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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
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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

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My husband passed away a few week ago not done anything financial except cancel a few direct debits

 

 

His yearly pension forecast came today so I phoned them they asked who I banked with they then offered to inform the Halifax on my behalf as they were part of the same company (I said no)

 

 

The Halifax account is a joint account I am the Main Account holder

 

Will they freeze /close the account when i inform them this is my main account ?

 

My husband has 2 halifax credit cards both up to date with payment dont want to stop payment incase they take the money i have in the bank (offset) can they do this ?

 

Can they offset the credit card debt against his pension ?

 

 

Thanks for reading any gidance would be helpfull

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Hi hallowitch.

 

 

I'm so sorry to hear about your husband. :hug:

 

 

I've flagged your thread for the site team, I expect they and others will be along to advise. Don't rush to tell the Halifax, when my mother died I was advised to leave the bank account open and notify them when it suited me.

 

 

Best, HB

Illegitimi non carborundum

 

 

 

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if he is named on an account then yes they can offset.

 

now if the fact of his death makes any legal change here i'm not sure

 

you say the cards are in his name only and that you want to keep paying.

not sure you can..surely legally they must close the cards accounts down and will be after the money from his assets/estate

 

have you got a sols involved?

might it not be prudent to get a parachute account opened and move all possible income and income payment to one they cant get their muggy hands on?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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My husband passed away a few week ago not done anything financial except cancel a few direct debits

 

Please accept our deepest condolences hallowitch.

 

 

The following is an assumption that you both credited the Halifax current account and that the payments for credit card came from the same account.

 

His yearly pension forecast came today so I phoned them they asked who I banked with they then offered to inform the Halifax on my behalf as they were part of the same company (I said no)

 

Set up a new current account away from Halifax....no connections

 

The Halifax account is a joint account I am the Main Account holder

 

Will they freeze /close the account when i inform them this is my main account ? Dont inform them yet ..you are the main account holder

 

My husband has 2 halifax credit cards both up to date with payment dont want to stop payment incase they take the money i have in the bank (offset) can they do this ?

 

Possibly as he was an additional holder..although not the main...once you have a new current account in place with all your DD/SOs set up and payments running in...inform them of his death and enclose a copy of the death cert..dont make any further payments.

 

Can they offset the credit card debt against his pension ? Not if you tell them to pay the pension to your new account.

 

 

Thanks for reading any guidance would be helpful

 

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

 

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Thanks for that will go open new account tomorrow I didn't know they could offset from a pension that was my main worry

 

how do I find out what banks are not connected to the Halifax or Santander please

thanks

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nationwide, co-op or post office are good and you can do the application on line.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sorry for your loss. Your joint account will be changed to sole ownership.

 

The credit card will have to be paid from your husband's estate. Whether his pension forms part of his estate depends on the arrangement.

 

I'd recommend that you seek independent advice on this one. If you don't get this right you in the future you might have an inheritance tax liability, have a creditor try and make a claim on the estate

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Sorry for your loss. Your joint account will be changed to sole ownership.

 

The credit card will have to be paid from your husband's estate. Whether his pension forms part of his estate depends on the arrangement.

 

I'd recommend that you seek independent advice on this one. If you don't get this right you in the future you might have an inheritance tax liability, have a creditor try and make a claim on the estate

 

Assuming there is an estate ?...If not they will have to write them off...hence the need to distance from Halifax...hence the need to get the pension paid to a new Bank.

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

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no estate No savings he went self employed in april and we kitted out a van and other expense's no life insurance no idea how it happened but his policy is accidental death only might manage to pay this months and next months mortgage but that's it

 

 

so its all a bit of a mess

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There is an estate (it just a term that refers to all the money and assets owned by the person). But if it's insolvent then there's no funds to pay the debts so creditors don't have a choice.

 

It's a wasted effort opening a separate account as you can't just choose what forms part of the estate. Debts also have to be repaid in priority order - secured creditors first, funeral expenses next and unsecured debts like credit cards are toward the bottom. Most pensions allow inheritance so can be left to a beneficiary without becoming part of the estate. The joint account will move to sole ownership.

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