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I started by doing it myself. Did exactly the same (aside from the forms were actually online - they complete the same paper forms and you get a PDF that looks the same as if you had filled them in physically). Did the inventory, and then the tax forms etc... everything was fine until they lost the will. Before I sent the will, I made copies (there was a copy already, stamped COPY), and I took a video of every page to prove it hadn't been tampered with in case it was lost. I must have had a premonition or something, as it was lost, but they sent me an email saying that they had received it, so I thought no more of it. I've taken the whole thing back once already, and then passed it to the solicitor (actually the firm that has been linked above). If I do it again, that will be the fourth time (one application, one lost will questionnaire and subsequent application, and the application from the solicitor). I don't think it will speed things up at all. I think the probate office/service has collapsed due to the "streamlining" and the shutting of sub-offices (in the middle of a pandemic - smart!). It's no longer fit for purpose, but nobody seems to be able to do anything about it. My MP is as helpful as a chocolate teapot, the ombudsman is just as slow and has already said that delays are not worth looking into. Over 98% of probate solicitors surveyed by the Public Services Union, say the on-line application process isn't fit for purpose, and 57% have said that they have seen house sales fall through due to delays since 2019. There has to be someone in government that wants to sort this out.
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I can feel your frustration and I do understand it. I had a terrible time at the start of lockdown 1.0 even finding a manned office to pay the probate fee. The second estate I dealt with was at around the same time as yours and was actually easier because people had settled back into working. I didn't put in an online application, I printed off the forms, filled them in and queued up at the post office to sent all documentation off together in the most tracked and signed for process possible. Sending off the original will is scary. Wondering if taking back the whole thing, starting from scratch and doing as much as possible yourself would make you feel better and actually move things faster.
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Thanks for that. So in this case the 21 days doesn't apply because they did get permission from the judge? Forgive me for not understanding all the legal speak in the link, but how many days does VCS now have to file their appeal? I can see that they have to serve it to me within 7 days of filing, but am wondering when they have to file it with the court by. Thanks.
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Hi, only if it's gross misconduct. and for that, it would need to be listed in the conduct/ disciplinary policy as something which is GMC. Can you get a copy of that too? The company are most likely worried they have a liability, because they have not trained people properly in the process to be followed... so keep pushing at that. When were you given the policy? How was it explained to you? If they cannot show they did that - how were you to know what to comply with? if you had known, you would have, of course!
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Post in Court Claim Against Hermes - item sent via Packlink was lost/tampered with **WON**
jj58 posted a post in a topic,
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 ***
BankFodder posted a topic in Postal and Delivery Services,
Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003-
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Natwest Bank Transfer Fraud Call HMRC Please help
waz70 posted a topic in NatWest Bank,
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-
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Hermes lost parcel. **WON**
murraynt posted a topic in Postal and Delivery Services,
Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/-
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