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    • hey your doing fine, stop sweating, it's really no big deal, you need to understand you are what is classed as 'a litigant in person' - meaning joe public against what can be seen as a somewhat daunting judicial system, that is too your advantage.   IMHO thats just a reprint of your defence, it might be better to structure around something like this, whos basis is around the WS in the thread i pointed too.         WITNESS STATEMENT OF DEFENDANT XXXXXXXXXXXX CLAIM NO. XXXXXXXX                                                                                                                                   Defendant: XXXXXXX                                                                                                                               Date XX/XXX2019 IN THE COUNTY COURT AT                                                                               CLAIM NO:XXXXXXX XXXXXXXXXXXXXXXXXXXXXX     BETWEEN     XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX      CLAIMANT     AND XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX     DEFENDANT    1. It is my understanding that the claimant is an Assignee, a buyer of defunct disputed or bad debts, which are bought on mass portfolios at a much reduced cost to the amount claimed ...10p to 15p in the £1 and which the original creditors have already written off as a capital loss and claimed against taxable income. Idem Capital securities issue claims to circumvent and claim the full amount of debt to maximise profit.    2. As an assignee or creditor as defined in section 189 of the CCA this applies to this new requirement on assignment of rights. This means that when an assignee purchases debts (or otherwise acquires rights under a credit agreement) it also acquires certain obligations to the borrower including the duty to comply with CCA requirements (such as the rules on statements and notices and other post-contractual information). The assignee becomes the creditor under the agreement. This ensures that essential consumer protections under the CCA cannot be circumvented by assigning the debt to a third party.   I accept I have in the past had financial dealings with {insert original creditor name]. That being a Loan Agreement . I do not recall the precise details of the agreement but do recall it was on or about the year xxxx.   After seeking advice this led me to check all paperwork I held with creditors, from this I could not find any Credit Agreement relating to the account the claimant is referring to.   I have therefore sought clarification and requested copies of the agreements from the claimant by way of a section 77 request    exhibits   (DOC 1) A CPR 31.14 request pursuant to sec 61 B of the CCA1974 was sent xx/xx/xxxx via Royal Mail signed for and shows as received xx/xx/xxxx. Request for the following :   1.a copy of the default notice served under section 87 of the consumer credit act 3. Notice of assignment 4. A statement of account   (DOC 1A) To date NO default notice been produced.    (DOC 2) A Section 77 request was sent on xx/xx/xxxx via royal mail signed for and shows as received xx/xx/xxx. The claimant to date has failed to comply to my Section 77 request.   the defendant has failed to produce a copy of the Default notice issued by the original creditor,  as far as I can recall any breach with the original creditor would have been on or around xxxx.   The claimant as an assignee would not be able to legally issue a Default Notice as the debt would have already been terminated before assignment.   (DOC 3) I sort clarity of any Default Notice by the way of a CPR 31.14 request, sent via Royal mail signed for on xx/xx/xxxx and shows as received signed for xx/xx/xxxx   The claimant has still yet to comply to my CPR 31.14 request with regard to clarity of any valid default notice issued, as yet I have never received an original or seen a copy of a valid default notice from the defendant.   Conclusion   I contest that the documents I have received do not meet the requirements and prescribed terms of a legal binding credit agreement, and that the claimant has acknowledged that they are unable to produce an agreement and are unable to enforce litigation action.     I also state NO VALID Default has been produced from the claimant.   I believe that the that the facts stated in the witness state are true   ..................   have you received the claimants witness statement yet...   the above is just musings...    
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    • Hi I know you are a busy site but I have posted the last few very important messages as I will be in court in the next few weeks   as you can see time is of essence and I have had few cryptic replies of look for your self messages which I have tried to work out about new guidance on statement of truths but this is not something that I am familiar with   yes I understand this site is not here to spoon feed everyone but sometimes it feels like a cap in hand approach. I have not had any feedback as to whether my statement is going to stand or if it will be thrown away by the judge?   I wish I had the knowledge of all you guys that assist everyone in their time of need who ask for the guidance that is readily available here but unfortunately it’s not the case sorry.   If anyone could advise on my post it will be very much appreciated.   Thanks G
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UK Last will and testament with a European beneficiary living in France


Sonia G
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Hi,

I have a question about last wills and testaments. I am a dual French/British citizen married to a British citizen and we have lived in the UK for almost 20 years. We own a house in the UK (as joint tenants). We want to write a will that will say to whom we want our respective share of the house to go to once we are both dead. We have no children and won't be having any.

