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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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My sister has had a letter from the solicitors who are now dealing with what is left of my late uncles will, I would like any help/info that you can give me due to the following.....

 

My uncle died in 1997 and when his estate was sorted and the bequests were given out the solicitors kept a sum of money back to pay any taxes and for a headstone (not even sure if a headstone was ever sorted)

 

We have a few times been trying to chase up the final statement of what needed to be paid from this money and to date we have been given the run around

 

Now they are trying to sort it out...more than 20 years later! Sounds like gold digging but will any money left from this fund accrue interest? And is there any recourse for us as they have taken so long?

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22 years sounds like a ridiculous time to take but there might have been legitimate reasons. It can happen.

 

Do you have a copy of the Will? Can you clarify 3 things:

 

1. Are the solicitors named in the Will as an Executor? Or did the Executors in the Will appoint them to act for the Executors?

 

2. Who are the Executors named in the Will? Is your sister one?

 

3. Is your sister a 'residual beneficiary'? ie one of the people who is entitled to a share of your Uncle's remaining Estate after all specific bequests and expenses have been paid out. Who are the other 'residual beneficiaries'?

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1 the solicitors were the Executor, the firm closed down years ago, the firm who are dealing with this mess has taken over keeping the wills, deeds and monies in the client account of the old firm, but have not bought out that company

 

2 No my sister wasnt named, just a beneficiary amongst many others(many who have since died) including myself and another sister

 

3 myself, my youngest sister and my middle sister(3 of us) plus many who I do not know, I do not have a copy of the will

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My understanding is that it's good practice to let beneficiaries have a copy of the will, but this doesn't always happen.

 

If probate has gone through, you should be able to buy a copy online, if you want to spring out for £10. Have you asked the current lawyers for a copy will?

 

https://www.gov.uk/search-will-probate

 

HB


Illegitimi non carborundum

 

 

 

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Posted (edited)

can The original firm has gone out of business so I'd guess your chance of any redress against them is zero. When a firm closes down voluntarily (eg the partners retire) they are supposed to ensure another firm takes over outstanding business. No doubt the new firm in this case will blame the old firm for any delays. If you think you have grounds for complaint - and if the amount of lost interest etc is worth it - you could complain to the SRA (Solicitors Regulation Agency). From what you say I'm doubtful whether that's worth the effort, but only you judge that.

 

As Executors I think they have an obligation to pay all interest earned on your Uncle's Estate to the residual beneficiaries because Executors have a general fiduciary duty to the beneficiaries. But I couldn't point you to any specific bit of law that spells that out.

 

These articles might be of interest. They confirm that the Executors have a legal duty to provide a copy of the Estate Accounts to the Residuary Beneficiaries.

 

https://www.co-oplegalservices.co.uk/media-centre/articles-sept-dec-2018/what-are-estate-accounts/

 

https://www.co-oplegalservices.co.uk/media-centre/articles-jan-apr-2017/can-a-beneficiary-of-a-will-see-the-estate-accounts/

 

Your best course of action, now that the solicitors have finally woken up and are getting on with it, is probably to co-operate with whatever they are asking and keep pushing them. There is no point in getting into legal dispute with the solicitors, which would be paid for out of what's left of the Estate, if the remaining Estate is worth next to nothing.  The remaining assets would just disappear in legal fees.

Edited by Ethel Street
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Complain to the Legal Ombudsman (LO), not the SRA.

The LO can act where the SRA can’t, and can refer issues to the SRA for those issues where the SRA would act.

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