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    • Hello, I sent a parcel for a return via Hermes on the 11th of jan and the value was £188. I only paid extra for signature required when they deliver it to the address. I called them on the 26th to find out where my parcel is and after waiting for over 40 mins they opened their phone and said that it has been stolen from the van with some other packages on the 15th of jan. They did not try to contact me at all to notify me of this. They sent me a claim form however they said that because I didn't pay for insurance I only get £20 plus delivery fee. I saw a similar case here that had managed to get their money back by threatening them that they'd take them to court under consumers rights act .  I was wondering whether I could do the same since they weren't responsible with delivering my package and allowed for it to be stolen.    Any advice would be hugely appreciated Thank you 
    • Hi Honeybee Yes that's the one - many thanks. I did try and update it late last night but it said I had to contact site owners so I gave up and went to bed! In the end after no contact/updates from the solicitors the sale went through very quickly so I presume that didn't give the council sufficient time to swing into action.   Thanks
    • I tried to post an update on an earlier thread without success.   Long story short. The house sale has taken place [title deeds had a charge against property] Restriction said 'No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to [name of council].   Exchange and completion within a couple of days. I've not heard anything from either solicitors involved on this point nor the council so not sure of the purpose / effectiveness of the charge as it doesn't seem to have held up the sale.   Perhaps I'll get a bill next month?? Has anyone had a similar experience?    
    • Hi Hammy1962,    You make a fair point.  Yes, I made a mistake. I fully accept that.    As noted, this was an honest mistake - the DD was coming out of a joint account and I (mistakenly) assumed this was set up by my wife.    What concerns me - and I want to flag to others - is that when I was sold this policy it was not made clear that there is no obligation for D&G to get approval to continue this each year, no need for me to approve any increase to the premium they deduct (which has tripled over the period) or for them to change the policy. I was in effect (with one phone call) writing them a blank cheque when I agreed to this. If I had been clear on that I would have not taken on the policy.    From a business perspective, if one of my customers had presented me with these facts I would have handled it differently too.    Cheers!           
    • So the latest is I have agreed first thing  Monday morning with CCP to make payment by 22nd February. Just received a telephone call from Chartsbridge to make arrangements to collect my vehicle as they have just been instructed by CCP!!!
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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!
       
       
        • 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

Role of Executor and being a beneficiary.


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Hello 

I'm dual executor in my mum's will with a brother.

He has spent the two months since my mum passed arguing with everybody.

Saying he has had enough.

Hates us all.

Blocked me contacting him for two weeks.

 

I sorted my mum's funeral and paid for it.

He just walked away from any responsibility.

 

I started work on closing amenities etc.

Sorting out paper work.

We need to apply for probate.

 

I realise I need his signature and agreement to move forward.

I asked him directly what he wanted to do.

He said he wanted to remain executor.

I suggested he went and read up about what it meant. 

 

whilst he was sulking and off the scene.

My uncle was letting himself into the house and rummaging.

I can't prove anything but items remain misplaced at the moment.

 

I decided to remove the family photos, stamp collection and jewellery and take it to my house for safe keeping.

These things have been left for me in the will.

They have great sentimental value to me.

 

My brother is now back on the scene and is demanding I return them to the house as he didn't give permission.

He has eventually agreed to the locks being changed and we are looking to increase the insurance to cover a unoccupied house with belongings in situ properly. 

 

It bothers me greatly that firstly they are going to be left unattended and I also know that he wishes to secure some of the stamps himself.

Regardless of them being left to me. 

 

Am I legally in my right to refuse to return them or does everything in the house (regardless of what is written in the will) have to stay in situ till probate is awarded?

 

Thank you so much for any advice.

 

 

 

 

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Hi.

 

I'm only speaking from personal experience on this and don't know all of the legal stuff. I removed things from my mother's house after she died and just told the other executor. Perhaps you could offer to share photos of what you have?

 

Does the empty dwelling insurance cover valuables? If not, that would help you. There's a website I used for advice who were great, I'll post a link later. On my phone atm. 

 

HB

Illegitimi non carborundum

 

 

 

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i would certainly not, regardless of them being mentioned to whom by whom in any will

leave any valuable items in an empty house insured or not.

 

as an exec, you are duty bound to take all steps or actions you feel necessary, including removal, to safety secure such items.

i took everything out, documented it and stored it.

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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All valuables should be removed from your late mother's house. Everything of value. One of the legal duties of an Executor is to protect and safeguard the Estate until it is passed to the benficiaries. This summary of that duty is from a solicitor's website, you'll find the same thing on most websites advising Executors:

 

...a point that is often overlooked is the executor’s duty to secure and protect estate property. This includes any house or other valuable items. Executors should ensure that property is insured (and that insurance remains valid while the property is empty). If not, the executor would be liable for the loss suffered by the estate if the property burnt down, was flooded or suffered damage in any other way. This is a critical point, and executors may find themselves having to pay insurance premiums out of their own pockets very early in the adminstration before they have gained access to estate funds. 

 

It's irrelevant who the valuables who have been left to. Executors are jointly and severally responsible responsible so you don't need his permission to remove them for safekeeping. You definitely do not have to leave the property in the house until probate is granted and you should not do so.

 

Re insurance. Almost certainly in an unoccupied house (a) the insurers will exclude valuables and (b) they may not cover theft. So insurance is not a substitute for removing valuables for safekeeping.

 

It's clearly going to be difficult if your brother is refusing to co-operate and the first step is to try and talk it through with him and agree how you can work together. For your mother's sake as much as yours. Would she have wanted you to work together? I'm sure she would as she made you joint executors.

 

Bear in mind that perhaps your brother is working through his grief, even if he isn't admitting that to you. That might be why he doesn't want anything to change at your mother's house yet?

 

Read up on line about submitting Probate. They switched to an electronic system and that + covid have resulted in some extensive delays in Probate being granted.

 

 

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Hi Charlie and welcome to CAG

 

As an Executor, you have a duty to insure the property and tell the currect insurer of the passing of the deceased.

 

Most insurers will refuse normal contents cover on a house left unoccupied beyond 60 days. So, unoccupied, the home will not be insured against break-in damage, theft, flood, accidental damage, etc.

 

You may be able to obtain FLEE insurance covering only Fire, Lightening, Explosion and Earthquake. It may cost more than usual contents cover  because the home is unoccupied, even though the level/amount of cover is less than for an occupied home.

 

As said here already, an Executor would be wise (or indeed have a duty) to remove valuables from the home if you have somewhere safer to store them pending Probate, distribution, sale, etc.

 

I hope if you can explain the insurance risks to YB and assure him that you are not taking items just for your own benefit, he may see sense.

 

Please keep us updated ............

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How to remove an executor of a will | The Gazette

 

"...before you issue an application to court to remove a problematic executor, it is important to try and resolve the issues without court intervention, which should be treated as a last resort."

 

And it will cost money and the application may be unsuccessful - it needs to be more than just the other executor not co-operating

 

"An attempt by the beneficiaries to remove the executor is not an easy application. The beneficiaries must prove serious misbehaviour before the court will even consider forcing an executor to step down. In general, the courts will only remove an executor if the beneficiaries can show the following:

  1. the executor has become disqualified since the deceased appointed him
  2. the executor is incapable of performing his duties
  3. the executor is unsuitable for the position."
Edited by Ethel Street
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