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    • She's an only child and he as a brother and sister. He has no will and we have done a check on this to find out if he had left one and nothing has come up. He has savings of around 28k His sister and brother are well off so 28k is nothing to them and aren't interested in his money. This just leaves my wife/his daughter. Would this still need to go to probate there is no estate e.g house or business to sell and the amount left in his bank is just small? When his wife died they just closed her bank account and moved her money across to his account and we just assumed that once my wife has handed in the death certificate and shown evidence of who she is the same would apply to her? We don't know yet the council have only just written to us today with a guide of what to do next.  
    • Did your FiL leave a Will and if so who is the Executor? Strictly speaking banks could refuse to take instructions until Probate is granted but In practice I would expect the bank to take instructions to cancel the DD if the Executor presents the death certificate and a certified copy of the Will
    • Hi   Sorry I probably wasn't clear enough. He had lived in the flat until December 2022 with Dementia by this time it was unsafe for him to have capacity to live on his own and he had to move into a nursing home. We had left it too late to apply for power of attorney so approached a solicitor in March last year for Deputyship. We were still in the process of dealing with it by May 2024. He passed away a few weeks ago and the solicitor was contacted to halt the application and we will just pay the fees of what work he has done up until now. My wife was the named person on her dads bank account but we didn't have the ability to alter any direct debits hence the reasons for applying for Deputyship as we were having problems trying to stop some payments coming out of his account Eon being another difficult company. We kept his flat on from December 2022 - August 2023. it was at this point I contacted Sancutary housing to inform them he was no longer living in the flat, it had been cleared out and was ready for a new tenant and that he had Dementia and had moved into a nursing home December 2022 and explained the reasons why we kept it on. As the named person to speak on his behalf I asked them what proof they needed in order to give notice on the flat e.g proof of dementia and proof that he was living in a nursing home and anything else they wanted. The lady in the upstairs flat and some of the other residence in the street had asked about him and we had told them he had moved into a nursing home. The lady in the upstairs flat wanted his flat for medical reasons so asked us once we had given notice could be let her know and she'll ask them if she can have it. We explained the difficulties and it was left at that but I did tell her I would let her know once notice was given. I contacted the company by email a number of times and also telephone conversations and nobody followed it up and it wasn't till the end of February this year that the housing manager for the area wrote to our home address to ask about him that he had been to the flat a couple of times and nobody answered and he had asked some of the residence in the street and they hadn't seen him for sometime. There was an email address on the letter so I contacted him and copied in the last 2 emails I sent Sanctuary regarding me wanting to give notice on the flat for at least 9 months explaining that it went ignored as well as telephone calls. I also stated I wanted to have his rent payments returned from the date I wanted to give notice which was from August 2023 as the bank wouldn't let us stop the DD without POT or deputyship explaining we were in the process of Deputyship. He gave some excuse about not having POT to cancel on his behalf and spoke to someone in HR and said he would contact the nursing home to confirm he was there with Dementia and if it all checks out we can give notice on the flat which came to an end on the 22 March 2024. There was not mention of back payments for the rent already paid or the fact I had asked to give notice in August 2023. Despite someone living in the flat from 1st April they continue to take DD payments for the flat and have taken another 2 payments of £501. another concerning thing despite Eon not allowing us to cancel the DD to his account the lady upstairs informed Eon that she was moving into the flat February 2024 and Eon refunding the account to his bank and said in an email sorry you are leaving us and canceled his account. Something they wouldn't let us do but a stranger. She also changed her bank account to his address despite the fact notice hadn't been given on the flat yet. So we need to find out how much information Sanctuary actually had for her to tell her power company she was moving into the flat in February despite the housing manager only just getting in contact to find out where he was. So a complaint is going into Eon and Sanctuary and we are going to take advice and ask the bank to charge back the rent. My wife hasn't taken the death certificate to the bank yet to inform them of his passing.  
    • Yes, I believe the Starbucks was closed at the time the car was parked there 
    • hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond. Ill get the docs scanned soon thanks.    
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friend cannot decide who was driving - nominates dad - dad renominates him! - getting to 6mts limit now?


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‘Prosecution can only occur from 6 months from offence date’

so if the driver is identified post that period, what would happen in that case?

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Prosecution for the underlying offence (e.g. speeding) cannot take place. However, the offence of "failing to provide driver's details" does not occur until 28 days after the request is served. There are some exceptions to this. As above, tell us what happened (with dates) and we can advise properly.

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It’s actually not for me. It’s actually for a friend who cannot decide who was driving at time of offence so he nominates his dad then his dad renominates him. This is nearly reaching 6 months from offence date. So he was wondering what happens post that date if anyone of them were to admit?

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1 hour ago, Moseet said:

...so he nominates his dad then his dad renominates him.

That's not a good idea.

At least one of them (and possibly both) will be prosecuted for "Failing to provide driver's details" (FtP). Upon conviction the offence carries six points, a hefty fine and an endorsement code (MS90) which insurers really hate. An MS90 endorsement will see the premiums at least double (and probably more than that) in the first year and will see considerably increased premiums for up to five years.

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...a friend who cannot decide who was driving at time of offence

The required process is not to "decide" who was driving but to identify who was. There is a defence to the  FtP charge if the recipient can show that "...he did not know and could not with reasonable diligence have ascertained who the driver of the vehicle was.". It is a tough hurdle to clear and will involve convincing a court that all reasonable steps have been taken to establish who the driver was. So what have they done, so far, to establish that?

 

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  • dx100uk changed the title to friend cannot decide who was driving - nominates dad - dad renominates him! - getting to 6mts limit now?

If your "friend" and his dad don't stop messing about trying to avoid a piddling speeding fine they might both end up like these two...

WWW.BBC.CO.UK

Former cabinet minister Chris Huhne and his ex-wife Vicky Pryce are each jailed for eight months for perverting the course of justice over a driving...

 

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