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    • Morning dx, Doc1.pdfStarted early to scan, the first 18 pages I have scanned which is covering letter and witness statement MK1.   Have a nice day. Regards  
    • We all saw this coming. The start of curbs on the Electoral Commission for daring to investigate Johnson's financing of the Downing Street flat refurb and Vote Leave's referendum spending.   https://www.independent.co.uk/news/uk/politics/electoral-commission-boris-johnson-flat-b1868407.html  
    • Here's Chris Grey's blog on Brexit for June, with thoughts on matters beyond the headlines and bluster.   Brexit & Beyond: Johnson and, um, integrity CHRISGREYBREXITBLOG.BLOGSPOT.COM In my previous post , I argued that I did not think that Joe Biden’s intervention, for all that it was reported to be diplomatically forcefu...  
    • thanks Dx. Yes I am having a look at other threads as well.  
    • You say that you had some communication with Blue Motor Finance. Did you do this on the telephone or in writing? You should read our customer services guide. It's extremely important. You should try to do everything in writing but if you have to do things on the telephone then you should make sure that you make detailed notes of your call and then confirm them in writing. So for instance if your discussion with Blue Motor Finance was on the phone, you should make a note of everything that was said – including the fact that they said that the matter would have to be investigated because the dealer was prepared to carry out repair – and you should send this to be motor Finance with a note confirming that this was the conversation they had with you. It is very important to develop a paper trail. Otherwise everything becomes deniable. The situation is that if a defect occurs within the first 30 days of ownership of the vehicle then you are entitled to reject the vehicle under the Consumer Rights Act. You have to assert this right by contacting the dealer – and in this case Blue Motor Finance – in writing and point out that you are asserting a right under the Consumer Rights Act 2015 and you are rejecting the vehicle. Tell them that you want arrangements to be made to give you a refund of all costs including any costs or interest which has been levied by the finance company. Be tough with the finance company. Don't act as if they are do you a favour. Make sure they understand that you are not in the mood to muck around and you won't wait very long either. Don't forget that in this case because you have purchased the vehicle through hire purchase, it is Blue Motor Finance which is the responsible party. That is going to be helpful because if you had had to deal only with Chobham, you would have had very serious difficulties. In addition to writing to Blue Motor Finance to assert your rights, I suggest that you send them a copy of the article from the daily mail which has been linked above and you can draw their attention in your letter to the fact that this is the company that they are dealing with. You can send these messages to Blue Motor Finance by email. You should do this urgently. This weekend. You should also tell Blue Motor Finance that you have now taken advice and that you now understand that their initial statement that the matter needed investigation and that the dealer was going to carry out repair, is unacceptable and actually unlawful and contrary to the short-term right to reject contained in the Consumer Rights Act. Tell Blue Motor Finance that if they will not cooperate immediately in returning all of your money and cancelling the finance agreement that you will consider legal action against them for breach of contract and also for treating you unfairly country to their statutory duty under regulations developed by the Financial Conduct Authority. You should stop driving the car immediately. How far away from you is the dealer? Frankly you want to get rid of the car as quickly as possible. If you had not had finance in place then we would have cautioned you about this because you could end up losing possession of the car and also not having your refund. However, as you are dealing with a regulated finance company, and of course as the money has been loaned to you and you have not paid a great deal of it back it, your best interests would be in getting rid of the car so that it is no longer your responsibility to maintain, to insure or to generally worry about.   In addition to the hire purchase loan, did you pay anything on deposit? How did you pay? Did you pay by cash or by debit card or credit card? If you're confident then you should drive the car carefully to the dealer and leave it with them on their forecourt. Do not leave in the streets. You should photograph the car inside and out so that there is no argument later on as to the condition of the car when you returned it. If you are worried about driving the car then you should tell Blue Motor Finance that you want them to make immediate arrangements for the removal of the vehicle. Tell them that you are giving them seven days to organise this at the end of which you will charge in storage at £10 per day. This is assuming that you are keeping the vehicle on your own property and not on the road. As soon as you have got rid of the car, you should take immediate steps to inform the authorities that you are not the owner of the vehicle. Make sure that when you return the car it is returned with all its paperwork but you should use whatever portion of the V5 is necessary to transfer ownership away from you. Take copies of all the documentation before you hand them back. If you fail to do this and if the dealer does not change the ownership – then you are at risk of some other person driving it in your name and incurring penalties for road traffic offences or parking offences. That will then give you more complicated problems to deal with as you have to try and convince people that you are not the owner and not the driver of the car at the time. You should calculate exactly what this whole thing has cost you. This means all of your out-of-pocket expenses including the cost of going to see the car, going to fetch it, driving it back, any expense of insuring it or anything else because later on we will help you claim all of this back. Of course you will claim all expenses and fees et cetera associated with the finance agreement. As a matter of interest, how recent is the MOT on this vehicle? Who MOT'd it?  
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Is this Indemnity Letter ok for an Executor?


