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    • Driver entered car park run by CEL Ltd .Tried to purchase lozenges  at Pharmacy , saw it was busy so left . Time there approximately 5 minutes . Left to go to pick up some goods  a couple of miles away . I have a copy of a collection of goods note with an approximate time on it  Stayed a while to chat with client On return journey stopped  to try again . Bought lozenges and left . There were no restrictions on returning  ANPR cameras registered first entry and last exit  Was sent photos showing vehicle with 2 blown up with the times on them   Company refuses to divulge landlord or show contract ....said it was data protection ! Photo of a sign blown up .....could be anywhere ! Been to site itself . No signs at entrance . When entering from main road nothing ! Where there is parking a few signs visible depending on parking space . Large sign on an external wall which can only be seen when walking out or entering from side road on the left . After a number of letters  I received demands from ZZPS ....a “debt collector “. They gave up on that ! This incident took pace in February . Now a Letter Before Court requesting details of my salary and how I intend to pay the debt  The length of stay is 40 minutes . Tiny car park !   Do know why there are even limits . Length of stay maybe 15 minutes in total . It is madness The pack of lozenges cost £185 ! Am 72 years old with multiple health problems ! Cannot let these cowboys win . Feel as though I am being intimidated . Very stressful ! Any  advice please ?I have drafted  together bits from all over the place ! Need it to stop ASAP !
    • Hi    This is my draft WS, please do let me know of nay changes or additions required, thanks.    IN THE County Court AT                                                                              CLAIM NO:      BETWEEN: CABOT FINANCIAL (UK) LIMITED   -and- (DEFENDANT)     ___________________________________________ WITNESS STATEMENT OF        INTRODUCTION    1. I, XXXX, the Defendant in this case, make this statement in support of my defence against the Claimant, Cabot Financial (UK) Limited.  The matters set out below are within my own knowledge, except where I indicate to the contrary.    THE DEFENDANT’S RESPONSE TO THE CLAIMANT’S WITNESS STATEMENT    2. The Claimant states in Paragraph 3, ‘….refer to various documents, true copiesof which are contained in the paginated bundle to this statement marked “JK”1’, but then states in para 4, ‘Acopy of the reconstituted agreementwith associated terms and conditions….pages 1-10’. There are 3 versions attached of the alleged Agreement and Terms & Conditions and according to para 4 they are not the original but ‘a reconstitutedversion’. They have attached 3 Agreements namely, ‘Original Agreement’, ‘Default Agreement’ and ‘Terms of your Capital One Credit Card Agreement’.  The Claimant has provided 3 sets of generic/reconstituted Agreement and Terms & conditions.     3. The Claimant in Para 4 also states ‘On or around 5thNovember 2012 the Defendant entered into a Credit Card Agreement,’ but Page 2 of JK1 has a date inserted 2/11/2012.  It has my name, address and a date inserted in the form but no mention of how the agreement was made, online, post or telephone, and furthermore not mentioned in the Claimant’s Witness Statement.     4. As a rule of thumb I always ensure that no 3rdparty is to contact me or to send me marketing information via telephone, post or electronically’, but Page 2 of JK1 has an unticked box, another indication that this is not an original agreement.    5. Page 5 of JK1 has too many typo mistakes in the heading as follows: TERMSOF YOUR CAPITALONE CREDITCARD AGREEMENT, furthermore there are no ‘full stop’ punctuations at the end of each sentence, this surely cannot be a document sent out by Capital One.     6. The Claimant states in Para 9 that my defence is a ‘templated defence’, requesting documents pursuant of CPR 31.14 and Section 78 of the Credit Card Act 1974, this is a defendant’s right for request of information but the Claimant has failed to provide the true original Credit Card Agreement and Terms & Conditions.   7. The Claimant states in Para 25 that, ‘the Claimant allowed the proceedings to be stayed in order to allow the parties to attempt settlement negotiations…..’ this is not correct as the Claim was stayed due to the Claimant not being able to provide the requested documents pursuant of my CPR 31.14 and Section 78 of the Credit Card Act 1974.   8. Para 30 and 31of the Witness Statement requests to restore the proceedings, to strike out the Defence, has requested for a Summary Judgement, together with costs to be assessed summarily by the court. I, the Defendant, strongly object to the Claimant’s Witness Statement requesting to lift the stay and enter Judgement. I believe therefore, that this should be denied and I respectfully ask for you to strike out the claim. My reasons for this have been outlined in points 1 to 7.    9. By the reason of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief and invite the Court to strike out the claim.   I believe that the facts stated in this Witness Statement are true.    Signed:  Dated:
    • District Judge has considered the statements of case and directions questionnaire filed and allocated the claim to the small claims track on 13th January 2020 for 1 hour.    Claimant has by 16th December 2019 pay the court trial fee or file a properly completed application, otherwise the claim will be struck out with effect from 16th December.    I have a few questions if possible to get an answer from anyone please.    The following directions apply to this claim: 1. It says that each party must deliver to the other party and to the court office copies of all documents on which that party intends to rely at the hearing no later than fourteen days before the hearing.  My understanding this will my witness statement, images of the parking area, out of time sent NTK documents. Is this correct? What else am I not thinking about?    2. I have to leave country for important work trip from 10th to 19th of January 2020. Is there anything I can do to postpone this case since its booked for 13th January?  Thanks!      
    • However having had a quick look at the consumer rights act, I see that it doesn't seem to apply if you have bought second-hand goods sold at a public auction and you had the opportunity of attending the same person – section 2 (5) Unless someone has some better ideas, I'm not sure what you can do.
    • I'm trying to understand your story because is not completely clear. You bought the car auction and you were aware at the time of the purchaser there was an ABS fault. Subsequently an ABS fault developed both this was a different fault and not of the type that have been flagged up at the auction. Is this correct? If you bought the car knowing that there was a particular ABS fault then I don't think you have any comeback. However if the fort which subsequently occurred is not the one which was flagged up at auction then you may be in a better position
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reallymadwoman

