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    • I cannot see many people agreeing to any virtual webcam review of goods to be controlled.     Many people in debt may not even have the facilities to be able to do this.   And the few that agree may try to have a laugh at the enforcement companies expense.  e.g. this painting is by well known local artist Peter Ist, but he signs his paintings as  P Ist and this other painting is by Brian Roke who signs his paintings as B Roke.     Who would agree to this without understanding the consequences ?      
    • Well poss unenforceable cca both lets see
    • Although I will be submitting another request as DVLA haven't stated when they responded to VCS with the information.  18th was a Friday,  VCS say they posted the letter on Mon 21th.  Seeing how this SAR has taken this long, I doubt the DVLA went all out to clear the request over the weekend, but we'll see.
    • Thanks for the heads up, Peterbard  this will potentially open a big can of worms similar to the assumption all goods seized bailiffs used to try to rely on the comments in the Law Gazetter  are quite revealing, as in thety cosdider the judgment very iffy, the comment about the bailiff asking the debtor to move the webcam so they can get the image of the TV and Playstation illustrating the potential silliness, notwithstanding the way some EA's will rely on that Virtual CGA to allow them to force entry as if they had physically entered premises for a Convential physical compliant entry,  That is a dangerous judgment.
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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!
       
       
        • Thanks
    • 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
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

Do debts die with a person without assets?


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Might seem a bit of a strange question, please bear with me.

 

I had a DRO back in 2013, I got myself into a lot of trouble.

November 2019 the DRO came to an end and a week later my bank, TSB, whom most of my £15k debt which was written off through the DRO, contacted me and said "Hi Hick, would you like a credit card?"

 

"Erm, ok, clearly I'm a great risk, but your computer says great, so ok yes please...."

Boom, £10k credit card!

 

I've tried hard in the last year since then, but nothing's really changed.

My hatred for the banks is still the same, my dislike of my own life is unchanged.

 

if I were to buy £9,000 worth of gold bars from royal mint and give them to my nephew on the strict instruction to keep them to himself, then wait a few months whilst I'm making minimum monthly repayments on credit cards.

 

If I were then to "die", - with a proven death certificate and evidence of cremation of my old bones.

Would my nephew get to keep the gold?

 

Sorry if this seems a bit of an odd question, however a lot of posters here seem to know their stuff

I'd appreciate insight.

 

My hatred for TSB runs deep.

Cheers,

HickD.

 

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Hi

 

It would be better if you explained your issues properly as to what has happened with TSB from start to finished to give us a clearer picture to be able to assist you.

 

When did the DRO start and finish?
 

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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The general rule is that debts don't die when the person dies. They become debts payable from the deceased person's Estate and the Executors/Personal Representatives have a duty to pay those debts out of the assets of the deceased person. If the Estate is insolvent, the debts exceed the assets, then of course the debt can't be repaid. Neither Executors nor family are personally resposnible for paying the debts of the deceased from their own money. If the  Estate is insolvent there are rules about which creditors get priority etc.  That's just a broad overview, not legal advice. There can be many more complexities.

 

There's a big BUT though in the situation you describe. Creditors are able to challenge gifts given away in your lifetime if they believe the gift was made to avoid debts to creditors being paid from the Estate. So creditors might be able to recover the gold bars. I have no personal experience of this and don't know the detailed rules or how it works in practice. You'll need to do more research.

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This post is concerning as your mindset seems to be 'no you, no debt'.

 

Please do not consider financial debts as huge issues, they can be easily overcome and will not have an adverse effect on the rest of your life.

 

There are rules about gifting finances so you wil need expert advice on buying bullion and gifting it.

 

Many people have been in very dark places in their lives and debt can cause that, but it is something that is easily overcome with the right advice, which you will get on the pathway to here.

 

Give us the details of your debts and we'll go from there.

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