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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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    • If you are buying a used car – you need to read this survival guide.
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    • 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 
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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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
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Taking Cabot to court for failing to supply HSBC CCA + Distress etc


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Even if the "statements" Cabot sent to me, were somehow provided by Bank Of Scotland, surely Cabot's internal records shows a level of intent...

 

intent to do what, I can't say, as any remarks could be libelous

Only if they are untrue;)

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very true..

 

Just want this one dealt with so I can make a start on my next and bigger claim

I sincerely hope you have involved the national press in this matter. What a delight it would be for someone such as yourself taking on these scumbags and proving them to be purveyors of untruths. (allegedly):rolleyes:

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I can't be to specific, as they have until 5pm to file their defence. However, it would appear that their is an untruth in their defence that is in relation to the foundation of claim.

 

It would also appear that they have not read all the rules, in relation to the contents of defence. There are 26 points to their defence and it would appear they have missed the main one :)

 

I will post all tomorrow night !!! Give the folks at Cabot something good to look forward to...

Im sure like the rest of us they will be glued to this thread.

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This is the crazy thing. All they have to do is settle my claims and I promise never to darken their door again.... I would glady never write or email them again.

The point is if you had hired a lwyer to prepare this case for you how much would his/her costs have been. You are saving Ken and Co. This money. They should make some financial acknowledgement of this.

 

If I was them I would be standing at your door tomorrow with a large cheque.

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Welcome back DM, I thought Cabot must have sent the boys round...

 

I have beaten them to the punch on this one. I suggested this to them already and in his letter Mr Dean Spencer, has already rejected my proposal. So now it will be down to the Judge.

 

Good to see you back fella

 

When I suggested arranging a mutually beneficial settlement, i was told:

 

"The proper and appropriate forum for your "concerns" to be addressed is within the exisiting litigation follwoing the making of appropriate directions by the Court"

Yes and m'learned friends will make mincemeat of the Cabot Cowboys

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Was this in writing, as it would be worthwhile making the court aware that they don't want to dicuss settlement but want to use the courts time instead. Judges like people trying to be grown up about claims.

 

I think the pram may be missing some toys in the Cabot household.:D

and hopefully some of the babies from the said prams may be lookin alternative forms of employment if they are not making mailbags for her majesty

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  • 2 weeks later...

If as seems likely Cabot presented it for payment the cheque would have been credited to their account. So it shouldnt be too difficult to trace when and where it was lodged and by whom. I cant see anyone from Cabot Towers going into a bank and just handing over a cheque for a quid and getting cash for it. A crossed cheque must be paid into a bank account. All you need to know is who's. I suspect you already know as oes everyone else on here. Can Cabot dig the hole much deeper?????:D

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Call me a cynic but maybe someone at Cabot Towers was selling red herrings and trying to divert the issue. It could be that they are not as clever as they seem to think they are

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Then where does Cabot Europe get the Authority to pass my alleged debt to Robinson Way to demand payment for their clients Cabot Europe. Surely Robinson Way are not part of the evil axis so presumably Cabot should not be sharing my data with them. Maybe Ken and Co are fed up with me ignoring them

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I wonder would the Law Society be interested in 'Solicitors' signing letters demanding money that they cannot prove is actually owed. I.E. Threats of all sorts without a CCA:rolleyes:

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I bet their signatures are used without their consent most of the time on preprinted threat letters. Im sure their regulatory bodies would be impressed with the standard of some of the rubbish their name is put to

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Thanks BA

 

What I was trying to ask in a cryptic way was, can someone that works for one company file a defence for another company, who they do not work for and they are not the appointed legal representative for ?

Do I detect yet another little problem for the legal team at Cabot Towers:D

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The only positive spin I can put on this is that you really have them rattled and they are pulling out all the stops but remember sometimes too many cooks can spoil the broth.. Imagine what a judge will make of them using all this power to attempt to destroy a mere Rogue Customer. You have right on your side and no doubt afew little surprises of your own. Keep your chin up, you have come all this way and at the end of the day you will wipe the smile off their overpaid faces. Dont forget they are supposed to know about the law. A judge will give you a wee bit of leeway against them.:)

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A Mackenzie/Litigation Friend is not normally a solicitor. WW, as he keeps telling everyone on his webpages, is a barrister by training though not by qualification. If he turns up at court and asks to speak then he should be asked to explain his qualifications.

 

Do you have a court date yet, TB?

 

What a supercillious fool. You cannot become a barrister by training or indeed by qualification alone.

 

A barrister is specialist legal advisor and advocate.

Only those who have passed all the qualifying exams and have been ‘called to the bar’ may call themselves barristers.

 

 

Called to the bar is usually done by the Lord Cheif Justice or the Attorney General. Ken asking him out for a pint in the evening is not quite the same. I think the term he is searching for is Barsteward. Something totally different. Im sure the Lord Chancellor's Office would be interested to hear WW's opinion of himself. Bet he dresses up in the wig and gowns:-D

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Must tell HUBBY - a new money saving [problem] for us "don't send our kids to Uni - let's buy them a degree - we'll save £'s ?" could you just see his face? :-D :-D

 

Time to spice up my CV me thinks? :-D

Just think they could all get a Job at Cabot towers.

 

I once watched Casualty so I could call myself a Cardio Thorassic Surgeon:-D

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Get me a properly executed agreement... Stat.

 

(WTF DOES stat mean????)

Or in the case of Cabot ''Whats a properly executed agreement''

 

Too many words of more than one syllable

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