DWP overpayment due from deceased's estate***Settled***

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Not sure if this is benefits or should be somewhere else.

 

There is an outstanding debt to DWP for an overpayment which my relative had been paying off slowly for about 10 years. The relative died recently, and I am dealing with the estate.

 

Within less than 2 weeks from the date of death I had quite a stroppy letter from DWP demanding immediate repayment of a sum about double what I had expected or alternatively providing detailed information on all of the estate's assets in a form to be returned within 7 days.

 

Leaving aside the sensitivity of contacting me even before the funeral, I couldn't either pay them or provide the information they asked for in their time scale even if I wanted to. Are DWP even entitled to detailed information about the estate's assets or to demand payment/information so quickly? I was under the impression they were no more of a priority than the credit cards for example.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Whoever is handlng the deceaseds affairs, could just respond to DWP, advising that the funeral has not taken place yet and it is too early to provide any information about the deceaseds finances.

 

This website info might assist you.

 

https://www.moneyadviceservice.org.uk/en/articles/dealing-with-the-debts-of-someone-who-has-died


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Within less than 2 weeks from the date of death I had quite a stroppy letter from DWP demanding immediate repayment of a sum about double what I had expected or alternatively providing detailed information on all of the estate's assets in a form to be returned within 7 days.

 

In this situation, I would respond with an equally terse letter pointing out that that it is highly insensitive to be making such demands so soon after death. Inform them that no debts will be paid until such time as an executor (or administrator) has been appointed and all assets have been accounted for. Follow this up with a second letter demanding a breakdown of the alleged debt along with a list of all repayments to date. Head this as a Subject Access Request and they are then bound by the GDPR rules.


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Helpful advise both, thank you.

 

I haven't actually applied for probate (there's no will) because I don't yet have details of all the assets or all the creditors so I think I'll tell them to get stuffed until I'm ready to deal with it, but in the meantime, please justify every penny you're asking for .....


