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    • Hi   Something else I think you need to ask the Insurer for Clarification on is.   That you require full clarification on which clauses within the Terms & Condition of the Policy they are using to refuse payment under the Policy.     I would also consider sending the Insurer a Subject Access Request simply asking for 'ALL DATA' this covers whatever format they hold it in whether it be email/telephone recording/written format etc. (note: if they require you to use their own subject access request form always put 'ALL DATA' on their form)    
    • matters not what they come up with it's statute barred      
    • Revised defence:   The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. The Claimant claims £2247.91 is owed under a regulated consumer credit account under reference xxxxxxx. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 78 request who are yet to fully comply. I dont believe they have provided this yet correctly   2. Paragraph 3 is denied.The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all. still stands   3. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:   (a) show how the Defendant has entered into an agreement; and (b) show and evidence any cause of action and service of a Default Notice or termination notice; and © show how the Defendant has reached the amount claimed for; and (d) show how the Claimant has the legal right, either under statute or equity to issue a claim;   4. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.   5. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.   6. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.   7. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.    
    • Just received a letter from lowells sols stating they have note of my aos   They have stated they have attached -  Copy of agreement, statement and notice of assignment   HOWEVER - they had not attached my notice of assignment and they have sent me the same 'agreement' as before which was 3 pages of a computer print out, statement and some rehashed t's anc c's. i can re upload again but its exactly what i uploaded before   They state they have requested a copy of my default notice   So in light of this shall i still send the same defence? i think it still stands right?  
    • Just had a Clear Score update which says:   A credit or store card account will be removed from your January report. Organisation Name: Hoist Account Number: ****9048 Company Type: finance house What does this mean? This means that you’ve closed an account. Maybe you’ve changed your phone contract so the phone loan has been removed from your report. Why is this change not on my report yet? We get your credit report every month from Equifax, a credit reference agency. This update can be seen on your Equifax credit report now but will only be reflected in your ClearScore report when your report is next updated, which is on 2 January. Is this a usual part of the process? I'm submitting my defence this weekend. I'll post it on here first.
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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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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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Did your father leave a will, BH?

 

 

HB


Illegitimi non carborundum

 

 

 

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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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Can you tell us the pension company this is with and the name of the policy plus when it was taken out? It could help us to advise you.

 

 

HB


Illegitimi non carborundum

 

 

 

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I just noticed that you've said you're executor but that there's no will. Does that mean you're administrator of the estate?

 

 

HB


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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I agree, Ethel, answers would be very helpful.

 

Brave heart has another thread about selling a property, I'm not sure if it's connected with the estate as the other thread needs answers too.

 

HB


Illegitimi non carborundum

 

 

 

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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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