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    • 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.  

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

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katies

By katies
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katies

katies

Posted
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Posted

I think you're probably right - the latest letter has been delivered via Poplar branch electronically. I've now printed off a copy as it's the best proof of posting I can get, as you say.

 

I've also emailed Dino - he IS quick to reply isn't he! It's Sharon Daboul dealing with my claim - 0208 116 6842, [email protected]

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oneofakind

oneofakind

Posted
Posted

None of the letters I've sent have had proof of a REAL signature.

 

Can you imagine signing for a sackful of recorded delivery LBAs every morning ??!!??

 

It's a dirty job, but somebody should be doing it !!

 

:D :D :D

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welshcakes

welshcakes

Posted
Posted
None of the letters I've sent have had proof of a REAL signature.

 

Can you imagine signing for a sackful of recorded delivery LBAs every morning ??!!??

 

It's a dirty job, but somebody should be doing it !!

 

:D :D :D

 

What do you think Santa's elves are doing for the rest of the Year!!! The banks like them as temp staff during busy periods as elves are notorious for;

 

being very cheerful even under duress

prepared to promise anything if it spreads a feel good feeling

do not suffer repetitive strain injury due to naturally high Omega 3 levels

are used to living in a complete fantasy rendering them wanting of telephone and computer skills.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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katies

katies

Posted
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I've finally received Barclays defence, it seems fairly standard to me...?

 

1. The Particulars of Claim do not provide details or particulars of the account in question and / or the precise charges alleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on the Claimant's account for unauthorised borrowings whether unpaid fees for returned cheques, 'Paid Referral fees' or any other such fees), the Defendant puts the Claimant to strict proof of each charge and the date thereof.

 

2. The Particulars of Claim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.

 

3. The Defendant is entitled to charge the Claimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including (in particular but without limitation) the following terms and conditions (which are summarised):

a. The Defendant's right to charge a 'Paid Referral Fee' where the Defendant pays an amount (either by compulsion or election) which causes the account to become overdrawn - £30 per item (previously £25).

 

b.The Defendant's right to charge an administrative fee if any cheque, standing order or direct debit cannot be paid because of insufficient cleared funds in the account - £35 per item (previously £30).

 

c. The Defendant's entitlement, if the Claimant becomes overdrawn without an overdraft limit, to charge interest at the unauthorised borrowing rate on the excess balance.

 

4. The Defendant's standard terms and conditions give the Claimant a fair and transparent view of those terms and the charges applicable for unauthorised borrowings (including where the account is overdrawn without an overdraft limit or where the Claimant exceeds the authorised overdraft limit).

 

5. If and to the extent it is the Claimant's case that the failure to make necessary payments and / or failure to remain within authorised overdraft limits and / or failure to arrange an authorised overdraft constituted a breach of the terms applying to the account and that the contractual entitlement to debit charges from the Claimants's account constitutes a liquidated damages clause, the same is denied. The charges constitute payments the Claimant agreed to make by reason of the terms and conditions of the account and were consideration for the Defendant advancing credit to the Claimant, which the Defendant was under no obligation to advance. The Defendant was entitled to impose such charges and interest when the Claimant incurred the overdraft.

 

6. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999.

 

7. Therefore, it is denied that the charges were unlawfully debited from the account.

 

8. If and to the extent the Claimant incurred charges on the account, this was caused by the Claimant having gone into overdraft without having agreed with the Defendant an authorised overdraft facility or to increase the overdraft facility and / or the failure to make payments to bring the balance of the account back into credit.

 

9. It is averred that the said charges and interest are and remain lawful and enforceable and that the Defendant was entitled to debit the same.

 

10. The Defendant denies that it is liable to the Claimant for the sums claimed and interest as pleaded or at all. In the alternative if (which is denied) the said charges are unenforceable and constituted a breach of contract by the Defendant, those charges which were applied to the account prior to 3 May 2001 are not recoverable because they are time-barred under the terms of the Limitaion Act 1980 in that more than six years have elapsed since the accrual of the cause of action.

 

11. In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges and interest or any part thereof are unlawful or unenforceable as alleged by the Claimant or at all, and the charges were a consequence of the breach of contract by the Claimant, the Defendant has nonetheless suffered loss and damage as a conseqence of such breach of contract in allowing the account to go into unauthorised overdraft. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claimant.

Barclays Bank PLC

 

 

So, do I now need to send off an updated POC?

 

Have other people's defences mentioned the actual charges made?

 

Also, where do I bring into my reasoning that we did request that our overdraft was temporarily extended (for reasons no one could question) to be told by the bank manager that he would do what he could but 'the computer' would not allow him to increase our overdraft...? (Despite my parents offering to act as guarantors.) How much do we use a tragic family event to explain our case? To date it has been purely factual.

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katies

katies

Posted
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Cheers Dar£n! I've got all the letters ready / emailed. I've used your cover letter for the courts too - much better than the one I cobbled together after a couple of glasses of vino!

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katies

katies

Posted
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I received a reply email from Sharon tonight thanking me for sending my documents. As we already know from this site, they are inundated with claims at the moment so she will be in contact a couple of weeks before the hearing date once she has assessed the merits of my claim.

 

So, it looks like I'm starting to prepare my court bundle this weekend...