RMW

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Is there a possibility the Estate of the deceased is insolvent, that his (or her) debts exceeded his assets when he died? If so I'd think carefully about taking on formal responsibility for dealing with his Estate. It's complex, you'd need to apply for a court order, and if you got it wrong, e.g. in the priority for paying creditors, you could be personally liable. Search for 'insolvent estates' and there are several lawyers' websites that explain the law about this.

 

Incidentally, when someone dies without a Will you don't apply for Probate. You apply for Letters of Administration and then become the 'Administrator' (not the Executor). Important if dealing with official bodies to be clear what you have been appointed as.

 

As you aren't appointed Administrator yet you have no formal legal duty or responsibility for the deceased's financial affairs. So you can tell DWP to naff off. You probably won't be able to get the full details of his assets from banks etc until you have been formally appointed the Administrator of his Estate.

 

I'd reply something like "I was assisting [the deceased] informally with his/her affairs and I intend to apply for Letters of Administration (the deceased did not leave a Will). Until I have this I am not able to dal with your request. In the meantime please send me full details of any amounts owed to you at the date of death". Making a SAR was suggested earlier, but I'm not sure you can make a SAR on behalf of a dead person, particularly when you have no formal appointment as Administrator.

 

Incidentally, if the Estate is insolvent "priority creditor" only means they get paid before other creditors. It doesn't mean they have to get paid quicker. Even if the Estate is solvent DWP aren't entitled to require payment to them within within a particular timescale. They have to wait like everyone else.

 

As for the form asking for details of all the assists of the Estate, DWP are not entitled to ask for this at this time. It would be different if it turns out the Estate is insolvent. It's my understanding - you should check with a lawyer - that if the Estate is insolvent creditors do have a right to see the the accounts of the Estate so that they can check the the law for paying creditors in order of priority has been complied with.

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Thank you Ethel for the comprehensive reply.

 

The estate is almost certainly insolvent, in fact if DWP's figure is even close to correct then they'll be lucky to get 10p in the £.

 

I appreciate that I have no legal duty at the moment to deal with this, but if I don't no one else will and my Mum will end up getting all the hassle as the deceased lived with her before going into a care home so that's the last address on file. I'd love to just pay a solicitor to deal with it but the deceased's entire estate is less than £4000 once the funeral costs have been paid so it seems a bit overkill. There's no property, his car is already back with Motability and his personal belongings, mainly clothing, are of little to no value.

 

Apart from DWP there are a couple of credit cards with small balances that I do know about and perhaps one or two more that haven't contacted the deceased for a while - his affairs were neglected for some time before he was diagnosed with dementia and things did get a bit out of hand.

 

I hadn't realised that I would have to apply for a court order though I was aware that I could be personally liable for some of the debts if I got things wrong. As (so far as I know at the moment) the only debts are unsecured and of the same priority, I thought I'd be ok so long as I put the notice in the Gazette to try to identify anything else.

 

Are you able to give any further advice re the Court Order or should I just get a solicitor? I suppose if they get most of the estate in costs at least DWP won't get it.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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As the Estate is so small maybe try Citizens Advice? The reference to getting a court order was in one of the solicitor's websites about insolvent Estates, I don't know any more about it I'm afraid.

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I have another issue which I hope someone can assist with.

 

There was an ongoing complaint with the Ombudsman Service in relation to one of the deceased's accounts which has now been concluded. They are paying £25 compensation for their own failings, and have recommended that the creditor involved pay £30 compensation as a credit to the account. I think that as that particular creditor is likely to get 20p at best, the £30 should be paid to the estate and distributed proportionately, but they won't agree.

 

Should the £30 be paid to the estate? Is there anything I could say that might convince the Ombudsman service of that?

 

Is it even worth the time and effort to argue about it or should I just tell them to jog on as that's all they're getting? I'm concerned that even though it's basically a trivial amount someone could be upset about me effectively giving it away. On the other hand, it's £30 which I don't mind paying myself if I have to.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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If money was owed to the deceased at date of their death it is now due to their Estate. The liability to pay money owing is unaffected by the death of the person it is owed to.

