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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.  
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    • 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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HSBC - Court on 2.8.07


m.neville610
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Hi all

 

Have had a court date of the 2.8.07 and the letter states that paperwork has to be exchanged by all parties 2 weeks before the court date. I have been reading up on all the paperwork that i need to prepare but was wondering if it would be better if i get it in order now and send it or would it be better if i send it at the last minute.

 

What would anyone advise? If i send it now would i get an offer sooner than i would if i leave it. Not desperate for the money but would like to get this over and done with.:-?

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its a bout 600 pages in total (3 lots of 200) so i would suggest to keep reading up and wait till nearer the time hsbc may offer in full before the court date so send them a new nudge letter telling of the impending court date if you need a link to these type of letters they are located in this thread

 

just edit the letter to your needs and include a schedule of charges and send via recorded delivery. i would suggest posting your letter on here so we can take a look at it and suggest any changes to it before you post out.

 

hope this helps

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Thanks for all the info. It really helped. Have read through it and the different letter. I have already sent a 'gee up' letter to DG and also another after i had the letter from the court telling me they were doing away with the AQ. What letter do i send now though? I can't find one thats within the lines of that we have a court date and i think we should settle before that date. Can you help? Also i was reading that even though the AQ is not required i would be required to pay the fee but i have not been asked for any monies for this. Should i have been?

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Here is a copy of mine which includes about my hearing:-

 

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

(date)

Re: xxxxxxxxxx- v - HSBC

account no: xxxxxxxxxxxx

claim no: xxxxxxxxxxxx, Filing date:xx.xx.2007.

As you have not replied to my letters dated xx.xx.xx and xx.xx.xx, I thought that I might take the opportunity to write to you again, in the hope that you will respond to this matter.

I am aware that you have a vast number of claims with which you are currently dealing with, and in order to resolve this matter more quickly, I am still willing to accept the sum of £xxxx.xx in full and final settlement. Please note that I do not agree to waive my rights in respect of any other actions, nor do I agree to a clause of confidentiality.

Also, as I am sure you are aware, we have a preliminary hearing on xx.xx.xx at xx:xxam at xxxxxxxxxx County Court, of which I am looking forward too, but in order to expeditethis claim, I hope we can come to a reasonable conclusion.

 

I hope to hear from you very soon so that a reasonable conclusion to this claim might be achieved. I am sure that the courts would approve of our settling this matter in a timely manner and without their further intervention.

 

I have again enclosed a copy of the schedule of charges. This schedule also shows the total of my claim to date, being the original claim amount (£xxxx.xx), the daily interest total to date (£xx.xx) and the court fee (£xxx.xx).

I look forward to hearing from you soon.

With kind regards,

Yours sincerely,

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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I think FL means the AQ fee. If your AQ has been dispensed with, some courts still want the fee to be paid, so give them a ring and ask.

[sIGPIC][/sIGPIC]If you think my post was helpful, please feel free to click my scales

 

 

A prudent question is one-half of wisdom.

 

:D

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Thanks for everyones advise. I will give the court a ring tomorrow. And get to work on the letter to DG. Another thing i would like to discuss is; i have a loan with HSBC but no current acount any longer with them. The loan is now in the hands DG as i defaulted on the payments over a year ago but i do pay them a weekly amount now. Will they take the money they have to pay me back (4K) and pay it to my loan (i don't want them to do this). I have heard that some banks , if you have a loan account and a current accoung with them, pay your money back into your current account and then automatically take it out and pay it to the loan account you have with them. Is this true and are they within their rights to do this?

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i believe they can but if you ask for the amount in a cheque they may be oblidged to give it you there is a thread on here somewhere with this explained in detail but i cant find it - maybe someone else knows where it is and will post a link for you.:confused:

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Hi neville,

 

Is it a full hearing oyu have or is it a pre lim hearing? as it migh be worth considering asking the court ( judge) for a draft directions order...... all the information on this is on the site.........

 

this could speed the whole thing up.........:)

rockin all over the world

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hello neville,

 

how long did it take to get your court date after being told your case weas being transferred to your local court?

 

mines been a couple of weeks now with no news.

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