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    • 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.  
    • 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.
    • 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.  
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trapdoorsally vs (HSBC) Highly Scandalous Banking Charges


trapdoorsally
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I assume you mean 6th March to send the LBA :confused:

 

I know this stuff can send you a bit mad!!

 

Yeah that's right, March not Feb - having pointed that out I was so paranoid that I thought I should check which date I'd put on the letter just to make sure - thankfully my sanity isn't too questionable!!

 

Cheers GMM

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Must be because the Isle of Wight is obviously in a diferent time zone to the mainland. Just stick in there. Heard today that 250,000 template letters have been downloaded from the Martin Lewis moneysaving experts website so the banks will get busy.

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Yeah I'm hoping that I've got ahead of those who watched watchdog in the week as well, the banks may as well just start paying it all back without the need to mess us all around, those that don't yet know that they can claim these charges back soon will!!

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  • 2 weeks later...

Hi Guys, posted my LBA on the 6th, I actually received a reply from good old Colin Langdon on the same day asking that I send another letter with a list of the charges detailed within and a total - annoyed me even more that this was quite obviously an automated reply as all of the information that he asked for was within the prelim letter, I'd also attached it to the LBA anyhow and so there we are, at least it means that my letter has been processed, if only through the first channel..........next step THE CLAIM!:cool:

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  • 3 weeks later...

hang in there. might seem ago that you started, but it will pay off. Saw an advert for "we can get you a refund" and enquired. They wanted 25% plus vat for doing this process. Keep going and when you win donate some to the site.

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Hi Guys

Filled out my claim form and handed them in at my local Crown Court, received my papers back yesterday, they were served to HSBC on March 30th, giving them until April 13th to reply!

If they make an offer, is this usually over the phone? I don't remember giving them any phone numbers in which to call? It's slightly irrelevant as I won't except their offer, but in any case it would be nice to hear them offer.:cool:

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have you sent dg a copy of your breakdown? they never offer without it.

here's more info for you:

After You Have Issued Your Claim

Once you have filed your claim, you need to send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

 

Quote:

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

 

Yours sincerely,

 

 

and then:

Wait until you receive the Notice of Acknowledgement (not the Notice of Issue) from the court and then send a copy to the bank’s solicitors, since they are the ones who will now be dealing with your claim. Their name and address will be on page 2. DG's info - will be on page 2 of the acknowledgment.

 

 

Quote:

Dear Sir,

 

(Your Name) -v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a copy of my schedule of charges relating to the above claim.

 

(If, and only if, you are claiming overdraft interest on your penalties, also include this paragraph)

 

 

I understand you have a policy of initially rejecting claims for overdraft interest. However, should this be the case after you have reviewed my claim, you should be aware that my claim for overdraft interest has been meticulously calculated and double checked. It only ever relates to the cumulative charges within the overdrawn balance of the account at the point that the overdraft interest was debited

 

If it is that in your view the interest is not claimable, I am prepared to discuss this with yourseves and the judge in court.

 

Yours sincerely

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Hi Lat,

I'm a little confused....................

I printed 3 copies of the breakdown of charges including interest and attached them to each of the claim forms that I handed in at the county courts?

1 of which will go to HSBC, the court will keep the other and one was returned to me, should I send further copies?

 

I've had no contact from or with the solicitors.

 

regards

 

Trapdoorsally

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ahhhh, you may think the court sent it to dg - maybe they did, maybe they didn't - but i've never known dg to make an offer without first requesting a breakdown - so send them a copy - then in a couple of weeks it's just the excuse you need to ring them and ask if it was received -

if nothing else this serves to bump your claim and you'll know it isn't lying in some dusty corner.

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Thanks Lat, I guess it pays to make sure....................

Another question, I've just received another £25 overdraft charge for last month, beariing in mind the stage of my claim, how do I go about adjusting the figure?

Kind regards

 

Trapdoorsally

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  • 2 weeks later...

Having received an offer from HSBC in the week of £700 - to which I wasn't even going to respond I received a Judgement for Claimant letter from the County Court ordering HSBC to pay my claim in total!! Whoop-whoop!! I'll keep my excitement contained until such time as I see the cold hard cash in my account - it will pay towards reducing my over inflated overdraft if nothing else.

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