In my case, I want my share to go to my husband but I want to make sure that when he dies, if I'm already dead, my share goes to my siblings in France, who are French citizens, and not to my husband's family or new partner for example. Could someone please help me and let me know how I can make sure that his happens? Are there specific types of wills for UK people who want to leave their assets to someone in Europe? I have received very conflicting advice from some solicitors.

Thank you very much in advance!

Sonia G

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If solicitors have already given you conflicting advice I really don't think you can expect a highly complex matter like this, potentially involving the inheritance laws of two countries, to be resolved here! I don't think there are nay international tax and trust lawyers posting on this forum.

 

 

Maybe you need to research solicitors who specialise in international inheritance and tax? It's not just a matter of how the property gets to the beneficiary of your choice but also how English Inheritance Tax (and any French equivalent) will operate.

 

 

 

Do you have assets in France as well?

 

 

 

In principle you can write a Will that leaves a life interest in a house to your spouse, if you die before them, and then on their death it passes to your children. If the asset is in the UK and you are resident in the UK I don't think it matters where the beneficiaries are as far as English law is concerned, but it might matter in French law. I know nothing at all about French law. But I assume there are other complications. If it were that straightforward you presumably wouldn't have got conflicting advice from solicitors.

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It shouldn't make any difference which country the beneficiaries live in. The assets in this country would fall under UK jurisdiction as far as inheritance tax is concerned. But do be aware, Scottish law is slightly different to England & Wales, so you might need to clarify which part of the UK you are domiciled in.

 

The fact that you hold dual citizenship may complicate matters slightly, but I wouldn't have thought it made any real difference (but that is just my opinion).

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Thank you for the quick reply!

No, I only have assets in the UK, nothing in France.

To be honest, the solicitors that I contacted did not sound like they were sure at all and admitted that they were not specialised enough to advise fully on my case. They also recommended that I look for a solicitor specialised in international inheritance but I haven't found any where I live and I would have to travel quite far to meet one in person, so I thought that perhaps someone with a very similar situation and experience here could enlighten me.

My case is rather straight-forward as I explained above as we have no children and just want to protect our respective share for when we are both dead. I am aware that there may be inheritance tax issues between the 2 countries, and this is not my main concern. My main concern is to make sure that my share (which is a much bigger share than my husband's share) goes to my chosen benefiaries in France and not to his family or anyone else who may be able to claim my share when we are both dead (his estranged siblings for example).

 

Your reply rather sounds like a relief as you mention that it should not matter where the beneficiaries are if the case is 'straightforward'. I will try to get in touch with a solicitor specialised in international inheritance to confirm this...Thanks again.

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Thank you, this answer really helps indeed...it's a relief, although we don't know what is going to happen between the 2 countries after Brexit...hopefully nothing will change on that matter...

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Thank you, this answer really helps indeed...it's a relief, although we don't know what is going to happen between the 2 countries after Brexit...hopefully nothing will change on that matter...

 

 

You would hope not, but nothing is clear at the moment. I know two people in the UK who were left money in the US or Canada and that came through eventually.

 

 

HB

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Not at alll. It makes situations that are not that easy even more uncertain and stressful...Let's hope it doesn't last for too long and that the outcomes will actually be positive...

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I think you would have to agree with your husband to rewrite HIS Will to benefit your French friends with a similar bequest to yours, otherwise the Executor will send any Bequests to recipients alive on your death.

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I wrote my will in favour of my sister in Italy who will get my house where my mum lives rent free.

A clause in the will states that she must let my mum stay there rent free until she dies or she's unable to look after herself.

Of course assuming that I die before my mum and sister.

So you could name your siblings as beneficiaries, providing they let your husband stay in your home until he dies.

If there's Any inheritance tax won't be your concern, so forget about it.

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