Jump to content
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


  • Tweets

  • Posts

    • Ethel Street
      Santuary Housing

      By Ethel Street · Posted

      Banks have different limits above which they require Probate. So it may be Probate is not needed, although as he died with no Will that could complicate things. Is all the £28k with Virgin Money? Your wife should contact all banks who hold his money with the death certificate and ask them what they need to release the funds to her. Most banks have a central "bereavement department". Check their websites. Use that department rather than general call centre or bank branch if they have one. Nearly every bank website has a section on "what to do when a customer dies" so have a search for that. Your wife may also have to provide evidence that she is his daughter. When his wife died it sounds like they had a joint bank account so that's why her money just went across to him. But as it isn't a joint account now transfer to your wife won't be quite that simple.  
    • FTMDave
      MET CCTV PCN - 23 min stay - Southgate Park, Stansted Airport (346)

      By FTMDave · Posted

      That explains it then. MET's fantasy is that it's a pay car park.  You're only let off paying if you are a Starbucks customer which you can't be when Starbucks is closed.  'Cos otherwise lots of people would abuse the car park facilities on the far edge of the Stansted Airport area in the middle of nowhere to ... admire the bushes?  Look at the cloudy sky? The important thing is that we have around 140 cases for this site, and MET have only tried court seven times.  Even then, they had no intention of getting as far as a hearing, they were attempting to intimidate the motorists into paying, when the Caggers defended the cases MET discontinued.
    • finaldj
      Santuary Housing

      By finaldj · Posted

      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.  
    • Ethel Street
      Santuary Housing

      By Ethel Street · Posted

      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
    • finaldj
      Santuary Housing

      By finaldj · Posted

      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.  

  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.

      BankFodder posted a topic in Vehicle retailers and manufacturers,

      If you are buying a used car – you need to read this survival guide.
      • 1 reply
      BankFodder

      Picked By

      BankFodder,

    • Big Motoring World Enfield /Blackhorse - done over on car - @BigMotoringWrld

      ATJ posted a topic in Vehicle retailers and manufacturers,

      Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
      BankFodder

      Picked By

      BankFodder,

    • A2Dominion - Housing Association property flooding - damning ombudsman report

      WanTToMoveOn posted a topic in Residential and Commercial lettings/Freehold issues,

      Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
      WanTToMoveOn

      Picked By

      WanTToMoveOn,

    • Post in Suing a parcel delivery company when you don't have a direct contract with them – third-party rights Copy of judgment available

      BankFodder posted a post in a topic,

      We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
      BankFodder

      Picked By

      BankFodder,
    View All

  • Recommended Topics

Twitter X - Include the @company's twitter name in your post title – here's why…
The UK Stands With Ukraine - 'Slava Ukraini'
Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Bleackley Vs Abbey

angeraboutabbey

By angeraboutabbey
in Santander

 Share
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 6252 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

angeraboutabbey

angeraboutabbey

Posted
  • Author
Posted

Abbey have now entered their defence - I have until 19th Match to file Allocation Questionnaire. Defence is quoted below - does it look like the usual format? Anything I should worry about?

 

 

1) Save as is specifically admitted in this defence, the defendant denies each and every allegation set out i the particulars of claim.

2) It is admitted that the claimant has a bank account with the defendant, account number to be particularised ("account")

3) At all times the Account has been subject to the applicable terms and conditions ("conditions"), which for part of the contract between the claimant and the defendant and to which the claimant agreed when he opened the account. The defendant will refer at trial to the full conditions, but for the purposes of this defence will refer to the following extracts:

1) You can apply for an overdraft on your account. If we give you an overdraft we will tell you your limit and the interest rate applicable.

2) An unauthorised overdraft occurs if without our agreement you overdraw your account or exceed the limit of an overdraft which we have agreed.

3) If you have an unauthorised overdraft, you will be charged fees as set out in our tariff of charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your account.

4) Throughout the period that he has had the account, the claimant recieved a number of copies of the conditions and of the said tariff of charges as they were ammended and updated (though there has been no material amendment to the conditions extracted in paragraphs 3(1), 3(2) and 3(3) above).

5) Any overdraft facility ob the account was (and is) subject to the conditions.

6) The claimant has overdrawn or exceeded authorised overdraft limits on the account on a number of separate occassions, full details of which will be provided on disclosure. Therefore by virtue of the conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the claimant bacame liable to pay fees to the defendant in accordance with its tariff of charges applicable at the time of review. In accordance with the conditins, such fees were debited to the account.

7) In view of the facts and matters referred to in paragraphs 3,4 and 5 above, the defendant denies that the amount of £1938.50 or any other amount was unlawfully debited to the account and the claimants claim for the repayment of that amount is therefore denied.

8) The claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the defendants administration expenses incurred due to the claimant's breach of contract and are a genuine pre-estimate of the damage suffered by the defendant.

