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hello12345

Do i need probate?

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Im taking a bank to small claims court, as a executor will i need to get probate now for PPI as i didnt need it before as the banks threshold was 50,000 without needing probate.

1: Its been less than 14 days can i cancel court case and start a new one for under 5000 as i dont think i will need probate then.

2: can i still go to financial ombudsman as i've only initiated a small claim without a hearing;

Thanks for any replies in advance

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Taking or already issued...as you refer to cancelling it ?

 

How much is your claim for ?

 

Was there a will ? or  Letters of Administration  ?

 

Andy


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£8000 already applied and the defence solicitor is asking for probate yes there was a will all assets went to surviving spouse no probate or letter of admin needed.

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Then probate is not required on the claim  it may not be successful......if it is then you can do probate later if required.

 

For small estates (under £5,000 in England, Wales and NI or £36,000 in Scotland), it's the next of kin who needs to show proof of their relationship to the deceased and prove it was a small estate.


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sorry im the executor who is going to court to claim 8000 from the bank.

will i need to bring next of kin (non executor) to court with me?

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No...you simply provide the evidence within your claim....you state that probate was not required to settle the estate..therefore you do not need to provide probate with your claim...ignore the defence solicitor.

 

If the claim is successful then obviously you would pass the threshold of 5K and then possibly require probate subject to the estate assets and debts.


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Posted (edited)

ok the defence has ticked box  (i intend to defend all of this claim). Two days after i filled a N1 moneyclaimonline form, a letter and cheque came through the door for £1200 not cashed it yet settling the smallest of 4 claims. The bank has ignored the other 3 claims and has not sent a final response letter for them, they told me they would write to me about all 4 PPI claim separately.

When i phoned them up they said they have shut the other 3 claims down, they said "haven't you received a letter" and i said no! Then the guy on the phone said ok we will open then up again and you will hear in 14 days, but i have heard nothing after 28 days.

The next of kin settled the estate not me as the executor, the next of kin claimed PPI from the bank, but as i'm the executor i'm bringing the claim to court

Edited by hello12345

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So the court claim covered the value of all 4 claims for PPI ? or one single premium ? You have yet to issue court claims for the other 3 ?

 

What date did you submit the claim...they have 19 days to acknowledge service and a further 14 days to submit a defence =33 days

If they fail to submit a defence by day 33 you can request judgment.


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Posted (edited)

I claimed on all 4 together including interest for £8000 (a set amount) but they have paid out on one of these a few days after i submitting and paid for a court case. I haven't cashed the cheque as i was unsure what to do.

They have sent me a Acknowledgment of service defending all claim.

Edited by hello12345

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So you are still within the small claim  threshold of 10K. Retain the cheque  but dont cash it for now.Work your date out for when they should submit their defence by...the court will serve copies if and when if not simply request judgment for the total claim value. ....or if you cash the cheque in the meantime,  which if you do you must inform them thats its only accepted as  partial payment of the claim...then adjust the value of the claim accordingly......but I wouldn't cash it ...complicates matters later. 

 

Andy


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Forgot to add the cheque is in the name of next of kin and not me.

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Thats fine you are acting as executor and have issued the claim..so you keep hold of the cheque until its all resolved.As for the extension in this particular case I would allow the extension to submit defence...but you must inform the court you have agreed to the extension pursuant to CPR 15.5...shows your are amicable and accommodating 


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ok thanks, will write to court as i can't see anything on MCOL to do this, do i need to inform defence solicitors also? 

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ok thanks, i started this claim for PPI at the beginning of November and they want more time.

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Oh well in that case dont agree to an extension ...but inform them why.


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Hello Andyorch

can i close this court claim down and cash cheque (might be blocked) and start a new claim for a unspecified amount and tick the interest box as my specified amount was based on estimates as i don't have full details of amount and the bank probably hasn't either. is going for a specified amount going against me.

if i go for a unspecified amount it might be below probate threshold also . thanks

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You cant really claim for an unspecified amount....I assume you are referring to a part 8 claim ?


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Posted (edited)

yes it might of been when i filled the form in i think there was a box saying " i don't know how much i will get". Most ppi payouts from banks are based on estimates due to lack of data from what i can make out.If im successful can the judge lower the amount to what he thinks is right or if i've over estimated it will the judge rule in the other sides favour. I think you have to use the paper form if you don't know the amount rather than the online form as you will obviously know.

Edited by hello12345

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Posted (edited)

form n1a

Value If you are claiming a fixed amount of money (a ‘specified amount’) write the amount in the box at the bottom right-hand corner of the claim form against ‘amount claimed’. If you are not claiming a fixed amount of money (an ‘unspecified amount’) under ‘Value’ write “I expect to recover” followed by whichever of the following applies to your claim: • ‘not more than £10,000’ or • ‘more than £10,000 but not more than £25,000’ or • ‘more than £25,000’ If you are not able to put a value on your claim, write ‘I cannot say how much I expect to recover’.

Edited by hello12345

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So you are doing a manual claim and not an online claim ?

 

https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7


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Its a MCOL online i filed, thought i saw something for unspecified amount but i might be wrong. Shall i cancel and submit a paper form instead i know i will lose my fee?

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I dont think you should...continue with the current..the amount can always be adjusted.


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