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Hello, I have just joined.

 

I am a joint executor Non beneficiary, in a family will where the one of the two beneficiaries also executors cannot agree to the price to buy out the other. It has become hostile between them, it is going to court to decide what happens to the house and I am now a party to the claim, as second claimant, siding with the reasonable party for the purpose of getting this protracted matter dealt with.

 

The indemnity form I have been sent by the solicitor of one party states in the last of three paragraphs, the following and I wish to know please if this is a reasonable paragraph that should protect me against costs

 

Now this note witnesses that in consideration of the foregoing the First Claimant agrees to indemnify the Second Claimant in full in respect of the Second Claimants share of any costs order made against the Claimants in the said proceedings for as long as the Second Claimant remains that party to same.

 

I would be most grateful for your comments.

 

Regards

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Hello and welcome to CAG.

 

I've flagged your thread for the site team to see if anyone can help, but other people may be along over the course of this evening, please bear with us. :)

 

Best, HB

Illegitimi non carborundum

 

 

 

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Yes its a standard clause for the first party to protect you as a second claimant against costs.....however why you need to be part of this claim or side with a party as executor Im unsure ?

 

It is worth considering executors insurance, which is a form of indemnity insurance very similar to the type of professional liability insurance held by a solicitor. Executors insurance can protect you against any legal or financial claims that result from your actions and the cost of insurance can often be reclaimed from the estate as part of your expenses.

 

Andy

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Thank you for the welcome HB. Andy thank you, the reason I agreed to be a second claimant was that, as I was told, it would better strengthen the case against the difficult brother. I am not sure that this is so.

 

Regards

 

Alan

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It really shouldnt be your concern as Executor of the estate and none beneficiary ...your main priority duty is valuing and disbursing property to the beneficiaries as designated in the will.

 

There are 3 executors...correct ?

Two are beneficiaries and your not ?

Are you related to these two?

Are they the only two beneficiaries ?

 

Have you got a true value of the property ?

 

Is there any further monies involved as to why they cant agree ?

We could do with some help from you.

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Yes Andy, it should not really be me on the line, but an indemnity should keep me out of it.

 

There are three executors, myself a friend of the family, no relation. nor a beneficiary. The two others are brothers, one being just awful, trouble making and more.

 

The two brothers are the only beneficiaries. The house has been valued by both brothers with two different valuations and no agreement has been reached, hence court. There may be other money not declared by the difficult brother, I asked three times and gave up. One wants to buy the other out, too much difference to ever agree. thank you for your time. Alan

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So this solicitor that has issued the indemnity form to yourself is acting for the awkward brother ? I assume there is a court claim in progress ?

 

Why not get a third valuation and meet in the middle ?

We could do with some help from you.

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No Andy the solicitor who issued me the form is the one acting for the reasonable one who is going to court because this has gone on for years with difficult brother delaying. (Very successfully as it happens).

 

The difficult one does not meet in the middle!

 

Is being a claimant, a party to the proceedings unusual in your opinion? Incidentally, without me being too syrupy forums such as this one where people give advice out of the goodness of their hearts show the best in Human nature.

 

Best

 

Alan

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Ah I see so this an attempt to settle probate and finalise the estate.

 

The underlining problem here is too many Executors and both being beneficiaries .....Wills that appoint co-executors often provide a backup plan to resolve anticipated stalemates between the executors. If the will provisions allow for a tie-breaking vote, the co-executors can obtain that vote from a third party. The will may or may not identify the specific person entitled to cast the tie-breaking vote. However, if a will does not expressly allow for the use of a third party in this manner, the co-executors cannot use this as a solution.

 

Sometimes the only way for co-executors to work together is through coercive action in court. Probate judges have the legal authority to resolve disputes between co-executors. The judge will typically hold a hearing at which both executors have the opportunity to present their arguments. Afterwards, the judge will issue an order in flavor of one of the executors and both executors must comply with that judicial order.

 

Its not unusual but rare but I understand why you are now party as per my paragraph above.

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