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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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Fred Bassett v Bank of Scotland/Blair Oliver Scott


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Wow, i'd missed FDPMs thread. Probably explains why things are so quiet.

Let me know if they agree to 5%.

Thanks Jon

 

Will do. It won't be for a couple of months as a I have another one I want to sort out first, but I'll post up what happens.

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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Hi fred

I 've done nothing but read about you and been posting threads regarding my preference account - i seem to have acquired as a result of a loan i took out but unsure where to go from here ! Could you please take a look at my thread

 

icon11.gif Re: Preference Account Holder since i took a loan out !!! HELP!

[/url]

 

Hi thanks for replying !

An update since i've been unclear in my thread.

I have sent a Subject access requestlink3.gif with a £10 cheque to Capital Bank and on the last day of the allowed 40 i receive communication , in the shape of a list of transactions from the start of the loan to the end of it and only one default ( NO default notice served ). But this isn't my issue, the Preference Account that derived from this account ! They say they hold no other information other than the loan ??? !!! This confuses !!

I still have had to use this card as a way to survive the rollercoaster, no realising the APR and the min payment only just covering the high interestlink3.gif- i have no recollection of signing for such card, and this account has stopped me obtaining credit due to the debit card facility at the cash point - but experianlink3.gif classing it as a credit account !! What can i do ? I'm on the sick waiting for a back operation, my stress levels and my money worries are not helping !

Would love some help ? Advice ? direction - Heads in shed !

How can i ask for help from Mr Bassett himself or Abbey or Site Advisors ?

heres my last post !!

Edited by citizenB
Included link to thread referenced.
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  • 1 month later...
  • 1 year later...

Just an update on this. My credit report in 2011 was marked for this account "closed in November 2011". Sure enough it has now dropped off the list. I don't suppose these means I've heard the last of it - BoS have probably sold it on. Has anyone else heard anything on their preference account recently?

 

Regards.

 

Fred

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I wonder if these have been sold on to somebody. I can't believe that they would simply just write them off without attempting to get some money back.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I wonder if these have been sold on to somebody. I can't believe that they would simply just write them off without attempting to get some money back.

 

 

I am wondering (hoping) that they have recognised these are mostly duff accounts, some with mega charges and PPI that was neither requested or required.. and they have indeed written them off!

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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I am wondering (hoping) that they have recognised these are mostly duff accounts, some with mega charges and PPI that was neither requested or required.. and they have indeed written them off!

 

Fingers crossed you're right CitiB, but we still have to be vigilant. I think HBoS realised that BoS made a massive mistake with these cards. They did try it on with some Caggers, but they got seen off. Power to the people!

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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I've not heard from them since I asked them whether there discount offer was an April fools joke! I had the same letter as post 262 dated 1st April 2009.

Mines gone from my credit report now as it was defaulted in November 2005.

 

That's exactly the same as mine, defaulted in 2005 and now off my credit report. However, I was making payments to this account through the CCCS early in 2008, so it's not stat. barred yet.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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That's exactly the same as mine, defaulted in 2005 and now off my credit report. However, I was making payments to this account through the CCCS early in 2008, so it's not stat. barred yet.

 

Hi Fred, My Last payment via

the idjits at Iqor was 1/10/08 I stopped after I CCA'D them and they provided a bit of toilet roll!

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Oh heres a copy of the letter I sent them:

Cut and pasted from another thread!

Dear Sirs

 

With reference to your letter dated 1st April 2009, which I can only assume to be Aprils fools joke. A copy is attached for your ease of reference. The contents of which are noted.

 

I must admit to bemused and concerned about your Frivolous demands for payment. This account is subject to a serious formal valid dispute and has been for some considerable time.

 

 

Clearly, the alleged debt is disputed. You have been provided with full details, but have failed to make any substantive effort to resolve the dispute. It should not be necessary to remind you that the Office of Fair Trading Guidance on debt collection is clear that failing to suspend collection activity whilst a dispute is unresolved is an Unfair practice. Your activity also appears to be contrary to ss.3(b) & 7 of the Consumer Protection From Unfair Trading Regulations 2008 (CPUTR).

 

As you have failed to provide an enforceable Agreement, you are now in breach of OFT Collection Guidelines, and have also breached my s10 Data Protection Act request , My request for refund of Unlawful and unauthorised charges has also been ignored.

 

In addition should you continue to pursue me for this debt you will be in breach of the OFT guidelines, I draw your attention to the Office of Fair Trading’s guidance on debt collection

The OFT guidance which was issued July 2003 (updated December 2006) relating to debt collections and what the OFT considers unfair, I have enclosed an excerpt from page 5 of the guidance which states

 

2.6 Examples of unfair practices are as follows:

 

h. Ignoring and/or disregarding claims that debts have been settled or are disputed and continuing to make unjustified demands for payment

 

After taking advice, I am of the opinion that any continued pursuit is in violation of the Administration of Justice Act 1970 section 40.

