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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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    • 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
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      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.
       
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Hi Guys

just looking for some guidance and advice please.

 

My mother-in-law passed away middle of 2016.

My wife and her brother are named as excutors on the will

(which was collected from her solicitors).

 

My wife has taken the lead role in dealing with her estate.

The majority of the estate has been left to her with monies being left to grand children, only a few personal items left to her brother.

 

He was given up for adoption and only reappeared on the scene 12 years ago.

He had stated early on that he didn't want anything leaving to him as he was already set up for life kind of thing, even though money was left to his son.

 

My wife applied for probate in her name and requested power reserved for him as she needs to sell the house which has been left to her.

 

He is now saying that she has being acting fraudulently on the probate application because he hadn't signed anything.

 

He also seems to think there is another will, the will we have is lodged with probate.

We can honestly say that we have never found a more up to date will.

He has stated that he has researchers looking for a second will.

 

please can someone advise us, my wife is in total bits at the moment regarding this.

 

Also, we need to amend the details submitted to probate as we have now come across further assets.

 

Does anyone know what we need to do regarding this.

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Did the brother agree (either verbally or in writing) that he was happy to have powers reserved ?

If not, then he may well have grounds for a complaint, but to state that it was fraudulent is taking it a bit far without knowing the details & background.

 

How old is the original will ?

 

It could be that there is a more recent one, but if your wife has taken all reasonable steps to check, then she does not need to worry too much. The probate forms (and subsequent oath) only require the facts are accurate to the best of her knowledge.

 

As for the additional assets, would the value take the total above the Inheritance Tax threshold ?

If not, a quick phone call to the Probate Registry to ask for their advice would be in order. If the sums involved are relatively small, they may well say "don't worry about it".

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Hello there. I'm sorry to hear about your problems. It's never easy being an executor, your wife has my sympathies.

 

For what it's worth, children adopted out of the family don't have any right to inherit as I understand it. I guess this could be why the guy is hoping there's another will.

 

HB

Illegitimi non carborundum

 

 

 

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thanks guys for you input.

 

 

when my applied for probate she spoke to the district probate office, she was advised to change his side to powered reserved. She wouldn't have to seek his consent as he was aware she was applying for letters of administration.

 

 

regarding the value of the estate, we have found other assets and money totalling around 40K this would only value the estate at 120k therefore way under the tax threshold, just don't want probate kicking off

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The last one I was involved with which was similar Probate Office sent me a form for the named executor wishing to opt out to sign ?

We could do with some help from you.

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Yes we sent a form because originally he didn't want to act as executor, but said he wanted to stay at the last minute. So advised for power reserved. Now probate has been granted to my wife he is kicking off. She needed to apply because she wants to sell the house she has been left.

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The last one I was involved with which was similar Probate Office sent me a form for the named executor wishing to opt out to sign ?

AFAIK that is only applicable to executors who wish to renounce their executorship entirely, whereas no signature is required for power reserved.

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AFAIK that is only applicable to executors who wish to renounce their executorship entirely, whereas no signature is required for power reserved.

 

Okay.....so....

 

"My wife applied for probate in her name and requested power reserved for him as she needs to sell the house which has been left to her."

Why apply in her name only not joint and why was power reserved ?

We could do with some help from you.

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Power reserved just means the other executor(s) carry out probate without the power reserveds signature. The OPs wife has not done anything wrong. If her brother is not happy, he can apply for double probate meaning both will have to prove the Will. As for using researchers to find another Will, it sounds like he clutching at straws. The MIL solicitor has provided the last known Will and all he needs to do is check if there's another one lodged at the probate registry, this is an easy task. If I was the OPs wife I would ask the PR myself and ask the solicitor to provide written confirmation that they hold no other Will.

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regarding the value of the estate, we have found other assets and money totalling around 40K this would only value the estate at 120k therefore way under the tax threshold, just don't want probate kicking off

 

In my (limited) experience, I have found the Probate Registry to be quite helpful. As you are well under the threshold, HMRC wouldn't be interested (and they would be the ones to "kick off" if there was an issue). If you speak to the PR, they may well advise penning the new figures in on the relevant form and initialising it when the oath is sworn.

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