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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Hello,

 

I got a pension savings pack from my father now passed away for a large sum. The policy seems legit with a policy number, its a defined contribution policy and it has payable before death of pension age.

 

I thought the lawyer dealt with all his affairs turns out he didn't.

 

So, what does the law say on pension savings for someone who has deceased do the next next of kin, children inherit it just like property rules of intestacy?

 

Thanks.

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Have you informed them that your Dad has passed ?

 

Have you got probate ?

 

 

Andy

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Hi. I'm very sorry to hear about your father. I know how it is to lose a parent.

 

With a DC pension, it's possible that your father nominated who he wanted any death benefit paid to. As Andyorch says, we need to know more please. I imagine the scheme is run by an insurance company?

 

HB

Illegitimi non carborundum

 

 

 

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Sorry to hear about your father.

 

There are so many different types of pensions savings policies it is impossible to give a definite answer. In general defined contribution policies pay out during the life of the person and sometimes also (at a reduced rate) afterwards to any surviving spouse. The fund value is not usually passed on to survivors but your father may have been able to nominate someone to receive any death benefits that are payable. That's a generalisation, yours father's may be something quite different.

 

Are you an Executor (or, you mention intestacy, the Administrator if your father died without leaving a Will)? If so have you got Probate/Letters of Administration yet? Who is dealing with the administration of the Estate? (You as Executor/Administrator, or the solicitor you mentioned, or someone else)?

 

If you are the Executor/Administrator send the Death Certificate to the pension provider to notify death and ask them for details of the policy, the value at date of death for Inheritance Tax purposes , and any continuing benefits payable. That's the only way you'll find out for sure.

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many of these policies pay a cash lump sum upion the death of the policyholder providing they havent taken a pension or sometimes within a year of starting the pension. He should have completed a letter of intent and that will be acted upon regardless of what any will states unless there are reasons not to. Death benefits are tax free. There may also be a spouses pension to go with it though normally much reduced. If you are administering things then you need to find out what his letter of intent says and if you or anyone disagrees with its provisions then you had better let the pension provider know sharpish. If they dont agree woth any requested changes to who get the money you will have to take the matter to the pensions ombudsman

 

You will need to see acopy of the rules of the scheme as well

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depends on the value of the estate. banks will deal with you on your say so (copy of death cert) if the account is relatively trivial but if we are talking of many thousaneds then you need to pay the govt for thepapers to make you administrator. If there is a will then that will name the executor and that person has the right to deal with all matters and you can only act with their say so. the executor isnt necessarily the solicitor.

Contact the pansion co and ask them, that is the easiest thing and when they tell you what they expect go from there. they might do it based on death cert as it will fall outside of the provisions of the will (if there is one) if the letter of intent makes it simple for them

 

 

 

Do you need to register to become an executor or administrator? I dealt with all his affairs after death, something that the lawyer was supposed to do but didn't.
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Hello,

 

I am an executor for my late father who left a pensions policy with no will, however they asked me if I was financially dependent on my father I said no does that mean me or my mother will be denied the proceeds of the pension?

 

Thanks.

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Hi.

 

I've merged your pension threads. You don't need a new thread for each question, it helps the advisors if the information is kept together. :)

 

Have you asked the pension provider to give you details of the policy and what it can pay out? I imagine it has provisions for dependants other than your mother and that's why they asked you the question.

 

Andyorch asked earlier in the thread if you've obtained probate?

 

HB

Edited by honeybee13

Illegitimi non carborundum

 

 

 

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I'm a bit confused Braveheart2009 about what's happened with your late father's Estate generally.

 

(1) How long ago did he die?

 

(2) Did he leave a Will? If not this gov.uk page explains who is entitled to administer the Estate https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will and this page who can inherit the Estate https://www.gov.uk/inherits-someone-dies-without-will

 

(3) If there is no Will you cannot be the Executor or get Probate. But you can apply to be the "Administrator" and to be issued with "Letters of Administration". Have you done that? (In practice they are equivalent to being an Executor and being granted Probate). You can apply direct yourself or you apply through a solicitor.

 

(4) The most likely reason the pension provider was asking about whether you were financially dependent is that the pension policy pays out a discretionary death benefit - "discretionary" meaning that who receives it is at the discretion of the pension provider. Typically the pension provider would have asked your late father to nominate who is to receive the pay out. Do you know if he did? Usually the pension provider will always pay out to someone, it's their choice who to pay it to. It's done that way so that the pay out does not form part of your father's Estate and therefore won't be subject to Inheritance Tax. But all this is guesswork, no-one here knows what the policy actually says. The questions you are asking here you need to ask the pension provider. They are the only people who know what it actually says.

 

 

(5) What about the rest of your father's Estate, other than the pension policy? Was it large? Did he own a house? Have a lot of savings? What's happened to those?

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(2) Did he leave a Will? If not this gov.uk page explains who is entitled to administer the Estate https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-will and this page who can inherit the Estate https://www.gov.uk/inherits-someone-dies-without-will

 

(3) If there is no Will you cannot be the Executor or get Probate. But you can apply to be the "Administrator" and to be issued with "Letters of Administration". Have you done that? (In practice they are equivalent to being an Executor and being granted Probate). You can apply direct yourself or you apply through a solicitor.

 

 

That's assuming your father lived in England. If he didn't then ignore what I posted about Executors/Administrators.

 

I've noticed from a post of yours some months ago on another topic that you are in Scotland. If your father lived in Scotland and his assets are in Scotland then the procedure when someone dies with or without a Will is different. See this Scot Gov explanation of what happens in Scotland.

 

https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased%27s-estate-in-scotland

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