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    • Thank you, and apologies that car was £3300 and purchased from EMC Unit 8 Swift Lane Bagshot.   I've done a lot of investigating and have found some leads, but as you say if TMO are unable to enforce, and only way is possibly going via HCEO after another long and drawn out process, it all seems to be in vain.   The reason it's taken this long is because TMO have lagged and I was so reluctant to take to court and invest more money, without seeing what TMO could do first. I definitely regret not trying to take it into my own hands more, but the whole process I've felt helpless.   My only viable option now seems to be just to sell the car for whatever parts still function.. to whatever extent.
    • Maybe this is completely wrong – but I would be a bit worried that if your mother moved out to some kind of alternative/temporary accommodation – that the landlord might somehow manipulate the situation so that she never got back
    • Usual VCS roboclaim, "At all material times the defendant was the registered keeper and/or driver. " can only one or the other. The only way you get a hit on the credit file is 1: you don't defend Simple gets a default and you don't pay within 28 days 2: You defend and lose and don't pay within 28 days of judgment.   Now he usually messes up, so plenty to trip him up, also if the original sum was £100, and he cannot prove who driver is so sues Keeper as keeper, he cannot add anything to the claim, so the extra £60 is invalid. The team will help you read up on some VCS threads and you will see a 3 line defence initially will be sufficient for now.
    • Might be worth talking to local Council Housing again about options, if your Mother is unable to occupy the house for a period due to essential repairs being required.  But find out from landlord first whether they can confirm in writing if alternative housing is available while the house is undergoing works.  The landlord might not have any other properties available or is unable to offer any alternative housing options due to covid-19.    The landlord can increase the rent but there are rules regarding this.  See https://england.shelter.org.uk/housing_advice/private_renting/rent_increases   Guidance about homes being fit for habitation.   https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-tenants-homes-fitness-for-human-habitation-act-2018   Housing is quite a complex area and you might want to contact Shelter the housing charity, if the local Council Housing cannot assist first.     The work to the house is likely to take months and if  it is started in the next few months, given Covid-19 restrictions (social distancing), your Mother might find herself not able to occupy it over the Winter including the Christmas period.   I suspect many contractors such as electricians have a backlog of work due to the lockdown and when the lockdown is lifted, they will prioritise the work they have already agreed to.  The landlord may therefore struggle to arrange the works, unless they have friends who work for them regularly.     
    • Thank you. You haven't told us the value of the car. Also, who did you actually bite from – meaning which company or trading name did you pay the money to – what name appears on the receipt. Also, how did you pay? This has been going on for over two years and I am rather surprised that you've allowed it to go on so long. You probably will have to issue a claim – that it's probably only worth doing if you know that you can enforce the judgement. Have you checked the trust registry for other judgements against this company? https://www.trustonline.org.uk/ unfortunately it costs money to access the database – but I'll bet you that there are a stack of judgements against the company – and it would be interesting to know how many of them are ever enforced. Have you looked on Google and have you looked on trust pilot to see what is being said there? As far as I can see if, the TMO doesn't have any particular powers which means that if they find in your favour and the trader doesn't comply, then you have to bring a full claim and start again. With the financial ombudsman service, there is a fairly direct route to getting a judgement – although of course there is still always the problem of enforcement. I'm quite sure that a court would pay regard to the decision of the TMO and so I'm sure that your chances of success will be much better than 95% – and as I am sure that you have paid more than £600 for this vehicle, you would be able to transfer up to the High Court for enforcement by High Court Enforcement Officers – take a very rigourous approach to enforcement and whose fees are very high – typically £2000 – but to be paid by the defendant if the HCEO execute a successful enforcement. If they are unsuccessful then the cost to you is only about £66.   Will be very happy to help you with your claim and it would be fairly straightforward – but you will have to consider the risk factors which include your claim fee – a hearing fee (unlikely to happen) cost of transfer up to HCEO and the general hassle of doing it all with probably a fairly real chance of being unable to enforce the judgement. I don't know how much the claim fee will be because you haven't told us the value of the vehicle. In exceptional circumstances you can claim litigant in person costs at £19 per hour (I think). These are generally only available in the face of unreasonable behaviour by the defendant – and this may well be an example where the court would apply its discretion in your favour. So if you decide to bring a legal action then you should start trying to work out how much time you have spent on the whole thing – and make sure it is all moderate unjustifiable and not simply a money grab.
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pj almost 50

Father Passed away recently - Funeral costs & current, savings A/C & Bcard debt - What comes out 1st?

