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    • 25/05/2024? That the deadline or the date of the claimform?
    • 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
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knellyk 2 vs Abbey!


KnellyK
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Hiya Knelly

 

Still waiting for my scarf............

 

Yep the House of Lords next Tues, Wed and Thurs.... so we will see.

 

Not sure how long the house of lords will take to make their decision, but I guess we have waited two years..... another 2 months is not the end of the world.

 

Tuttsi xx

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read on tother site there in court again next week cross fingers eh kk just not when your knitting cou1d be nasty :Dxxkia

 

 

It could! :)

 

 

Very nasty indeed! :D

 

Especially if I was trying to multitask with some of the equipment we have at our disposal on the Angels thread! ;)

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Hiya Knelly

 

Still waiting for my scarf............

 

Yep the House of Lords next Tues, Wed and Thurs.... so we will see.

 

Not sure how long the house of lords will take to make their decision, but I guess we have waited two years..... another 2 months is not the end of the world.

 

Tuttsi xx

 

 

Don't hold your breath!

 

It could be longer than 2 months! :rolleyes:

 

Plenty of time to do a bit more knitting!

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It could! :)

 

 

Very nasty indeed! :D

 

Especially if I was trying to multitask with some of the equipment we have at our disposal on the Angels thread! ;)

:lol::lol::lol:xxxkia
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  • 2 weeks later...
Don't hold your breath!

 

It could be longer than 2 months! :rolleyes:

 

Plenty of time to do a bit more knitting!

 

Yep probably September/October when the HOl resume and then it is a guessing game.

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  • 2 months later...

Well ...............

 

It's September so I thought I'd pop in on my old Abbey thread and see how much dust there is in here ~ it's nearly 2 years since I was supposed to go to court, it's a good job I've been keeping myself busy!

 

 

 

 

 

 

 

 

Still knitting!

:rolleyes:;):p

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  • 3 weeks later...

OOooohhhhh! It's October :D

 

I'd like a judgement soon!

 

In fact, I'd like the judgement by 14th November - that's a very special day! It'll be 2 years to the day that I should've been in court - but I had to find something else to do instead. :D:D

 

 

I've put the knitting needles down now! ;)

Edited by KnellyK
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  • 1 month later...

wot ya knitting missus?

 

a waistcoat? or a cardie? or long johns?

All advice offered here is my opinion only based on what I would do in a given situation. If you wish to act on it you do so at your own discretion

......................................................

I have no legal expertise or qualification, and give advice on the basis of my own experience and nothing else.

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  • 2 weeks later...

Right then......

 

 

It's time to put the knitting needles down and pick the pen up - or use the computer - to write to the court and the bank so they can dust off my claim and bring it back to the top of the pile! :):):)

 

 

 

 

 

It's a good job my hands found something interesting to occupy them during the past 2 years! ;)

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  • 2 months later...

Right then, time to put my knitting down again and start thinking about my stayed case!

 

So..... I just looked through my documents, I was looking for something that says the charges cover their admin fees and found that the Defence Statement says ...

 

"8 The Claimant's contention that the 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 Claimants 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 Defedant's administration expenses incurred (which is denied), the Claimant remains liable to ppay 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."

 

I've pm'd a mod to see if this is the type of statement that they're referring to in the new FAQs.

 

I've since found a letter -(signed by Abbey!) that states...

".......... Even if it were correct (which is not accepted) that the charges are greater than Abbey's actual loss in dealing with your account, Abbey would still be entitled to charge you something fore the expenses. Further you will see that the charges are liquidated damages , and not penalty charges and are therefore valid pre-estimates of loss."

 

 

I think I'm ready to amend my PoC ! :)

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Hi Knellyk

Just to give you the heads up, Abbey have sent a letter to all the courts asking the courts to strike out our claims.

 

Call your court tomorrow to see what your court is doing and if they have received the letter from Abbey>

 

Good luck.

 

Tuttsi xx

 

 

Right then, time to put my knitting down again and start thinking about my stayed case!

 

So..... I just looked through my documents, I was looking for something that says the charges cover their admin fees and found that the Defence Statement says ...

 

"8 The Claimant's contention that the 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 Claimants 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 Defedant's administration expenses incurred (which is denied), the Claimant remains liable to ppay 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."

 

I've pm'd a mod to see if this is the type of statement that they're referring to in the new FAQs.

 

I've since found a letter -(signed by Abbey!) that states...

".......... Even if it were correct (which is not accepted) that the charges are greater than Abbey's actual loss in dealing with your account, Abbey would still be entitled to charge you something fore the expenses. Further you will see that the charges are liquidated damages , and not penalty charges and are therefore valid pre-estimates of loss."

 

 

I think I'm ready to amend my PoC ! :)

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Hi Knellyk

Just to give you the heads up, Abbey have sent a letter to all the courts asking the courts to strike out our claims.

 

Call your court tomorrow to see what your court is doing and if they have received the letter from Abbey>

 

Good luck.

 

Tuttsi xx

 

 

Thanks Tuttsi!

 

I'll do that tomorrow! :)

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I've responded to you but you haven't replied

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I have now :)

 

 

 

I see you found my thread!

Sorry but I have received nothing from you. I have resent you my email this morning

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  • 2 weeks later...

Well done Knelly, good to see things are moving for you.

Tuttsi xx

 

I've just phoned the court they still have a record of my claim which is good!

 

They advised me to write to them to request permission to amend my PoC. So, I'm going to get on with doing that this evening. :-)

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  • 10 months later...

Quick update...

 

I didn't amend my POC and I didn't respond to the useless order that Abbey kindly sent to me.

 

Yesterday I received General Form of Judgement from the court, it orders that the stay is lifted and gives me 'til 4pm on 23rd Februsry to let them know in writing whether I wish to proceed, if I do, i have permission to amend my POC or Defence and Counterclaim.

 

If no action by either side then it'll be struck out with no order for costs.

 

Or I can apply for a set aside but I have to do that within 7 days...

 

 

Decisions, Decisions.

 

 

Has anyone had any luck with Abbey since the Supreme Court Decision?

 

I seem to remember that S French was doing something? If Anyone know that outcome?

 

Any advice would be gratefully received.

 

:-)KK:-)

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  • 3 weeks later...
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