experian.co.uk/consumer/questions/askjames264.html

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

Link to post
Share on other sites

thanks all for your guidance on this! very much appreciated!!

 

 

so this is a better option than any legal letters to force disclosure from my Uncle in law ( if that's a term)

Link to post
Share on other sites

In the first instance, and before any other action is taken, the executor must receive legal ratification of his or her right to take control of the assets in the estate. This requires them to apply for a Grant of Probate from the Probate Registry, which it will be necessary to produce before any bank or other relevant institution will hand over control of assets.

 

Then you can deal with your Uncle.

 

Andy

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

In any case, if there's no will, your uncle would not have any right to be appointed as executor unless the beneficiaries agree.

Bear in mind that as Andyorch pointed out, you'll need to apply for grant of probate and do it quite quickly.

The probate registry office is quite efficient in my experience, but the last thing you want is a mistake giving your uncle legal status as executor.

First of all I would write to your uncle solicitor denying in very clear terms permission to act as executor and explaining that he's got to stay out of this matter.

Then contact the banks and let them know that there's a possibility that unauthorised transactions might take place so they can block them (your uncle might have access to online banking or bank cards, cheque books etc.)

Link to post
Share on other sites

uncles solicitor has now been in touch asking my wife to revoke her entitlement to the estate ( probably awful wording).

 

 

She would like to refuse this and also advise that she would like, alongside her brother, deal with the estate and also requires any information on the estate that the uncle currently holds .

 

 

Could someone help us word this please? Speaking to the uncle it is their request that any information is requested in this fashion :-(

 

 

sounds odd but currently we don't even have a death cert / address

Link to post
Share on other sites

Im sure he means revoke your request to act as Executor...he cant ask revoke her entitlement to the estate...shes the main joint beneficiary:-D

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 The National Consumer Service

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites
Im sure he means revoke your request to act as Executor...he cant ask revoke her entitlement to the estate...shes the main joint beneficiary:-D

 

Or maybe the solicitor is shooting in the dark hoping to get your wife to refuse her inheritance.

Very long shot in the dark!

Link to post
Share on other sites
Or maybe the solicitor is shooting in the dark hoping to get your wife to refuse her inheritance.

Very long shot in the dark!

 

Thats unfortunately the suspicion we have king.

uncle believes although no will, that he knows the deceased wishes which did not include my wife.

Link to post
Share on other sites
Thats unfortunately the suspicion we have king.

uncle believes although no will, that he knows the deceased wishes which did not include my wife.

 

That's irrelevant now though, intestacy rules kick in if there's no will.

 

Are you able to tell us what the letter says about what they want your wife to revoke please?

 

HB

Illegitimi non carborundum

 

 

 

Link to post
Share on other sites

This sounds like a classic case of the uncle who was close to the deceased and finding it hard to accept that he will not inherit anything.

If it's true that your fil wanted to exclude your wife, he should have left a will.

Too late now, she will share the pot with her brother leaving the uncle dry.

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...