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Hi Guys and Girls.

 

It's been a few years since I've posted on here. 

 

In February this year unfortunately my father passed away. 

Im in the process of sorting out his financial affairs, having notified Barclays of his death his accounts are all stopped.

 

He has a savings account,

a current account and

two barlaycards.

One credit card with a balance of approx £6000 one with a balance of £750 my mother is also a card holder on this account.

 

He has Approximately £8000 in his savings account.

On speaking with Barclays their immediate responce has been that the debit balances are to be cleared from his savings and current accounts.

Any surplus money can be paid to the funeral directors on reciept of their invoice and any money left will be forwarded to my Mother.

 

In the short term I have forwarded the funeral directors invoice, a death certificate and am still awaiting Barclays to contact me again. 

 

My question is (and yes I appreciate its a little unethical)

but if I sent  a CCA request as proof that my father had indeed signed an agreement (if they can obviously find it after 30 + years) that would confirm that indeed what they are saying will happen.

If the can't then the minefield could be opened that they aren't entitled to deduct monies from one account to pay a debit balance in another?

 

Any thoughts or pointing in the right direction of approach would be appreciated.

 

Cheers

 

PJ

 

 

 

 

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regardless to if/if not they can produce age old agreements, which I doubt they can anyway, I don't think there is anyway to stop them.

 

this is always a very big pitfall of keeping any money/income anyone has, inc yourself, in accounts with a bank you have debts with.

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Unfortunately, My Dad always "knew best".

Wouldn't talk about finances nor take advice.

I told him some years ago to transfer any balance onto a different lender. Obviously, he didin't :-(

 

The difficulty here is there are terms and conditions for both his current account and credit card accounts..

 

I thought it would be a hiding to nothing but thought I'd ask the question.

 

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I'm not sure on this and would need to check more thoroughly to make certain , but ........

 

Isn't the credit card balance an unsecured debt, meaning the funeral cost would take priority and have to be paid from the £8K  bank balance.


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the funeral costs must come 1st yes , that's the way my 2 were then the rest got swallowed, but I got a good portion of it back from Barclays because of unlawful charges across accounts in joint parents name and individual A/C's


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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I've been told that by someone however, the lady I spoke to at Barclays basically said it's the other way around.. Communication with Barclays is slow at the moment due to staffing levels and people trying to get through on the phone re' other issues.. 

 

As an absolute minimum I'd expect the funeral costs to come out of my late father's estate then what money is left pay the C card debts. As yes as you say they are and unsecured debt.

 

I'll update as I learn more directly from Barclays over the coming weeks.. 

 

 

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Thanks guys..  Keep you posted 👍

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I've updated your title to better reflect the issue.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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OK.. Cheers for that.. 👍 

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Hi PJ,

 

Don't rely on Barclays to tell you the truth about this. They tend to look after their own interests !!

 

Once you're sure of your rights, put your position to the bank in writing. Do not rely on phone calls.

 

 


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I agree with the guys, funeral expenses first. This is a website I used when I was dealing with probate for my mother and my OH found it useful too. If you scroll down a bit, there's a list of priorities in order. Barclays can't change that.

 

https://www.bereavementadvice.org/topics/probate-and-legal/insolvent-

estates/

 

And another one from the government's Money Advice Service, scroll dow to Step 3.

 

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

 

HB


Illegitimi non carborundum

 

 

 

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Thanks HB 

 

Having read this bit from your first link.. 

 

"WARNING: If an organisation such as a bank has multiple assets, e.g. a current account, a savings account, a credit card and a loan, they can legally put all those accounts together to discover if there is an overall positive or negative balance. Therefore it will probably not be possible to use money from a savings acount with money in it to pay for a funeral, if there is an overall debt to the bank."

