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    • So they have had their five days plus their extra deadline and the only thing to come from Virgin is a deafening silence.  Next step I assume is to send the warrant letter- on MCOL I can just go ahead and issue the warrant there (which will be an extra £70) as they have neither paid the judgment nor provided a good explanation as to why it remains unpaid. Is it worth beginning another claim against them for noncompliance as they have still failed to fulfil their obligations by providing all the data?   Just to keep all bases covered I actually modified the last paragraph of the letter sent on 11/2  to include the second handset details so it stated 'Therefore if I do not receive full disclosure from you(including all notes and correspondence you have regarding telephone number [Second handset line]) by XXX date [original deadline +5 days] I will sue you in the County Court and without any further extensions and without any further notice.'  
    • Hey Bank Fodder - thanks for the response... The BVRLA are the governing body for vehicle rental and leasing. I do think you are right re: the lease company being responsible, but their argument - on the telephone only - they've never responded once in writing or replied to our emails - is that the vehicle is out of warranty. My response is that a modern car, that is only 5 years old, should not have a leaking window - especially when I can prove with photos that it wasn't bonded properly in the first place, and there is a ton of anecdotal evidence in Evoque forums of many owners having had the same faults - both with the leaking windscreen and the flywheel/clutch issue.   The fact that Lex have told the the BVRLA that the clutch failed due to driving style is infuriating - they cannot know that without having inspected the vehicle. But, when our repair centre did the clutch repair they found the flywheel had failed and shredded the clutch - clear parts failure, and at only 32k miles - not fit for purpose. Problem, is Lex are not listening or engaging with us. In total, for 3 months refund of payments, for when we had no use of the car, plus the clutch repair and leaking window repair, and the replacement car seat (plus any additional compensation we may be due) it comes to about £4850. In Scotland we would have to use something called a Simple Procedure - effectively the modern equivalent of the Small Claims Court. But I am not sure we will get anywhere with this either. So, I am looking for advice on how best to sort this out, and perhaps, the best way to word any correspondence/claim.  
    • That’s what I thought tbf Dx. Noticed it’s all just ‘ifs’ and ‘mays’ at the minute.    Will search just now cheers.
    • Letter done & sent, forgot I even had a cheque book!   In the meantime as I said I had 2 a/c's with BC, this one that owes £2600 and another that owes £2800. Both were subject to the same arrangement but only tis one has been transferred, called and asked them why and they do not know!   I'm thinking I am better off with Link as then, if they can prove the debts, I can look to negotiate a final settlement for both all in one or set up a payment plan for both all in one. Any thoughts please?   Also is there any relevance that one of them used to be with Egg?   Thanks again
    • If the car was due back to LEX at the beginning of October, and it had been at "a repair centre" since the end of September, why didn't LEX just collect it from the repair centre when it was due?  Then the clutch would have been their problem - as you say, a non-faulty clutch should not fail after 32K.   Or are you saying that you extended the lease after the clutch went?  (Surely not... ) Sorry but without a timeline and some clarity from you it's difficult to follow what has happened.   Why wait until mid-November to try to sort out?   Too late this time, but my understanding is that Range Rovers and Evoques have an appalling record for unreliability and are very expensive when they invariably go wrong.
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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
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      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
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      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.
       
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    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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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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