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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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BLS No CCA but still demanding payment


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Even though the case seems clear, they do not have a fully executed agreement so the court can not make judgement. Why the need for a massive full day of legal arguments against a team of barristers and witnesses in front of a very high judge?

 

Ok well its for you to point out the flaws in the agreement hence the need for a day in court

 

the judge wont find the faults for you , you need to draw his attention to this and back it up with Case Law hence the Witness statements and Skeleton Arguements

 

so unfortunatley that is how the court works, been in there many times and im afraid it never changes

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So when I win its a case of the bigger the court the bigger the party afterwards? :) Just one other thing before bed. The Solicitor asked at least twice before we went if I was interested in settling out of court and went out of his way after the hearing to try and cut a deal with me. The deal was I admit the debt in writing and they let me pay it off without a ccj with regular payment reviews. This apparently is to save on my legal bill if I loose which could be the same size of my claim.

 

There is also charges and PPI which if you work out the interest come to nearly two thirds of this claim. Can I not claim these back before i start or would that be admitting the debt?

 

Thanks for all your advice Paul

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Could this be an extreme version of the "who's going to blink first" routine?

 

IMHO as they have admitted there is no copy of the agreement, ignoring the enforceability of what they have got, surely as they are still in default of the original s.78 request, they should not be seeking enforcement anyway!!

 

But then the banks do think they can make up the law to suit them, and some DJ's seem to agree with them :(

 

Due to the direction it is now going, might it be worth investigating whether you can get a pro-bono representation. After all, it worked for Penelope Wilson !!

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Its just short of 5K, ive seen dca's give up at the first hurdle on this site so its worth looking into why they are pushing for fast track. Maybe its to put me off as they think they will win and double their money with the costs. Or maybe it's just Lloyds that wont give up till the end, they are tough. I also have a bank charges claim against them which is stayed, they are the only one of 8 claims that isnt over and done with.

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Hi PM,

 

Any reason why it went to fast track if the debt was below 5k? The legal arguments are straightforward, so it shouldn't be a complicated matter.

 

IMHO the only reason the other side go for tast track is to get their costs. In small claims both sides are usually expected to meet their own costs.

 

I've one claim running at the moment where the CC claim was just under £4k but at the last minute, the solicitors for the bank added the cheque account overdraft of £1200 to just go over the 5k limit, even though the cheque account was NOT in default and was only OD because of £1800 in charges I was claiming back! The solicitors then claimed in the AQ that their costs would be around 8k (yes, £8,000) to bring a claim of less than £4k.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Just read your update. What 'complex arguments? Did you have a dumpty of a DJ?

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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Thats right, It could double the amount of the claim but it make no difference as I couldn't afford to pay off a £100 debt never mind a £10,000 debt. Trouble is they will have a legal team and I'll be stood there on my own trying to fight them without experts stood next to me.

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At the hearing I thought the Judge was going to get up and join the sollicitor opposite me at the table. I explained all about the CCA and also the fact that they have been unable to find the original default so have re created ( forged to you and me) and intend to call bank staff to give witness statements about the default. I also pointed out about the terms of the CCA had to be within the four corners of the agreement, the solicitor told the judge that the application form only excists on mircofilm. The fact that it is now nolonger a complete document isnt that complex to me.

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From what's been said IMO it would seem that the solicitor's sole intention was to confuse matters so that it would seem a complex argument and therefore get the case onto fast track.

 

sneaky :(

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And by getting it onto fast track then it helps them to try and force me into accepting their offer. Considering Lloyds own SC&M which will keep their costs low I would have thought the chance of taking someone with no chance of legal help to a fast track court in order to try and double their money would be to much to resist. Unless they know they have little chance of winning if it goes all the way?

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I would have thought the chance of taking someone with no chance of legal help to a fast track court in order to try and double their money would be to much to resist.