9) Further or in the alternative, even if said fees are not proportionate to the defendants administration expenses incurred (which is denied), the claimant remains liable to pay such fees as may be found to be proportionate and the claimaint is not entitled to claim the repayment of the full amount of each charge made to the account.

10) the defenant denies that the claimant is entitled to claim interest in the sum of £316.96, or any other amount.

11) No admissions are made as to the amounts claimed by the claimant and the claimant is put to strict proof of the same.

I think it all looks like standard stuff but am a little concerned about statements 8 and 9 as being ways to ensure that I either will have my claim thrown out or still have to make some payments...any thoughts?

 

 

Thanks

:D No longer angry with Abbey - they paid out £2500 in unlawful charges!
Link to post
Share on other sites
121o121

121o121

Posted
Posted

Heres the Defence I recieved last week.

 

1. Save as is specifically admitted in this Defence, the Defendant denies each and every allegation set out in the Particulars of Claim.

 

2. It is admitted that the Claimant has a current bank account with the Defendant, account number to be particularised (the "Account").

 

3. At all times the Account has been subject to the applicable terms and conditions ("Conditions"). which form part of the contract between the Claimant and the Defendant and to which the Claimant agreed when the Claimant opened the Account. The defendant will refer at trial to the full Conditions but for the purposes of this Defence will refer to the following extracts:

 

(1) "You can apply for an overdraft on your Account. If we give you an overdraft we will tell you your limit and the interest rate applicable."

 

(2) "An unauthorised overdraft occurs if without our agreement you overdraw your Account or exceed the limit of an overdraft which we have agreed."

 

(3) "If you have an unauthorised overdraft, you will be charged fees as set out in our Tariff of Charges or specified to you and these may include fees for transactions we are unable to process due to lack of available funds in your Account."

 

4. Throughout the period that he has had the Account, the Claimant received a number of copes of the Conditions and of the said Tariff of Charges as they were amended and updated (though there has been no material amendment to the Conditions extracted in paragraphs 3(1), (2) and (3) above).

 

5. Any overdraft facility on the Account was (and is) subject to the Conditions.

 

6. The claimant has overdrawn or exceeded authorised overdraft limits on the Account on a number of seperate occasions, full details of which will be provided on disclosure. Therefore by virtue of the Conditions referred to in paragraph 3 above such overdrawing was unauthorised and in breach of contract and the Claimant became liable to pay fees to the Defendant in accordance with its Tariff of Charges applicable at the relevant time. In accordnace with the Conditions, such fees were debited to the Account.

 

7. In view of the facts and matters referred to in paragraphs 3, 4, 5 and 6 above, the Defendant denies that the amount of £551.00 or any other amount was unlawfully debited to the Account and the Claimants claim for the repayment of that amount is therefore denied. The Defendant denies that the Claimant is entitled to claim interest in the amount claimed of £105.46 or at all.

 

8. The Claimants contention that the said fees are unenforceable and/or are "penalty charges" is denied. The fees reflect and are proportionate to the Defendant's administrative expenses incurred due to the Claimant's breach of contract and are a genuine pre-estimate of the damage suffered by the Defendant.

 

9. Further or in the alternative, even if the said fees are not proportionate to the Defendant's administrative expenses incurred (which is denied), the Claimant remains liable to pay such fees as may be found to be proportionate and the Claimant is not entitled to claim repayment of the full amount of each charge made to the account.

 

10. No admissions are made as to the amounts claimed by the Claimant and the Claimant is put to strict proof of the same.

 

Exactly the same as mine (apart from a few personal details). Nothing to worry about.

 

Did you get an offer?

for FAQs & Step By Step

click here

for Templates Library

click here

for Court Bundle

click here

________________

 

WON 121o121 'vs' LloydsTSB

here

WON 121o121 'vs' Halifax C C

here

WON 121o121 'vs' Cahoot CC

here

WON 121o121 'vs' LloydsTSB (again)

here

 

________________

Link to post
Share on other sites
angeraboutabbey

angeraboutabbey

Posted
  • Author
Posted

Thanks 121, No offer as yet unfortunately - had thought of writing to the bank in light of recent publicity and offer the chance for them to settle one last time, including a bit more detail about the support I have researched for my case and a little extra work I have done on the schedule of charges showing account balance and actual transaction details against each charge; this in itself makes quite interesting reading.

:D No longer angry with Abbey - they paid out £2500 in unlawful charges!
Link to post
Share on other sites
Mad Nick

Mad Nick

Posted
Posted

Ang(etc),

I think it all looks like standard stuff but am a little concerned about statements 8 and 9 as being ways to ensure that I either will have my claim thrown out or still have to make some payments...any thoughts?
8 is a little corker - let's see them prove that one ! 9 is hogwash - in contract law the Liquidated Damages (default charges in this case) are either enforceable or they're not. There's no retrospective in between figure - unless you agree to one (which I'm assuming you won't, LOL). And even if there was (which there isn't), they would still have to disclose their costs (which they won't). Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites
  • 4 weeks later...
angeraboutabbey

angeraboutabbey

Posted
  • Author
Posted

Is this the answer I am looking for?