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saintly_1

saintly_1

Posted
Posted

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/97447-court-bundles-dummies.html?highlight=court+bundle+for+dummies have a look at this .... ive got it bookmarked for when i need it

 

for statement of evidence use the the one at post #34 here http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/36692-peter-rabbit-barclays-success-2.html

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katies

katies

Posted
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Thanks again Saintly, I'll have a look at these. I've been bookmarking things for a few days - I just hope I can find my way through it all (and then understand it!). Me thinks I need to buy some paper and more ink cartridges in the morning!

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katies

katies

Posted
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I'm working through my bundle - gulp! We are reclaiming paid referral fees and when we went beyond our overdraft agreement we way exceeded the £25 fee. So, in my statement of evidence, is it better to omit the 'breach of contract' paragraph as I'm not sure I can argue the charge was disproportionate - even if it was as a result of so many charges causing us to go so far overdrawn..?

 

Help!

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oneofakind

oneofakind

Posted
Posted
is it better to omit the 'breach of contract' paragraph as I'm not sure I can argue the charge was disproportionate

 

DON'T!!! DON'T!!! DON'T !!!

 

Our whole argument is that their fees are penalties because they are totally disproportionate to the actual losses incurred by the bank. :mad:

 

Don't make the mistake of thinking that because you went more than £25 outside your allowed overdraft, that their charges become fair! The cost of dealing with your 'breach of contract' has been generously estimated at £1.50 at most. Why should you pay TWENTY TIMES that amount as a charge!?!? :mad: :mad:

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katies

katies

Posted
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Done most of my printing out - more thinking needs to be doing and personalising my statement of evidence but my brains' done in now!

 

One question - I haven't got a printout of my MCOL application - is this likely to be a problem?

 

Time for a tipple I think....

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welshcakes

welshcakes

Posted
Posted

One question - I haven't got a printout of my MCOL application - is this likely to be a problem?

 

Do you have Adobe? If not, the MCOL site has a link for you to download it free - you will need it to view your claim. You can go to your online claim at any time and click "view" whereupon a pdf window will open with your exact claim applictaion. You can then print that off.

3 Active Claims:

Barclays Refund of Bank Charges (Sole account) - Applied to lift court ordered Stay

Barclays Refund of Bank Charges (Joint account) - Awaiting court date

Barclays Refund of Bank Charges (Joint account) Pre-6 yrs- LBA sent.

 

 

3 Wins :

Barclays t/a The Woolwich (Data Protection Act breach costs & compliance)

HSBC (on behalf of brother)

Settled Out of Court - £3,874.76

Alliance & Leicester (on behalf of friend)

Settled Out of Court - £723.41

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dar£n

dar£n

Posted
Posted
DON'T!!! DON'T!!! DON'T !!!

 

Our whole argument is that their fees are penalties because they are totally disproportionate to the actual losses incurred by the bank. :mad:

 

Don't make the mistake of thinking that because you went more than £25 outside your allowed overdraft, that their charges become fair! The cost of dealing with your 'breach of contract' has been generously estimated at £1.50 at most. Why should you pay TWENTY TIMES that amount as a charge!?!? :mad: :mad:

 

Exactly, the banking code states that banks are NOT allowed to make a profit from charges, they clearly are!

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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katies

katies

Posted
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Thanks again Saintly, brilliant references. Hope you enjoyed your tipple! I did - and overslept this morning!

Thanks too Welshy - I did it! No mean feat either... One more document into the file!

Not sure I'm up to rewriting anything tonight but hopefully I'm ready for action when I get my date, thanks guys!

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  • 3 months later...
katies

katies

Posted
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Posted

After a very long wait, I'm now looking at my prelim hearing next week (tues). I rang the court to ask what I needed to take with me and the lady there was quite off-hand saying to take 'everything I would be using in evidence'. Is it still advisable to take along my whole bundle? I've forgotten what's in it now!

 

It's all very frustrating - I know it'll be stayed and all the time and effort now is almost pointless. There do seem to be some cases still being settled though...?

 

Any point in contacting litigation team at this stage?

 

All thoughts and advice welcome, thanks!

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slick132

slick132

Posted
Posted

Hi Katies,

 

You're probably right to expect your case to be stayed, but your effort so far has not been wasted. You are well prepared having your bundle done already.

 

Can you post details of the notice for the hearing next week.

 

I assume you've not sent bundles in to court and bank yet as they've not be called for.

 

No point in contacting BLT - they'll say nothing to assist your case and you can always hope they forget to attend !

 

Take 3 copies of the anti-Stay doc's with you to court. See here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820

 

Personalise the doc'ts for your circumstances, then print off.

 

Slick

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katies

katies

Posted
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Thanks Slick!

 

Felt much that way re BLT - I've been very quiet and hope they've forgotten I'm still waiting for MY MONEY!

 

Bundles haven't been asked for at all which is why they're no further forward than when I started them in July. It looks like I'll need to update my POCs as I submitted on MCOL. Any point in completing and copying them? Also applications for removal of stay x 3 - I can hope!

 

'Notice of Preliminary Hearing

 

Take notice that the PRELIMINARY HEARING will take place on 23 October 2007 at 2.00pm

at Croydon County Court....

When you should attend

14:00 has been allowed for the PRELIMINARY HEARING

Please Note: This case may be released to another judge, possibly at a different Court.

THIS CLAIM IS ALLOCATED TO SMALL CLAIMS TRACK.'

 

No info at all really as to why it's a prelim hearing, but I see that someone else has a similar story with Croydon CC this week.

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