 

 

I note your Frivolous threats to sell my account to a debt collection agency, under no circumstances are you permitted to transfer my account to any third party. If you transfer my account to any third party, this will be invalid & unlawful.

Immediate complaints will be made to all relevant regulatory bodies including. Trading Standards, OFT and the Data Commissioner.

I will also complain to My Local MP.

 

I will also advise any third party you assign or sell this account to, to seek redress from yourselves.

 

I have repeatedly requested a signed copy of the credit agreement, which complies with The CCA 1974, which you have not been able to produceand I do not recognise any liability to you or your legal right to pursue this alleged debt.

As you are aware, a credit agreement that is not properly documented and signed by the customer is totally unenforceable under the CCA and therefore is a complete defence to any court claim that is issued. The following examples are from high court and the court appeal case law which backs up any legal defence, or counter claim under Consumer Credit Act 1974 s.142

 

 

Wilson v First County Trust Ltd [2001] EWCA Civ 633, Sir Andrew Morritt, Vice Chancellor said:

The creditor must…be taken to have made a voluntary disposition, or gift, of the loan monies to the debtor. The creditor had chosen to part with the monies in circumstances in which it was never entitled to have them repaid

In the case of Dimond v Lovell [2000] UKHL 27, Lord Hoffmann said:

Parliament intended that if a consumer credit agreement was improperly executed, then subject to the enforcement powers of the court, the debtor should not have to pay.

Should I need to pursue court action there I am currently in discssions with a firm willing to do this on a no win no fee basis and this would incur considerable expense to your self both in litigation costs and my legal costs.

 

 

As a compromise I suggest you write off this alleged debt and remove all reference from my credit files.

 

Should I not receive a satisfactory reply then I will be enforcing my legal rights through the courts and would suggest you pass this letter to your legal department for their attention.

Furthermore, you should remember that a creditor is not permitted to take any action against an account whilst it remains in dispute. This alleged account is subject to a very clear dispute and therefore the following applies:

You may not demand any payment on this account, nor am I obliged to offer any payment to you.

You may not add any further interest or charges to this account.

You may not pass this account to any third party.

You may not register any information in respect of this account with any of the credit reference agencies.

You may not issue a default notice related to this account.

Consequentially any legal action you pursue will not not only be VIGOROUSLY defended, it will ALSO be averred as both UNLAWFUL and VEXATIOUS.

 

I trust this outlines the situation.

Yours Faithfully

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Mine was sold on ... had a chasing letter, replied stating unlawfully sold as still in dispute, and told them why i.e the cca provided contained no reference to regulation under the CCA74 - despite BOS confirming the account to be a credit card and regulated under the act.

 

As you would guess, no reply ... and nothing further recd to date ...

 

Abs

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  • 1 year later...

long time since posted as little or no action. Recently started receiving letters from Lowells saying they'd bought the debt (HBOS PREFERENCE ACCOUNT) etc and must pay etc - no valid dispute - held my ground and stuck it out - received letter from Lowells on Friday saying ".... reviewed the file in its entirety and have now written balance off as agesture of goodwill (more than £10k) and that all adverse info will be removed from credit file - debt will not be sold on anymore and we won't be contacted again...." Incidentally they never sent me a copy of agreement ,

thanks for help on this

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long time since posted as little or no action. Recently started receiving letters from Lowells saying they'd bought the debt (HBOS PREFERENCE ACCOUNT) etc and must pay etc - no valid dispute - held my ground and stuck it out - received letter from Lowells on Friday saying ".... reviewed the file in its entirety and have now written balance off as agesture of goodwill (more than £10k) and that all adverse info will be removed from credit file - debt will not be sold on anymore and we won't be contacted again...." Incidentally they never sent me a copy of agreement ,

thanks for help on this

 

Cleo, this is fantastic news - do you have a thread of your own for this ?

 

Do not destroy that letter.. keep it safe for at least a couple of years :)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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long time since posted as little or no action. Recently started receiving letters from Lowells saying they'd bought the debt (HBOS PREFERENCE ACCOUNT) etc and must pay etc - no valid dispute - held my ground and stuck it out - received letter from Lowells on Friday saying ".... reviewed the file in its entirety and have now written balance off as agesture of goodwill (more than £10k) and that all adverse info will be removed from credit file - debt will not be sold on anymore and we won't be contacted again...." Incidentally they never sent me a copy of agreement ,

thanks for help on this

 

Hi Cleo,

 

Was there any particular letter / wording used that made them give this reply?

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  • 1 year later...

Hi, my preference account was stat barred in July. Got the first statement in 6 years on Saturday email Ce of Bos with Stat barred letter, got home today to find letter with £150 offer for the inconvienience and accepting stat barred.

Balance was over 15k!

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