 

Filled out AQ as requested and have waited with baited breath for the last few weeks for Abbeys response. Recieved Notice of Hearing yesterday.

 

District Judge Rutherford has considered the statements of the case and allocation questionnaires filled and allocated the claim to the small claims track.

The hearing will take place at 14:00 on 2nd May at Trowbridge County Court and should take no longer than 15 minutes.

[WOW! IS THIS GOOD OR BAD???]

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14days before the hearing.

The original documents shall be brought to the hearing.

The defendant do by 4pm on 2nd April 2007 file and serve:

1. An itemised statement showing how each and every item charged is calcul\ated.

2. A copy of the contract of the customer.

3. Skeleton legal arguements if points of law are to be argued relating to punitive damages and/or unfair contract terms.

Dated: 23rd March 2007.

 

 

Does this ask Abbey to show how they calculate my charges? Is this the end of my wait and if so why have Abbey still not made contact with me?

:D No longer angry with Abbey - they paid out £2500 in unlawful charges!
Link to post
Share on other sites
  • 2 weeks later...
angeraboutabbey

angeraboutabbey

Posted
  • Author
Posted
Is this the answer I am looking for?

 

Filled out AQ as requested and have waited with baited breath for the last few weeks for Abbeys response. Recieved Notice of Hearing yesterday.

 

District Judge Rutherford has considered the statements of the case and allocation questionnaires filled and allocated the claim to the small claims track.

 

The hearing will take place at 14:00 on 2nd May at Trowbridge County Court and should take no longer than 15 minutes.

[WOW! IS THIS GOOD OR BAD???]

 

Each party shall deliver to every other party and to the court office copies of all documents (including any experts' report) on which he intends to rely at the hearing no later than 14days before the hearing.

 

The original documents shall be brought to the hearing.

 

The defendant do by 4pm on 2nd April 2007 file and serve:

 

1. An itemised statement showing how each and every item charged is calcul\ated.

 

2. A copy of the contract of the customer.

 

3. Skeleton legal arguements if points of law are to be argued relating to punitive damages and/or unfair contract terms.

 

Dated: 23rd March 2007.

 

 

Does this ask Abbey to show how they calculate my charges? Is this the end of my wait and if so why have Abbey still not made contact with me?

 

 

Bump Bump!!

:D No longer angry with Abbey - they paid out £2500 in unlawful charges!
Link to post
Share on other sites
Mad Nick

Mad Nick

Posted
Posted

Hi, Does this ask Abbey to show how they calculate my charges? No - it tells them to. Way to go.

Is this the end of my wait and if so why have Abbey still not made contact with me? It's the beginning of the end of your wait. Just sit tight. Let them come to you. Have all you figures ready - up-to-date interest and bundle prep costs.

Nice one. Regards, Mad Nick

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites
angeraboutabbey

angeraboutabbey

Posted
  • Author
Posted
Hi, Does this ask Abbey to show how they calculate my charges? No - it tells them to. Way to go.

Is this the end of my wait and if so why have Abbey still not made contact with me? It's the beginning of the end of your wait. Just sit tight. Let them come to you. Have all you figures ready - up-to-date interest and bundle prep costs.

Nice one. Regards, Mad Nick

 

 

Oh the wait seems endless...Abbey did not return the requested documents to the court on time - now there is a surprise !

 

Should I ring them before I start to finalise my court bundle...or wait??? They have made no contact with me at all. I am really nervous now, can they possibly have something over me after all this?

 

Suggestions very, very welcome

 

with regards as usual.

:D No longer angry with Abbey - they paid out £2500 in unlawful charges!
Link to post
Share on other sites
Mad Nick

Mad Nick

Posted
Posted

Hi,

Should I ring them before I start to finalise my court bundle...or wait???
I wouldn't. I've never seen Abbey settle before seeing a Court bundle*, and ringing before might come across to them as a sign of weakness. Regards, Mad Nick

* correction : unless the Judge orders a stay for the parties to negotiate a settlement.

Abbey £8370 settled 17 Apr 07

Link to post
Share on other sites
 Share
Go to topic listing

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


Follow: @real_CAG

Navigation Links

Welcome
CAG Community Centre
CAG Library
Banks & Credit
Other financial Institutions
Retail
Non-Retail
Work & Social
PayDay and Short term Loans
Debt
Motoring
Legal

Latest

Our Picks


Help and Support

CAG Library
Questions about This Site
Change your notification sound
Change your profile picture - FREE!


Useful LInks

County Court Forms
MoneyClaim Online
CPR - Pre-Action Protocols
Civil Procedure Rules
UK Legislation
Youth Consumer Service

Reclaim the right Ltd

registered in the UK
reg.05783665
reg. office:-
262 Uxbridge Road, Hatch End
England
HA5 4HS

The Consumer Action Group

The National Consumer Service
×
×
  • Create New...