 

Based on that I'd say that Barclays will lump it all together. Find a positive balance of approx £1500 and send that as part payment of the funeral invoice. 

 

However, that would depend if priority is given to paying the funeral costs first.. Then they put the account balances together to calculate what's left positive or negative, in this case it would be negative as the funeral cost was approx £4350.

 

Based on the above warning Barclays will ensure they're paid back first 🙄

 

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Have you tried asking Barclays to release funds for the funeral invoice?

 

HB


Illegitimi non carborundum

 

 

 

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I'm awaiting a letter from them setting out the position.. I attempted to phone them on Thursday last week as they had written to my mother detailing the credit card details and said they hadn't received a death cert, which were certain we sent. Anyway it was a recorded message due to covid 19 etc the call waiting time was an hour. So I hung up. 

 

As above though, it's wise to communicate in writing. I'm expecting something to land on the mat any day now. See what they say. 

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I suggest you write to the bank rather than wait for them to contact you.

 

Take the initiative - you really have nothing to lose.


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The OP has already written to the bank.

 

However, don't let things drag on.  In a similar situation I had appalling service from a bank (all to do with their cost cutting and centralising services).  If they don't reply within a reasonable time keep pushing them.


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Correct I have.. 

 

Covid 19 has put normal response times under pressure. Even the post office is only delivering mail every other day.. Had no mail since last Friday

 

Hence I'm expecting something today.. 

 

The reason for my original post was I doubt a letter mearly saying," please friendly and nice bank pay the funeral costs first and whistle for any remaining debt balance" would achieve the desired affect. So I asked if anyone new if any rules, acts or the like that would force them to if they didn't....

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Posted (edited)

Is the £8,000 in his savings account his only asset?

 

If not then I don't think you can insist that the Funeral costs have priority for payment from the funds held by Barclays. Funeral costs are a priority debt for payment from the Estate as a whole. Not from a specific bank account. I'd think if there are assets in the Estate outside Barclays will say use those.

Edited by Ethel Street
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Cash asset yes 

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Posted (edited)

The priority of funeral expenses applies only

 

(a) if the Estate is insolvent, and

(b) from the total net assets of the Estate, not from one part of the assets.

 

As a matter of interest has the Funeral Director's bill been paid yet? Who by?

Edited by Ethel Street

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This is the minefield I suspect. Credit cards are unsecured debts and the debtor has died. So there is no one to chase for the money.. The biggest asset (the house) my mother lives in. I doubt a CCard company would persue attempting to secure a charge on the house through the courts. He has two other credit cards and one has been written off immediately (I have written confirmation of that) the other basically said if there's some money (cash in the bank) we'll have some, if there isn't please confirm that and that's the end of the matter.. 

 

 "assets" are referred to as cash in the bank when I spoke with them all advising of my father's death.. 

 

Post been and nowt from Barclays today. I've paid £2400 deposit on the funeral cost. With the  balance due in about 10 days.. 

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Posted (edited)

"Assets" does not mean only cash in the bank. "Assets" is everything the deceased owned including land and property.

 

Is there a Will and are you the Executor? If so it is not correct that there is no-one to chase for the money. The Executor is legally liable for settling the debts of the deceased from their Estate and if the Executor fails to act in accordance with their legal duties they can be pursued personally. Whether a bank would bother to that for a debt of this size in practice is another matter.

 

Why do you think a CCard co wouldn't attempt to secure a charge on the house?

 

Sounds like you will end up paying the balance of the Funeral Director's invoice yourself, as well as the Deposit, so an issue for you is how you get that repaid from the Estate?

Edited by Ethel Street

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Yes I know assets is everything owned by the deceased.. 

 

On speaking with the ccard companies so far.. They have specifically said "cash in the bank" 

 

As you've just stated its probably not top of their list to chase for it..  

 

If it was half a million quid owed they probably would.. 

 

Yes he had a will and no I'm not the Executor.. Mearly attempting to investigate what is correct and proper for a bank to do in the circumstances I've outlined above 👍

 

 

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