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    • https://www.bindmans.com/news/neale-v-dpp-the-right-to-silence-citizens-duties-and-coronavirus-regulations   Perhaps the OP should have said nothing - and risked arrest!   "Firstly, the case calls into question the logic behind aspects of the criminal justice response to the public health crisis created by the Coronavirus pandemic...   "Secondly, it is clear that some police officers have misunderstood and misstated their powers, and citizens’ obligations, under the Regulations and at common law...   "Thirdly, the case confirms reasonable excuses for being outside are not limited to those explicitly set out in the Regulations. Police officers considering whether there are reasonable grounds for believing that an offence has been committed under the Regulations so that an FPN may be issued, or the reasonable grounds for suspicion that are necessary for an arrest, should give proper consideration to any explanation given by members of the public (and what a court might think of them) rather than only recognising those exceptions explicitly listed in the Regulations and/or government guidance...   Fourthly, the case is an example of a failure of the CPS review into prosecutions brought under Coronavirus Regulations, which has found that alarming numbers of cases were wrongly charged..."   Above quotes from the Bindman's article, not the decision.  Case arose from the first lockdown and was in Wales.  Same now?  Also was about not being at home - not mask wearing.    
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    • I sent in the bailiffs to the BBC. They collected £350. It made me smile.
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

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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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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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