 

Have a search for pro-bono

ProBonoUK.net Home and i think there's also a link on PT's profile

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Thats right, It could double the amount of the claim but it make no difference as I couldn't afford to pay off a £100 debt never mind a £10,000 debt. Trouble is they will have a legal team and I'll be stood there on my own trying to fight them without experts stood next to me.

 

 

But you will have a much larger and more experienced legal team on your side - CAG!

 

When you get to court, start with the assumption that the DJ is dumb and can be easily led by the sneaky lawyers from the claimants. Prepare all your arguments properly with all the paper work in order. Then draft out what you want to actually say. Print this out in large font on separarte paper. If the other side go first, don't interupt the other solicitor when he is speaking and don't allow him to get you all riled up. Keep calm and then READ out your defence 'speech', as though you were in front of the teleprompter.

 

The claimant has to prove the case, not the other way around, so as long as you don't admit you owe the debt before the DJ, you should be OK. The DJ may ask some questions but remember the DJ has to follow the statute and decided cases. If he doesn't, the DJ can be overturned on appeal.

Arrow Global/MBNA - Discontinued and paid costs

HFO/Morgan Stanley (Barclays) - Discontinued and paid costs

HSBC - Discontinued and paid costs

Nationwide - Ran for cover of stay pending OFT case 3 yrs ago

RBS/Mint - Nothing for 4 yrs after S78 request

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This is interesting...

 

I have BLS chasing me for a llods tsb credit card. But nearly half of the debt was payments for PPI which i never signed up for.

 

I wrote to them asking for the credit agreement form and also for the PPI form signed by me... Nothing!!

 

They sent another letter chasing payment, so i wrote back... Nothing.

 

Got the final letter today stating if i do not make payment or respond within 14 days they will begin legal proceedings against me.

 

So i phoned... I spoke to a young lad who confirmed they had received my requests, i explained that by law they are obliged to provide the info but he was very arrogant.

 

When i explained that over £600 was PPI that i never took out and nearly £500 was charges, he offered to take £600 off the debt if i paid today.

 

But this isn't the point, i pointed out i hade made a request that they are legally obliged to provide to me, if they can't the debt is unenforcable.

 

It seemed like a cop out so i declined and said the time limit has run its course and i look forward to seeing them in court.

 

I may be stubborn but it annoyed me, he was basically admitting the PPI cover was crap

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  • 2 weeks later...

Ive had a few days off picking on DCA's as I began to get stressed out and also been busy making complaints to FOS.

 

Ive recieved the order from court and I have until the end of April to compile my amended defence.

 

I'll have a few questions to I'll be back over the next few days with them all.

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My defence has to be in by the 28th April so I would be very greatfull for help in putting it together.

 

As this claim involves bank charges of around £2000, if I started to claim them back would that be admitting the debt?

 

If I didnt claim them back and lost the case would I then be able to say I dont agree with the amount?

 

Thanks

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Hi PM,

 

Did you contact the people via the links I posted? can they help you?

If you find my advice helpful - please click on my scales

<<<<<< - they're over there!

Well, it's a funny black star now ...

The small print - any advice I give is freely given on the understanding that I am a layman and am not legally qualified in anyway.

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Admitting or not admitting the debt is irrelevant. The loan is caught by the consumer credit act, so they have to come up with a valid agreement. You are not denying you had the money, they can easily prove that you had.

 

Because the 2006 act doesn't apply in your case, they have to provide a compliant agreement otherwise the judge is not allowed, by law, to enforce.

 

If they have a piece of paper with your signature and the prescribed terms they may well win. Otherwise they don't win.

 

Personally I wouldn't cloud the issue with a charges counterclaim, I'd wait until their claim is disposed of.

 

Now I must get my AQ off tonight!

 

Regards

 

 

Lantana

Edited by The Lantana
Bluntness!
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Well my amended defence has to be in by next monday, I would be very greatful for some help. Should I just add to my oridinal defence and if so what is best to add or leave out. Could really do with your help Paul.

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