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Still trying to deal with this.

 

I wrote to all the creditors I was able to identify, some have responded, some haven't so I've today sent chaser letters as I know that there will be an outstanding balance to pay for at least 2 of them. I also put the notice in the Gazette, the time limit for that runs out in about 2 weeks. 

 

If some creditors are simply not responding, how many times do I have to write to them before giving up and assuming they don't want any money?

 

Incidentally, DWP still haven't bothered to justify their demand despite two reminders.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Posted (edited)

A 'deceased estates' s27 notice in the London Gazette is really about unknown/unidentified creditors, not ones you know about but who haven't confirmed the exact amount owing.

 

Once the s27 notice expires you are protected from any unidentified creditors. 

 

Are the creditors you are talking about things like store cards with relatively small amounts owing, a few hundred ££ at most? I don't know the strict law about this, but I had a similar situation acting as Executor when I didn't know whether the Estate would be solvent (it was in the end). After initially advising them and sending them a copy of the Death Certificate, and telling them I didn't know when I would be able to tell if the Estate was solvent, I never heard from any of them again. Not one of them, not ever. That was over 5years ago! I think in practice that these store cards, as long as they know the cardholder really has died and it isn't someone trying to avoid payment, write it off and close the a/c immediately if its just a few hundred ££. It's not economic/they can't be bothered to keep the a/c open and chase it.  I'm not saying that's right in law, just my experience!

Edited by Ethel Street

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Correct...unless you happen to cross Link Financial DCAs and the problem of divulging too much information.

 

Regards

 

Andy


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No unidentified creditors have come forward yet.

 

The identified ones who haven't responded are a Barclaycard (two different accounts) and Vanquis - at least one of them has a balance over £2000 though the Vanquis account may be less than £500.

 

 


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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Barclaycard have finally responded and they are writing off three separate accounts totalling more than £5K

- I'm sure this is entirely from the goodness of their hearts and nothing to do with my 'prove it' letters.

 

DWP, despite their initial insistence that they be repaid even before the funeral was held have now ignored me since 7th February. I've sent 3 reminders, the last via a tracked method so I know they got it. Until they respond I can do nothing to settle the Estate and I'm starting to get 'gentle reminders' from some of the other creditors plus I want this sorted and done with.

 

I can't believe DWP would write off any balance, but it's surely not reasonable to just ignore me until they can be bothered to respond? Any suggestions?


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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You could send a complaint letter. If you visit Gov.uk website, there is a page about how to complain. Also contacting your local local MP about DWP not responding to letters and causing you stress in not being able to finalise the deceaseds estate. 


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Sod's law, the minute I finished drafting the complaint, they replied. Finally. They're still asking for nearly double what I think they're due but they've also said that if I don't apply for Letters of Administration (I won't) they can't enforce repayment and can only rely on my honesty to pay them. However, because they can't enforce they also can't accept a dispute over the amount ....

 

I'm tempted to give them £50 and split the rest between the more co-operative creditors.


RMW

"If you want my parking space, please take my disability" Common car park sign in France.

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On 04/05/2019 at 15:09, reallymadwoman said:

I'm tempted to give them £50 and split the rest between the more co-operative creditors.

 

You shouldn't do that. After any priority creditors are paid, the estate should be distributed to remaining creditors on a pro-rata basis.

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but only those that can PROVe there is a debt..

 

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Finally all settled, thanks to everyone who gave advice.

 

The best single bit of advice I was given was not to apply for Letters of Administration but to deal with everything informally as there was so little in the estate and it was clearly insolvent. Most creditors have just written off the debts, it obviously wasn't worth their time to get 10p in the £, the only ones that didn't were Capital One, Vanquis and DWP.

 

Had I done things formally, then I'd have had to supply endless bits of paper to DWP in particular to prove every penny. As it is, I included a line in the settlement letter stating that in view of the amounts involved I wasn't prepared to enter into any further correspondence or supply any documents, i.e. take it or leave it. 

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RMW

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